Please help - Maiden Name Issue before Biometrics

[extrajay 0]

Here is the situation.

I am an American citizen and my wife is from Slovakia. I sent all documents (for both I-131 and I-485 applications together) to the office in Chicago this December for Adjustment of Status (Green Card).

We got married in July.

We live in Las Vegas, NV.

We also got married in Las Vegas, NV.

And you know how it works:

1st you have to obtain a Marriage License document to have the ability to legally wed in any chapel in the state,

2nd after the wedding you apply for and receive a Marriage Certificate stating both the husband and wife's names and the date and place of marriage as well as best made and best man's names and the name and signature of the Official performing the Marriage (Administer, Pastor, or other depending on religion or in case of nonreligious wedding).

The problem starts with NEVADA law - the law says when obtaining a Marriage License document the wife has to write her LAST official name in the Marriage License application - that means if it is a 4th marriage for the wife, she has to write the 3rd name she has used if she had previously changed her name 3 times. If not the last used........or the maiden name, but never write the new Last name of the current husband......anyways...

in my case both me and my wife got married for the first time and she had to write her maiden name in the marriage license application.

Also after the wedding you get a Marriage Certificate - in that Certificate, of course, the name of the wife is the same stated on the Marriage license application.

So now we have a Marriage License with her maiden name. This is very common for Nevada residents.

But in other states I know you can request the new last name to be shown on the certificate. In Nevada you can't.

So how then the wife can obtain all her documents with her new last name.

The Law says that the wife has to go to the Social Security Administration first and show the Marriage License and 2 forms of ID which of course can be with her old name - they are needed only to recognize the person by the photos on those IDs. So then she will fill out an SSN application where she will state her maiden name (and I am not sure if she has to state other names used in case of more marriages) and the new name. And voala - in 2 weeks she will get the new SSN card, and after that she can change Driving License and/or ID and then the rest of documents.

All this works fine if both husband and wife are American.

But nobody says what will happen if the wife is in process of obtaining a Green card.

We received the letter for Biometrics and date to go tomorrow - January 23rd of 2009. I am writing a day earlier which I apologize for.

On the letter for Biometrics they request my wife to go there with 2 forms of ID.

She possesses a Slovakian passport and driving license as well as a Birth Certificate and Nevada DL - all with her maiden name.

She also has a SSN card with her Maiden name. She came to the US with a working Visa and that's why she has SSN card and a Nevada ID. The Nevada DL is expired already though and we can't renew it before we receive the working permit which we also applied for.

Also I am not sure if I mentioned that when sedning all documents for adjustment of status to the USCIS we filled them out with her new last name, and of course we stated her Maiden name everywhere as requested. On the Biometrics letter the name they show for my wife is also the new name (because we decided to file everything with the new name).

My question:

So are we going to have a problem when we both go tomorrow to the biometrics appointment and she shows the biometrics letter and 2 forms of ID with different last names (it says "Bring this letter and show 2 forms of ID.")?

P.S. I found a case like ours. A friend of mine got married to a Macedonian girl. She took his last name and they filed all documents with the new name just like me and my wife did. When they went to the Biometrics - they encountered that problem with the different last names. My friends showed their Marriage Certificate and the husbands ID and they let the wife take the Biometrics. They told them if they didn't show them the Marriage Certificate and the husband's ID they wouldn't let her take the Biometrics. So that's what is needed I guess. Bit nowhere on the USCIS website this situation is stated. I think in most cases people file with the old name and the wife changes her name after she gets the Green Card or sometimes during the Naturalization process. Almost nobody does what me and my wife did, and my friends of course.

What do you think about this situation? Have any of you had same problems and what should I be prepared for? I will definitely go to the biometrics with my wife and all forms of ID and the Marriage certificate. Should I still expect some trouble? And how about the interview later. Should we expect problems during the interview?

Thank you all for the time you took with this letter.

[extrajay 0]

I am editing the text as I made some mistakes , for example I messed up the phrase Marriage License and Marriage certificate a couple of times.

After revising the whole text here is the correct new one.

Please disregard the first one and only consider and reply to this text below:

Here is the situation.

I am an American citizen and my wife is from Slovakia. I sent all documents (for both I-131 and I-485 applications together) to the office in Chicago this December for Adjustment of Status (Green Card).

We got married in July.

We live in Las Vegas, NV.

We also got married in Las Vegas, NV.

And you know how it works:

1st you have to obtain a Marriage License document to have the ability to legally wed in any chapel in the state,

2nd after the wedding you apply for and receive a Marriage Certificate stating both the husband and wife's names and the date and place of marriage as well as best made and best man's names and the name and signature of the Official performing the Marriage (Administer, Pastor, or other depending on religion or in case of nonreligious wedding).

The problem starts with NEVADA law - the law says when obtaining a Marriage License document the wife has to write her LAST official name in the Marriage License application - that means if it is a 4th marriage for the wife, she has to write the 3rd name she has used if she had previously changed her name 3 times. If not the last used........or the maiden name, but never write the new Last name of the current husband......anyways...

in my case both me and my wife got married for the first time and she had to write her maiden name in the marriage license application.

Also after the wedding you get a Marriage Certificate - in that Certificate, of course, the name of the wife is the same stated on the Marriage license application.

So now we have a Marriage Certificate with her maiden name. This is very common for Nevada residents.

But in other states I know you can request the new last name to be shown on the certificate. In Nevada you can't.

So how then the wife can obtain all her documents with her new last name.

The Law says that the wife has to go to the Social Security Administration first and show the Marriage Certificate and 2 forms of ID which of course can be with her old name - they are needed only to recognize the person by the photos on those IDs. So then she will fill out a SSN application where she will state her maiden name (and I am not sure if she has to state other names used in case of more marriages) and the new name. And voila - in 2 weeks she will get the new SSN card, and after that she can change Driving License and/or ID and then the rest of her documents.

All this works fine if both husband and wife are American.

But nobody says what will happen if the wife is in process of obtaining a Green card.

You cannot request a SSN card before receiving a Working permit in case of Adjustment of status like the case with my wife.

Before receiving the working permit my wife has to go the a biometrics appointment.

We received the letter for Biometrics and date to go tomorrow - January 23rd of 2009.

I am writing a day earlier which I apologize for.

On the letter for Biometrics they request my wife to go there with 2 forms of ID.

She possesses a Slovakian passport and driving license as well as a Birth Certificate.

She also has a Nevada DL and a SSN card both with her Maiden name. She came to the US with a working Visa and that's why she has SSN card and a Nevada DL. Both IDs are invalid I think (correct me if I am wrong) because the Nevada ID was issued for only 1 year and that year expired already, and the SSN card should be also invalid because she is in the process of Adjustment of status. She can't obtain new ones as I mentioned earlier before she receives the Work Permit but before that we need to go to the Biometrics appointment , so it all sound like a closed circle, and please correct me if I am wrong somewhere.

Also I am not sure if I mentioned this but when sending all documents for adjustment of status to the USCIS we filled them out with her new last name, and of course we stated her Maiden name everywhere as requested. On the Biometrics letter the name they show for my wife is also the new name (because we decided to file everything with the new name).

My question:

So are we going to have a problem when we both go tomorrow to the biometrics appointment and she shows the biometrics letter and 2 forms of ID with different last names (it says "Bring this letter and show 2 forms of ID.")?

P.S. I found a case like ours. A friend of mine got married to a Macedonian girl. She took his last name and they filed all documents for Adjustment of Status with the new name just like me and my wife did. When they went to the Biometrics - they encountered the same problem with the different last names. My friends showed their Marriage Certificate and the husbands ID and they let the wife take the Biometrics. They told them if they didn't show them the Marriage Certificate and the husband's ID they wouldn't let her take the Biometrics. So that's what is needed I guess. But nowhere on the USCIS website this situation is stated. I think in most cases people file with the old name and the wife changes her name after she gets the Green Card or sometimes during the Naturalization process. Almost nobody does what me and my wife did, and my friends of course.

What do you think about this situation? Have any of you had the same or similar problems and what should I be prepared for? I will definitely go to the biometrics with my wife and all forms of ID and the Marriage certificate. Should I still expect some trouble? And how about the interview later. Should we expect problems during the interview?

Thank you all for the time you took with this letter.

[Dakine 26]

Take her IDs with her maiden name and your marriage license

Edited January 23, 2009 by Haole

[Kez/JWolf 6]

Her Passport and your Marriage Certificate is all that is needed, her Greencard will be in whatever name you put on the forms you submitted. She will also be asked at the Biometric appointment to check the name on the screen for errors. So she just has to make sure they have got whatever name she is going to be using.

My Marriage Certificate has my late wife's maiden name on it too, We had no issues with her using my last name.

[extrajay 0]

Hi everybody.

Thanks for the help.

Me and my wife went to the Biometrics appointment today and as everyone suggested we brought the Marriage Certificate.

And that is exactly what they asked for.

They asked for the marriage certificate and her passport. She also filled out a sheet in which she stated her old last name name (under section "Other names used") and her new last name.

There was no problem at all.

Thank you all for the time you took with my post.

I will be uploading info for our timelines and if anything updates on our case.