I-130 Surname update!?

[fbadshah 0]

Hello Everyone,

I am a US Citizen living in USA and I got married in India to an Indian citizen on 11/19/13. I filed the I-130 in Jan 2014 with her surname. My wife already had a passport with her maiden name before we got married. My question is, Is It necessary for her to change last name (as most do after marriage) in passport? (From what I heard, its common for the wife to take the husband's surname in India)

If she does not change her last name,

1) Will there be an issue if her last name does not match on the I-130 with her updated passport name?

2) Will she get a green card under her maiden name when she comes to United States?

3) Are there any major disadvantages for not changing her last name at this point of time? ( I was thinking of having her name updated now in her passport - even if the last name used on the i-130 doesn't match.)

Please advise! Thanks for your help!

[JA_Martinez 81]

Your application should reflect her legal name, passport needs to be updated. I sent our petition in with a copy of my passport before my name got changed on it. All other documents should be consistent.

[fbadshah 0]

Your application should reflect her legal name, passport needs to be updated. I sent our petition in with a copy of my passport before my name got changed on it. All other documents should be consistent.

Okay, yeah on the i-130 i used her full legal name, as it was listed on her birth certificate.

So when it comes to NOA stage 2, do I continue to use her legal name? I heard that you can include her married name when filing the documents in this stage.

When should i have her update her passport to her married name?

Thanks JA_Martinez!

[JA_Martinez 81]

Be certain youre using her correct "legal name" as your wife, whatever name she is using legally goes on all documents. The only place where you should be concerned about her birth name is where they ask for that, unless her birth name and name she is carrying now is the same. You do need to get the passport updated so you have that for the nvc (right behind noa2).

[JA_Martinez 81]

Regarding NOA's.....noa1 is the USCIS telling you they received your I-130 petition. Noa2 is their notice to you that your I-130 petition has been approved. Neither are a "phase". After the petition is approved and you get the noa2 saying so, your "case" will be transferred to the NVC. NVC processing is the actual processing of the Visa application. then assigns your new "case number" that will be permanant for your visa. You will get a ton of direction from the NVC and a whole list of civil documents you need to send....all originals....you get them back during the interview

[fbadshah 0]

Be certain youre using her correct "legal name" as your wife, whatever name she is using legally goes on all documents. The only place where you should be concerned about her birth name is where they ask for that, unless her birth name and name she is carrying now is the same. You do need to get the passport updated so you have that for the nvc (right behind noa2).

Hmm I'm a bit worried. I was going with the understanding that I would list her name as seen on her birth certificate on the I-130. However, i want her to have her name changed to the married one. I don't know how USCIS/NVC may look at it, but I found out recently that the wife takes the husband's surname in India.

What should I do? Should I call USCIS and let them know to change her name to the married name? Ultimately, I want her married name to be her legal name.

Thanks

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.