Wife's Maiden Name Predicament

[kenai]

Folks,

My wife has used her maiden name all along. We never felt the need to change her last name to mine. Her passports, previous visas, INS approval notices etc. all have her maiden name. Of course in all these documents, my name is also listed. For example, my name is listed in the passport as her husband. Similarly, the dependent visas (F2,H4 etc.) that she's had list my name as well.

Anyway, here's the predicament. My wife is presently on a valid H4 status (no visa stamp in her passport). She recently delivered a baby. For health reasons, the delivery took place in India. In order for her and the baby to return to the US on H4 visas, we applied for a Indian passport for the newborn. My wife made some enquiries regarding the passport for the baby. We found out that the Indian Government will NOT issue a passport to the newborn unless my wife changes her last name in her passport to my last name (she was told that she needs to apply for a fresh passport). Sounds ridiculous, but this is what the passport office said. Fine. Two questions:

1. Assuming that she receives a new passport, what happens to her valid H4 approval notice. Do we need to produce this at the US Consulate when applying for a H4 visa for her ?

2. Similarly, when she returns to the US with the newborn, does she need to explain to the immigration officer at the POE that she changed her last name. Her old I-94 (removed when she departed the US) has her maiden name.

Thanks in advance for your help.

 

[waitin_toolong]

well that guy was an idiot, and imposing his patrician views on ur wife, there is no such rule
check out
http://indianpassport.nic.in/

this has all the rules etc.

Talk to someone else .. the other thing is to go through a broker.

I know a lot of friends whose spouses do not take on the husbands name and have had no such problems. It is ur right to bear whatever name you want to, and not be forced by these idiots, u definitely want to talk to this guys supervisor and get this condition in writing from him or ask him to show where such a rule is written, as it may lead to problems in future.

Get the baby's birth registered and there have the names as they are. that is all the proof needed for relationship.

 

[kenai]

well that guy was an idiot, and imposing his patrician views on ur wife, there is no such rule
check out
http://indianpassport.nic.in/

this has all the rules etc.

Talk to someone else .. the other thing is to go through a broker.

I know a lot of friends whose spouses do not take on the husbands name and have had no such problems. It is ur right to bear whatever name you want to, and not be forced by these idiots, u definitely want to talk to this guys supervisor and get this condition in writing from him or ask him to show where such a rule is written, as it may lead to problems in future.

Get the baby's birth registered and there have the names as they are. that is all the proof needed for relationship.

Thanks for the link, waitin_toolong ! I went through the passport application rules. And you are right...there appears to be no such rule requring a wife to adopt the husband's last name just so that the newborn can be issued a passport. It's just plain silly of the guy at the passport office to impose such a requirement. We did not have any trouble obtaining a birth certificate with my wife's maiden name. So I am at a loss to understand what this guy's problem is. We'll try again and, as you said, ask him to show written proof of the rule. That way, he might hopefully back off.

You suggested the possibility of going through a "broker". I must admit I don't know where to start looking for one. I suppose any reputable travel agent in India should be able to give pointers ? Thanks again !