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Ed and Gina

name change question (split topic)

By Ed and Gina in K-3 Spouse Visa Process & Procedures

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Ed and Gina Enthusiast

Ed and Gina   45

Posted
Filed: K-3 Visa Country: Philippines
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Posted

Question about name change for spouse...

We filed the I-130 using her married name...and when we file the I-129F/K3, we will use the same information. However, she has not yet changed her name "legally." The name on her passport is her maiden name. I got conflicting information from three attorneys...two of them said that we could file using her married name and that she can change the name to her married name on the passport at the Embassy at some point during the interview process. Now, an attorney is saying that she has to legally change her name and then the name on her passport - that the name we filed with and the name on her passport must be the same. My wife is in the Philippines. Has anyone run into this?

NikLR Grand Master

NikLR   13,228

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Filed: Lift. Cond. (apr) Country: Canada
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Posted

You can file using her married or maiden name (since the maiden name is put on all the paperwork as "other names used") but her visa and subsequent green card will come in passport name. If she wants her visa and green card in the married name she will need to change her passport.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Ryan H Grand Master

Ryan H   3,818

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Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Posts split from unrelated thread.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Ed and Gina Enthusiast

Ed and Gina   45

Posted
Filed: K-3 Visa Country: Philippines
 Timeline
  • Author
Posted

You can file using her married or maiden name (since the maiden name is put on all the paperwork as "other names used") but her visa and subsequent green card will come in passport name. If she wants her visa and green card in the married name she will need to change her passport.

Thanks! Appreciate it.

 
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