Changing to Married Name through AOS and EAD

[Mike and Adriana 0]

My wife is from Colombia and is currently residing there while we wait for our K-3 petitition to get sent from California to the NVC and then to Bogota.

She would like to take my last name. We talked about her doing it legally in Colombia, but then she would have to change her passport and her "cedula" (national ID) and it would take many months (more months than she will probably be in Colombia). Further, we filed both the I-130 and the I-129F using her maiden name.

So, after thinking about it and getting some feedback from the board, we decided it was best to wait until she goes to the U.S. Changing her name here will be easy for most things...since we have a marriage certificate.

However, my question has to do with the visa and the eventual EAD and AOS. Since I am trying to learn (and I still have a lot to learn), I thought I'd ask if anyone has been in this situation and, if so, what advice you might give us.

Obviously, when my wife arrives in the U.S., she will have a passport and a K-3 visa in her maiden name.

Once she is here, the plan is to file the EAD and for AOS using her married name (my last name). Once the EAD is approved, she will apply for a social security card in her married name.

Does this sound right? Has anyone had any problems given that the American ID has one last name and the passport and visa list the maiden name? Anything we need to consider or worry about? Is it a problem that she will file for EAD and AOS with her married name...but the I-130 included her maiden name? If so, is there anything I can do to change the name on the I-130?

Also, one other question. Obviously, the way things are going, none of us know for sure whether we'll still have the option of going back to the embassy to interview for the IR-1/CR-1 or whether we will absolutely have to go through the AOS process (i.e, the NVC will stop processing the I-130 if it knows a K-3 is active). So, my thought is to perhaps pursue the EAD right away and hold off on the AOS until we see what happens. IF my wife can go back to Bogota to interview for the IR-1/CR-1, the I-130 includes her maiden name. So, not only will her passport and original K-3 visa contain her maiden name, but so will whatever document she receives if she successfully completes the IR-1/Cr-1 interview process (green card?). If all of these documens use her maiden name, how can we then use her married name for documents such as her social security card? Any idea?

I am sorry that is such a long and confusing e-mail....but I thought someone might be able to give us some insight.

Thanks,

Mike and Adriana

[Kez/JWolf 6]

Once she is here and you file for AOS if you go the route then you just need to file using the last name she wishes to use... it does not matter that her petition was filled in her maiden name...

Good Luck

[Yodrak 7]

Mike and Adriana,

It wasn't any problem for my wife. One difference was that I petitioned for her under my surname, but as Niagaenola points out that doesn't matter.

Yodrak

My wife is from Colombia and is currently residing there while we wait for our K-3 petitition to get sent from California to the NVC and then to Bogota.

.....

we filed both the I-130 and the I-129F using her maiden name.

.....

...

when my wife arrives in the U.S., she will have a passport and a K-3 visa in her maiden name.

Once she is here, the plan is to file the EAD and for AOS using her married name (my last name). Once the EAD is approved, she will apply for a social security card in her married name.

Does this sound right? Has anyone had any problems given that the American ID has one last name and the passport and visa list the maiden name? .....

Thanks,

Mike and Adriana

Edited December 1, 2006 by Yodrak