Maiden Name vs Married name

[jrobles25 0]

My wife changed her name when we married, Her passport still has her maiden name. All the paperwork we have been doing uses her married name. Will that pose any problems for us come interview or NVC review? It is too late in the process to get a new passport because it has to be at least 6 months old. Is there something we should be doing in lieu of this issue?

[apple21 953]

She can get a new passport ofcourse. The 6month remaining validity is for travel purposes. If she continues to use the maiden passport then her visa will be in the maiden name too because they follow the name in the passport. If visa is maiden name, the GC will be maiden name as well. All 3 must have same names: passport = visa = GC

[Katyusha.russia 12]

Get new passport

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/interview/applicant_interview.html

"...Passport – For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States"

[NikLR 13,227]

Visa in passport name, green card in visa name.

The passport doesn't need to be 6 months old, it needs 6 months left on it.

[RWD 2]

Get an updated passport for your wife with the married name. If your wife plans on using her married name in the US it will make it much easier instead of having to go through the hassle of name change.

[jrobles25 0]

Well would it be a problem to just use the maiden passport? She's about to send me the birth, marriage, and certificate of no judicial... It will take a while for me to get her the $ for the new passport. It will delay my IV package considerably. What can I do will that cause a problem if I filled the paperwork with married name because that's what's on all her paperwork including cedula, marriage?

[mallafri76 1,012]

How did she change her name? Was it just her deciding my name will now be this or did she have it officially changed? I don't know your country specifics but in Sweden, when I officially changed my name to my husband's, I had to get a new driver's license, passport etc and the Swedish register, including the tax office, was updated to my new name. Having it officially changed means that her old name cease to exist, there is no person named that anymore. So yeah, I definitely think that if she has changed her name officially, then you need to get her a new passport. If it's changed unofficially, she can always change her name in the US for a fee, but that means getting a name change on the green card, her passport, her social security card, her US driver's license. Seems much easier and cost efficient to change it prior to her green card being issued.

[NikLR 13,227]

How did she change her name? Was it just her deciding my name will now be this or did she have it officially changed? I don't know your country specifics but in Sweden, when I officially changed my name to my husband's, I had to get a new driver's license, passport etc and the Swedish register, including the tax office, was updated to my new name. Having it officially changed means that her old name cease to exist, there is no person named that anymore. So yeah, I definitely think that if she has changed her name officially, then you need to get her a new passport. If it's changed unofficially, she can always change her name in the US for a fee, but that means getting a name change on the green card, her passport, her social security card, her US driver's license. Seems much easier and cost efficient to change it prior to her green card being issued.

Your maiden name should not change so the person you were does not cease to exist unless a country requires you to change your birth certificate after marriage. While it is different in each country, and can differ even within that country, the US recognizes name changes for a married woman and doesn't require a birth certificate change. A married woman can change her name back to her maiden name at any time. Often her maiden name will be on the marriage certificate because that is who she is at the time of the marriage.

[NikLR 13,227]

Well would it be a problem to just use the maiden passport? She's about to send me the birth, marriage, and certificate of no judicial... It will take a while for me to get her the $ for the new passport. It will delay my IV package considerably. What can I do will that cause a problem if I filled the paperwork with married name because that's what's on all her paperwork including cedula, marriage?

You do not need to delay the IV package. The passport should be new by interview. However, she can certainly use her current passport, but her green card will be in her maiden, not married, name.

It's $450 to change the green card after arrival (or you can do it at ROC.) You can get everything else with a married name with the marriage certificate once in the USA but any travel outside the US would mean booking in passport name. Changing the green card but not her passport would mean travelling with her marriage certificate when going outside the USA.

[Sarac 1]

If I have put all the paper work in for the CR! visa to NVC in my maiden name can I change my passport to my married name? Then do I have to tell NVC? Or will they just see it on the passport at the interview?

[mallafri76 1,012]

Your maiden name should not change so the person you were does not cease to exist unless a country requires you to change your birth certificate after marriage. While it is different in each country, and can differ even within that country, the US recognizes name changes for a married woman and doesn't require a birth certificate change. A married woman can change her name back to her maiden name at any time. Often her maiden name will be on the marriage certificate because that is who she is at the time of the marriage.

It is very different from country to country then. In Sweden, and I think in Scandinavia as a whole, a citizen has to report to the Country Register that they want to get married and what name they are using as married. We don't have birth certificates or marriage certificates, it's all electronic with the Swedish register. And once a change has been made in the register, it's automatically changes everywhere else like the tax office, the citizen's bank, rental apartment, ownership of house.... It all changes to the new name. Plus we automatically get a letter from the passport authorities and DMV saying we need to come in to get a new passport and driver's license in our new name. We cannot travel with our old passport because it will come up as expired when scanned at a port of entry.

Very interesting to hear how different it is in different countries. OP, it's probably best that you contact the passport authorities in the issuing country to get the specifics in that country.

[obrakeo 15]

I hope its not the case that I'd need to have my wife get a new passport. From what I understood when I was initially filing at USCIS, both names are included on the form I-130, and they are able to cross-reference from that. I'll have to see if I can find the previous posts, but from what I gathered, going this route saved us from having to pay the fee for the name change in the US.

[Dave&Roza 748]

How much time is left on her current passport? If it is new and has close to 10 years before expiring, then maybe renewing it is a waste of money. If it is going to expire in the next two or three years, or at least before she is eligible for USC, you might want to go ahead and renew it now. If you decide to not change her last name now, she will have the GC in her maiden name. It will be hard to get her DL and any ID in the US in her married name. You will have to wait until you file for removal of conditions (ROC) before you can get the GC in the married name. So she will have to live with the maiden name for a couple of years until she gets and offical document in her married name. Some places will accept the Marriage Certificate as a means to change the last name, but it is much easier with an official government issued ID. How much and how long does a new passport take from the DR? I would submit your application for the visa with the Embassy and also submit a passport renewal for your wife. I bet the passport is ready before she has an interview.

If she really wants to use your last name, why not start using it now? It will not cause any problems with immigration. Her visa wil be issued with the same name as the passport it is placed into. You MAY be able to get teh GC name changed to her married name before it is issued, but that is hit and miss. She will have her GC issued in the name the visa was issued in. Now she is in the US with her maiden name on her passport and her GC. If she wants any ID in the US in her married name, she will have to find someone willing to use the Marriage Certificate as proof. If that Marriage Certificate is not from the US it wil be much, much hard to get her name changed until she has an offical governmentdocumnet showing her new name.

Dave

Edited April 20, 2015 by Dave&Roza

[NikLR 13,227]

I hope its not the case that I'd need to have my wife get a new passport. From what I understood when I was initially filing at USCIS, both names are included on the form I-130, and they are able to cross-reference from that. I'll have to see if I can find the previous posts, but from what I gathered, going this route saved us from having to pay the fee for the name change in the US.

Nope. For adjustment of status you would be okay but that is not the case here.

Visa in passport name

green card in visa name

You can change the passport now

or

you can change the green card after arrival

or

you can wait for removal of conditions and change the green card at that time

[jrobles25 0]

I was just about to fill out the DS260 when they asked about her passport but since we decided on getting a new passport with the married name I decided to hold off I don't want to cause any type of checklist I will just fill it out save and not submit until we get the new passport. What do you all think?