Can my wife change her name while my GC application is pending?

[spasrija 0]

Hi,

My wife is a US citizen and we got married a few months back. I am on an H1B in the US and about to file my family-based GC application. At the same time, my wife is interested in changing her last name.

At present, she would need to change her name and get a new passport showing her married name while my GC application is pending, as we plan to travel outside the country in the summer. That being the case, is it okay for us to use her existing passport, which only has her maiden name, when we file the GC application? Would it be a problem if she got a new passport, with her married name, before my application is approved?

Ideally, we don't want to wait for her name change to be completed on her passport before we file as it would delay the filing process by 6-8 weeks (that's how long it will take for her to get her new passport).

Thank you!

[aaron2020 11,651]

No problem with changing her last name to yours. Boost state allows a married person to take their spouse's last name based on the marriage certificate alone.

[NikLR 13,232]

~~moved to AOS from work, tourist, and student visas from IR1/CR1 process and procedures~~