Urgent!!! Please Advise Question about my wifes Name on her 485 application

dfox

Registered Users (C)
We applied our AOS in Dec 2001. I was the primary applicant in the process.
My wife is on a H1 and has been working for a while now. When the lawyer prepared
our applications for EAD, AP and 485, he gave my last name on all the applications of my wife.
 Whereas her name in the passport has her last name before our marriage.
We got our EAD and AP approved and her name has my last name.

 She has been in the US for a while and she has her drivers license and SS with
her previous last name( before marraige). Now would this be a problem?
 if any one had a similar situation please share.

Can you tell me what needs to be done in this kind of situation?
Do you think i should change her name on the passport and other documents to avoid confusion in the future?
Would this generate any RFE?

Any help would be appreciated.

Thanks
din485
 
RFE likely...

You can always make her previous last name - middle name and can start using your last name as official last name.

You still have an oppurtunity to list all the different last names used in the subsequent applications. You will have one last chance to get the name right at the time of 551 (GC) stamping.

It will be better to have names consistent between the GC card and passport. Meanwhile I will not worry about it too much.

It is upto you to change the name in the passport...
 
I had been thru this situation - here are the details- hope it helps.

Hi,

If your lawyer has given your last name for your wife you do not need to worry. Since she is on her own H1 she would have submitted her H1 copy and employer letter too with maiden right?
In the I-485 form, in the column \'Other names used\' I am sure you or the lawyer has given her maiden name too and also submitted your marriage certificate copy.

Also, since she has EAD and AP with your last name, The GC will also have your last name. If you have a fair idea as to when your 485 will be approved (depending on the trend/pace of adjudications in VSC), it is better you get her a new PP at the Indian Consulate.
(We had been to NY. You can go to whichever is closest to you.For further info on NY consulte you can go to http://www.indiacgny.org/). You definelty need YOUR passport and marriage certificate as proof in additon to her passport. The process is simple. You need to fill in a form and provide the necessary documents and I guess $24 for fee . If you apply for it before 11 pm, you can get it the same evening. Else, for a fee, they have an option of express mailing it back to you.

Once it is changed, you can go ahead and change the Drivers License based on the PP, Banks and credit card will change based on PP and DL. However, you can wait till you get the 485 approval to get the SSN changed ..coz then, you can change the name as well as status from temporary worker to permanent resident once and for all..instead of changing the name once and status again later..

Hope this info helps.
Regards
Illusion.
 
Thanks a lot for your information another quick question

 When we get a new passport would it have a reference to her old name some where
in it or something saying that her name changed after marraige.

Thanks for your cooperation
din485
 
Yes it does

Hi,

Yes, it does have a page where it says that \'
This person travelled by this name (maiden name) before.
Also, they give back your old passport with a read seal saying
\'Passport cancelled\' but \'visa valid\' ( in case her H1 is still valid)

They aslo mention that the new PP was issued fro the purpose of name change after marriage.

hope this helps
illusion.
 
No Title

They do not issue a new passport. On the page where the name is currently mentioned, they will stamp something like : "Deleted see page 7" and then on page 7 of passport they will write

The name has been changed from
First Name before , Last name Before TO
First name (same as before), Last name (new) AFTER
marriage with your first name , your last name.

Signed by officer and Indian Emb. stamp.
 
I did - I got a new passport at NY consulate.

Hi,

I did - I got a new passport at NY consulate. I had got mine done in July 2001. I don\'t know if it has changed eversince or you are talking about something that was done years ago.

illusion
 
Hi Illusion did you get any RFE regarding this last name situation

during your 485 process?

Thanks
din485
 
I have also been through this. ..

At Indian embassy they put a stamp that name of person appearing on first page has been changed to so&so because of marriage.
So you dont even need a new passport, but problem is you will not be able to change the name on SSN till you have changed the name in INS papers and till name on SSN is changed you can not change on DL.
In my case I have used the married name in 485 and have a change of name stamp on passport.
 
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