Changing Names...

[Serpent Dragon ZX 6]

I have assembled 2 separate packets to send to USCIS for CR-1. Everything is in order, FINALLY. One packet has my wife listed with her new name, and the other simply has her without any name changes. That includes the G-325A, and the I-130. She planned on getting her name changed later, but we thought we would just skip some steps if possible for later. Some people are saying you can just fill out the forms using her new married name, since it will be accompanying with the marriage certificate to prove we are married and list her maiden name in the "Other names used" section. But my friend who had done the same with his Korean wife said the USCIS sent his papers back about 2 months later to re-do since they basically said the new married woman on his forms does't exist. Kinda got me scared. Hence the reason for making 2 packets. Should I try to change her name later, or not worry about it? Also, we are trying to keep the fact we are married kinda hush hush from her family who she will be staying with when she returns to Thailand while the CR-1 process is over, since we planned on a more traditional wedding next year after all the green card mess is over with. We did what we did to get the 2 HHR waiver, and the visa rolling. Jump start to say. And no, we won't need an I-485 cause her J-1 is about to drop in 2 months, and she will not be remaining in the US to adjust status. She will be returning home until the CR-1 is approved, and come back.

What EXACTLY are the requirements to change your name on the forms, and which ones should I be changing her new name on? We are a little bit lost. Only thing she is worried about, is when she goes back to finish school, she wants to be able to use her maiden name, cause that's how she started. Is this going to be a problem?

[BOS_LHR 829]

From the I-130 instructions sheet:

If either you or the person you are filing for is using a name other than that shown on the relevant documents, you must file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order.

From your post it sounds as though she did change her name when you were married, so all you need to do is provide the marriage certificate as evidence of the name change, along with noting her previous name on your I-130. Everything else can be in her maiden name.

If she didn't register a name change when you were married, you can do all the paperwork in just her maiden name and she can leave it until after she's done with school. You'd need to pay to have her green card reissued in her married name if/when she changes it.