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vijayr06

Name Change during Marriage

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Filed: K-1 Visa Country: Vietnam
Timeline

Hi,

My fiancee has the desire to add an Americanized name to her first name because the Vietnamese name easily gets butchered and can mean something very bad.

The K-1 has a certain name, and I would think the marriage certificate should have the same first and last name. Is it best to wait after she receives her provisionary Green Card to make any name changes?

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from K-1 Process forum to the "Moving to the US & Your New Life" forum, as a better fit for this topic. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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She pretty much cannot legally change her name until she naturalizes. However at work she can ask to be called by a nick name and you two can introduce her as the nick name as long as any legal documents have her actual name on it.

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

 

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Thank you so much for your reply. When you mean naturalize, is that in reference to the provisionary Green Card or permanent Green Card?

That is in reference to becoming a citizen. She cannot change her first name on the green cards and neither of which are provisional. There is the conditional green card which is only conditional because you have to prove you either entered the marriage in good faith if you get divorced, or have lived as a married couple after 2 years of being an LPR. Or there is a green card, which is not permanent but needs to be renewed every 10 years.

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

 

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Filed: Citizen (apr) Country: Mexico
Timeline

A last name can be changed through marriage and the marriage certificate would act as the legal name change document for that. If she wants to change her first name, then she would need to file for a name change through the courts. Check your state laws. You don't have to wait for naturalization to legally change the name. You can most likely change your name through the courts whether you are a permanent resident or USC. If she waits for naturalization though, then she won't have to pay a court fee to change it as you can change your name when you naturalize.

If she wants to take your last name after you are married, then she can just start using the new last as soon as you marry. Fill out all the AOS paperwork using her new married last name and list the maiden name where it asks for maiden or other names used. The family/surname you use on the forms is the name the EAD/AP and green cards will come with.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: K-1 Visa Country: Vietnam
Timeline

Thank you, very solid information. I was worried if K-1 had 1 name and marriage certification had a different name....if that caused some issues.

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Filed: Citizen (apr) Country: Mexico
Timeline

No, no issues at all. That is exactly how it works. Many states do not list the name after marriage on the marriage certificate. It still acts as the legal name change document for changing your last name through marriage. You will provide a copy of your marriage certificate for AOS. They see it many times a day and know the K-1 entrant will have gotten married and most likely have changed their name.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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