Using Married Name Vs. Maiden on Petitions

[Philomena 0]

Hi Everyone,

I was wondering if one is able to use their married name on a petition even if all their identification, passport, and other documents of proof are still in the maiden name, and in the process of being changed? I thought that the marriage certificate is what gives a wife the right to use her spouse's name, but I don't want to take a chance in getting an RFE. I'm mailing the CR1 tomorrow, and just need to clarify this one last thing. Thanks!

Last Goodbye (A Jeff Buckley Fan)

Edited October 23, 2009 by Last Goodbye

[Inky 1,111]

Your correct it does give her the right to use the spouse's name all she has to do is bring the marriage certificate with her to places to get her name changed on ID's or mail copys to credit card companys asking for the name to be changed on the card etc.

If you file AOS with her maiden name then she will be stuck with a green card in her maiden name and have to wait and possibly pay to change it!! file with her married name if she is taking your married name.

All of my things have been changed but not my passport so far, as it costs 90$ to change that and I would rather not mail my I-94 off to canada before my AOS interview if I get one ha. All you have to do is carry your marriage certificate with you if you have AP to prove marriage when you use AP to travel etc.

[christeen 966]

That is not how I understood it... From my understanding, when filing for CR1 you must legally file for her name to be changed and the Green Card will be issued under the name in her passport. If you want the GC to be issued under her married name, she must change her passport... Plus, for airlines and the POE, if the name in the passport and the GC/visa name do not match, so she might not be able to fly and the POE officers will have an issue with all her documents done with one name and her passport with a different name...

Perhaps others who have gone though this can ring in??

Dont forget to take a moment to fill in your timeline Please....

[Bethany 1]

I changed everything very quickly before filing, to make sure everything went smoothly. I had my passport change rushed and sat at the SSN as soon as I came back. Once those were changed, I was able to use them for changing everything else. I don't know what will happen if you take longer, but for me, I wanted to make sure nothing I did would slow processing. Good luck!!

[Darnell 8,479]

Check the passport, now. Use that name when filing the I-130, now.

If ya want the female spouses name changed to reflect the 'married name' - suggest ya do it right after the beneficiary comes to USA.

If this 'name change' is for a USC, it's gonna be a PITA to get everything changed - doable - but a PITA.

The thing that bothers me about this - is that you have to show proof of a bonafide relationship for initial I-130 filing - and part of that is the proof that that USC (is female? I can't figure it out, yet ) went to Morocco, has copies of passport pages, passport stamps, ticket stubs, hotel receipts, etc etc - are in the PASSPORT NAME.

Anyway - that's my 2 jiao - feel free to rebut or toss..

Edited October 23, 2009 by Darnell

[Philomena 0]

Thanks everybody for the input! I should clarify that I am the USC, and my husband is the Beneficiary. So, I was asking about the practicality of using my married name to file, since I'm in the process of changing it. However, it's true that my passport, and all of my evidence/proof is under the maiden name, so perhaps I should file under the maiden, though there is a place on the petition to specify one's maiden name. Thanks again guys!