which last name should my wife use as the petitioner?

[Simmy 3]

Hiya,

Unlike other posts on this on the forum, the husband (myself) is the one immigrating (via AOS from visitor visa), not the wife.

We're getting married on Tuesday. We were asked to choose a last name for my fiancee, and she's choosing to take on my last name and retain her former last name as a middle name.

Choosing the last name change at the courthouse in Oregon doesn't actually change her last name -- it simply sends that information to the DMV and social security, so that when she calls them to have her name changed, it serves as authorization.

So when filling out the I-130 and I-485, I'm unclear whether to use her original last name, or her new last name. Her original last name will appear on all documents, such as passports and birth certificate. Her new last name will only appear on the marriage certificate, if I understand correctly.

Can anyone tell me simply, which of her names we are to use for the paperwork?

Thanks,

Simmy

[justashooter 430]

she should use her legal name, which would be her birth certificate name, or married name if she has one from a previous marriage. she should list her new married name (assuming she changed it to your last name) in the alias section of the forms.

[Simmy 3]

Awesome! Thank you so much!

[VanessaTony 3,567]

Unlike other posts on this on the forum, the husband (myself) is the one immigrating (via AOS from visitor visa), not the wife.

We're getting married on Tuesday. We were asked to choose a last name for my fiancee, and she's choosing to take on my last name and retain her former last name as a middle name.

Choosing the last name change at the courthouse in Oregon doesn't actually change her last name -- it simply sends that information to the DMV and social security, so that when she calls them to have her name changed, it serves as authorization.

So when filling out the I-130 and I-485, I'm unclear whether to use her original last name, or her new last name. Her original last name will appear on all documents, such as passports and birth certificate. Her new last name will only appear on the marriage certificate, if I understand correctly.

Can anyone tell me simply, which of her names we are to use for the paperwork?

Just to confirm, is she keeping her maiden name as ANOTHER middle name? Or is she removing her old middle name? Reason being, a marriage certificate is only used to change her LAST name. There are some marriage certificates (like in Iowa) which have room to change your ENTIRE name only if you write it on the form. Otherwise it's not a legal change.

Please check your state requirements as there was a woman who got into trouble when it came to naturalisation and could not provide proof of a LEGAL name change (she changed her middle name just like your wife is planning). She had all her paperwork (drivers licence, SSN etc) in her "made up" name and encountered a lot of issues. I believe her options included changing it all back to her REAL name (i.e. no middle name change), or actually getting a court order to change it.

You are permitted to change name during naturalisation but her issue was ALL her forms, all her ID were in a "fake" name and they wouldn't accept it. I believe she had to change it all back and re-file in her REAL name and apply for a name change to the name she wants (middle name change).