Name Question + Criminal History Question

[Mrs.Wells 0]

Hi all - I have exciting news, my husband and I have decided to live in the U.S.!

He is English and currently living in England, I am American and live in Georgia but am visiting England at the moment. We are trying to get everything in order to start the visa process before I return home. I have three questions, and insight would be wonderful.

1. I'm not sure what name I should put at the petitioner. For example - lets say I was born Jessica Kate Mayer and my passport and birth certificate both reflect this. Then last year in October of 2009 I legally changed my name to Katie Hugh in order to share my step fathers last name(fully dropping the Jessica). I did not get my passport changed. I then got married and my name is now Katie Hugh Wellington. I would like to eventually get my passport changed to Katie Hugh Wellington but don't have the funds at the moment and am passed the 1 year free name change timeline. So what name so I put on all the forms and do I need to include my October 2009 name change in order to understand the drastic change from starting out as Jessica Kate Mayer and ending up as Katie Hugh Wellington?

2. I am currently facing a criminal charge that I expect to be fully dropped - it is a felony. I am awaiting court which is part of the reason my husband has decided to come to America as I am stuck in America until all of the legal/civil trials conclude. Will my arrest affect my husbands chances of entering the U.S.? He has no record himself.

3. Can I apply to any USCIS service center or does my location limit me to a certian one? I'm sorry if this question has already been answered - I looked but didn't see it however Visa Journey has so many pages that I assume it was over looked.

I'm so excited to have found this community. Thanks so much for your help!

[JoannaV 174]

Hi all - I have exciting news, my husband and I have decided to live in the U.S.!

He is English and currently living in England, I am American and live in Georgia but am visiting England at the moment. We are trying to get everything in order to start the visa process before I return home. I have three questions, and insight would be wonderful.

1. I'm not sure what name I should put at the petitioner. For example - lets say I was born Jessica Kate Mayer and my passport and birth certificate both reflect this. Then last year in October of 2009 I legally changed my name to Katie Hugh in order to share my step fathers last name(fully dropping the Jessica). I did not get my passport changed. I then got married and my name is now Katie Hugh Wellington. I would like to eventually get my passport changed to Katie Hugh Wellington but don't have the funds at the moment and am passed the 1 year free name change timeline. So what name so I put on all the forms and do I need to include my October 2009 name change in order to understand the drastic change from starting out as Jessica Kate Mayer and ending up as Katie Hugh Wellington?

2. I am currently facing a criminal charge that I expect to be fully dropped - it is a felony. I am awaiting court which is part of the reason my husband has decided to come to America as I am stuck in America until all of the legal/civil trials conclude. Will my arrest affect my husbands chances of entering the U.S.? He has no record himself.

3. Can I apply to any USCIS service center or does my location limit me to a certian one? I'm sorry if this question has already been answered - I looked but didn't see it however Visa Journey has so many pages that I assume it was over looked.

I'm so excited to have found this community. Thanks so much for your help!

1) If you legally changed your name to Katie Hugh Wellington then that is the name you will use. I don't know if your marriage is sufficient to make your name change legally from Katie Hugh to Katie Hugh Wellington; depends on the state I think. Yes include the name change, else they won't be able to link you with your proof of US citizenship!

2) If you end up convicted of some kind of violent/sexual crime then that can have ramifications. Otherwise, it should be ok.

3) You will send off your petition (I-130 et al) to Chicago, and they will then forward it to the correct service centre. The address is in the instructions for the form. (USCIS P.O. Box 804625 Chicago, IL 60680-4107)

[Mrs.Wells 0]

Thanks for your help. I think my name was legally changed as the marriage application stated it would be (married in New York) but when I return to Georgia and file for my ID and SSN change I guess I will know.

[IndigoSkies 168]

You should use your current legal name. And get your passport change as soon as possible. Make sure you include a letter of explanation for your varied names along with your I130 application. I'm sure you got some sort of proof for the name change. Include copies of that.

Welcome to VJ. How's London now? Cold 'n' cloudy, as always?

[babybyrd 0]

Mrs Wells

With regard to the criminal record question

I am in the cr1 process - I am the ukc and my partner, the usc, is the one with a criminal record - it is for a violent crime. I asked on two immigration forums for advice regarding his record and whether it would affect my entry into the US. At the time I was advised that they (USCIS) would be more concerned if it were the benficiary who had the record and that in the case of it being the petitioner who has the criminal history - they will probably want to ensurse that I know all the details and am fully aware of it but that other than that it will probably have little effect.

Of course I cannot tell you how accurate that information is until I have my visa in my passport : ) and every case is unique - but I hope a) that your charges are dropped and or b) that they cause you no issues

Edited October 4, 2010 by babybyrd

[Nik+Heather 121]

When I sponsored Nik's adjustment (which I know is a slightly different process) I looked into whether or not I could use my married name on the support forms - and the answer is YES.

In fact, since you are married, and you are using a combination of your previous legal name and your husband's name, in most places the marriage certificate is proof of a legal name change. You're correct to say that the SSA will be sort of the proof in the pudding, as it were. Also, while I was researching name changes and how to deal with discrepancies between my ID and my name, I discovered that you can use your name(s) at will, so long as your purpose is not to defraud. (ie, you cannot say "Why, I think you have made some mistake, my name is Katie Wellington, I don't know who this Kate Hughes person is!") For example, since all of my airline loyalty programs and my passport are all still in my maiden name, when I travel, I travel under that name and use my passport, even for domestic flights. In everything else (banking, work, taxes etc) I use my married name.

You'll document all of this with the proof of your name changes (court order & marriage certificate) and also be sure to list all of them under the fields for "previous names used". Use your married name anywhere that it asks for just "name"

Edited October 5, 2010 by Nik+Heather