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Filed: K-1 Visa Country: Canada
Timeline

Hi... I am just wondering when in this whole immigration process is it the best time to change ones name? We want to apply for AOS , EAD etc as soon as possible after our wedding (which will still be 7 weeks before the K-1 expires). I was married before and simply added my 1st husband's name to my own and now I just want to drop his name and return to my maiden name - I am not taking my new husband's name. Do I need my divorce certificate from the 1st marriage, or the marriage certificate from the 2nd one as documentation? I would have liked to have changed it before we even started the K-1 process but it would have taken more time and money to re-do my passport than I was willing to give up at the time.

Will there be a hassle if my SSN and new DL are in one name (my maiden name) and my passport in another (my maiden name with 1st husbands name added on)?

I am now ready to spend the $$ and re-do my passport as I want nothing of my ex touching me and my new life. How long should I wait after getting married and applying for AOS, before I change my passport?

thanks

Adjusting from K-1

06/24/11 - mailed AOS/EAD/AP applications to Chicago Lockbox

06/29/11 - received email notification of arrival

08/05/11 - still no word on EAD - no RFE, no NOA... Wondering if this is something to worry about?!

08/11/11 - biometrics apt in Fairbanks (apt letter listed AOS only)

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Filed: K-1 Visa Country: Canada
Timeline

Also... when completing the forms for AOS, EAD etc... must I use the name on my passport which matches my name on the original !-129 petition and K-1 or can I use my "new name" (which in my case will also be my maiden name)?

Hope that all makes sense?!

thanks again

Adjusting from K-1

06/24/11 - mailed AOS/EAD/AP applications to Chicago Lockbox

06/29/11 - received email notification of arrival

08/05/11 - still no word on EAD - no RFE, no NOA... Wondering if this is something to worry about?!

08/11/11 - biometrics apt in Fairbanks (apt letter listed AOS only)

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This is one of those age old questions. For my fiancee and me, we are thinking about having her keep her madian name until she applies for citizenship. After that you can change your name without the cost of having to change the GC. The one compelling reason to use her madian name is for traveling. Just keep in mind that the name on the travel documents must match the ID used while traveling. My fiancee just renewed her passport and it is valid until 2020 and is in her madian name. If her GC is issued in her married name, she may have some problems re-entering the USA unless she carries the marriage license--what a PITA.

For your situation, if you really want to remove any remaining signs/ties of you ex, I would see about getting your passport changed and then have the AOS and GC issued in the name on the passport. For documentation to the USCIS, I would include you divorce decree along with the required marriage certificate just to help the person working on your case connect the dots as to the name you want to use. The main concern about having multiply IDs with different names is to use the correct one when traveling so the name of the travel documents matches the ID being used.

Just my $0.02 worth.

Dave

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Filed: Citizen (apr) Country: Australia
Timeline
Hi... I am just wondering when in this whole immigration process is it the best time to change ones name? We want to apply for AOS , EAD etc as soon as possible after our wedding (which will still be 7 weeks before the K-1 expires). I was married before and simply added my 1st husband's name to my own and now I just want to drop his name and return to my maiden name - I am not taking my new husband's name. Do I need my divorce certificate from the 1st marriage, or the marriage certificate from the 2nd one as documentation? I would have liked to have changed it before we even started the K-1 process but it would have taken more time and money to re-do my passport than I was willing to give up at the time.

Will there be a hassle if my SSN and new DL are in one name (my maiden name) and my passport in another (my maiden name with 1st husbands name added on)?

I am now ready to spend the $$ and re-do my passport as I want nothing of my ex touching me and my new life. How long should I wait after getting married and applying for AOS, before I change my passport?

Also... when completing the forms for AOS, EAD etc... must I use the name on my passport which matches my name on the original !-129 petition and K-1 or can I use my "new name" (which in my case will also be my maiden name)?

Your K1 is cancelled the minute you step foot on US soil activating it, the date on it is no longer relevant. You have 90 days to get married, this is your I-94 date.

When you became divorced, your decree is normally also your "name change" document. You could have filed your K1 stuff using your divorce decree as proof of name change back to your maiden... that would have been MUCH simpler :S So now, how do you change from your exes name as listed on your K1 stuff, to your maiden name. You need a trail of name change to make it work later on...

For AOS, you can list your maiden name on forms as the name you want on your greencard, no problem there. You would list your exes name in "other names used". Your birth certificate and divorce decree would be proof of that name change. So easy peasy...

The ONLY issue is the marriage certificate and whether you're okay with your exes name on the marriage certificate... It's only when you've change your ID documents that your maiden name is your maiden name again (your GC is one name change thing done).. so i'm not sure if the state you're getting married in will accept your divorce decree as proof that you're not going by your married name, or if they'll insist on your putting your exes name on your marriage certificate because that's what your passport says.

It should be relatively simple when you get married to list your current name (exes name) as your name "before" marriage, and then simply drop the last name to your maiden name (your birth certificate being proof of this).. but then his name is on your marriage certificate. Honestly you'll need to check your state requirements ASAP and whether they'll accept your divorce decree and birth certificate as proof of maiden name (and therefore your "current name") so THAT name is on the certificate... If they go by the passport, you might want to consider a new passport before you get married if you're adamant about your ex not "tainting" anything.

The passport stuff is here: http://www.passportcanada.gc.ca/index.aspx?lang=eng and start the new passport process. Confirm that they will let you keep your old passport with the K1 in it, otherwise you should make photocopies and scans of it now. it says it takes "up to 20 business days" to get a new passport. That's a month.

As for your SSN and DL. They will be in your passport or visa name.. The accept a marriage certificate as proof of name change, but if your name "before" is listed as your exes name, and your married name is different as well... they will only let your get a SSN or DL in your passport name, but once you get your GC you can change your name to that name..

Honestly it's looking more and more like changing your passport ASAP is the best bet.. maybe someone else will have an opinion on it.

Good luck.

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Filed: K-1 Visa Country: Canada
Timeline

Yes... I think changing my passport would be the easiest. I wanted to do it before we filed but I used it to cross every weekend to visit. Anyway... now the question is - when would be the best time to have my passport redone? How long does it take to do from the US? I don't want to risk delaying AOS (we hope to file in early January). Also, I will be flying within the US over Christmas and was counting on using that as my photo ID.

My marriage certificate will have my new name changed back to my maiden name after we are married because that is what we stated when we got the license. I would like to get a SSN ASAP for banking reasons and I would like it to be in my maiden name just so it is one less thing to change. Doesn't sound like that is possible unless I wait to have my passport changed first.

Hmmm...

Thanks everyone.

Adjusting from K-1

06/24/11 - mailed AOS/EAD/AP applications to Chicago Lockbox

06/29/11 - received email notification of arrival

08/05/11 - still no word on EAD - no RFE, no NOA... Wondering if this is something to worry about?!

08/11/11 - biometrics apt in Fairbanks (apt letter listed AOS only)

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