I-129F Proof of Name Change

[naalite 4]

My fiancee was married and is now divorced. She kept her married name. On all documents submitted, she used this name. The only place her former name shows up is in the G-325a under "Other names used."

Would this case require proof of her name change for the I-129F?

[KayDeeCee 4,893]

The instructions state> "c. If either you or the person for whom you are filing is using a name other than that shown on the relevant documents, you must submit copies of the legal documents that made the change, such as a marriage certificate, adoption decree, or court order."

Since the birth certificate of the foreign fiance(e) is not submitted with the I-129F petition, I do not believe any other documents of name change are needed, especially since you must provide a copy of her divorce decree anyway.

Edited October 8, 2015 by KayDeeCee

[naalite 4]

That's how we interpreted it also. I wasn't sure it was worth risking a RFE over.

[pmiklos 2]

I came to the same conclusion as well, however, it would be still nice to hear someone who actually submitted the petition without the name change evidence in similar situation and it still got approved.

I called the customer service center hoping to be able to ask this question, but that phone menu!! Argh, I couldn't find any menu which is for asking questions regarding forms.

[naalite 4]

I totally agree that it would be nice to hear from somebody who has been through this. We have decided to get her marriage certificate, but we aren't sure how long it will take her until tomorrow. Without hearing about any experiences with this specifically, we have decided to err on the side of caution.

Either way, I know that she will have to have this document come interview time. But with this being the only document we are waiting on, if they make us wait for it, it could be a painful wait.

[pmiklos 2]

btw, if I may ask, did you write out her full former name or just the family name in the "All other names used"? If you put full name, in what order? Family Name Given Name? Or the other way around? Such a badly formulated question this one is.

[naalite 4]

We used her full former name. Family Name, Given Name

[pmiklos 2]

I just realized the form I-129F also contains an "Other Names Used". I ignored that earlier as I thought that is applicable of other names used in the application. But likely it is for other names used legally in the past. In the fiance(e) section they added a remark "(Including maiden name)" so I guess they just forgot to put that on the petitioner section.

Now I am getting nervous if we fill in that section in the I-129F, then we have to submit name change proof too, which we don't have at the moment. Would it have been so difficult to mark the questions with an icon or something which requires evidence or supporting document? Or provide complete instructions. Meh!

[pmiklos 2]

The instructions state> "c. If either you or the person for whom you are filing is using a name other than that shown on the relevant documents, you must submit copies of the legal documents that made the change, such as a marriage certificate, adoption decree, or court order."

Since the birth certificate of the foreign fiance(e) is not submitted with the I-129F petition, I do not believe any other documents of name change are needed, especially since you must provide a copy of her divorce decree anyway.

"relevant document" here means supplemental documents in addition to the forms, right? So far this is how I understood, but you never know.

[KayDeeCee 4,893]

"relevant document" here means supplemental documents in addition to the forms, right? So far this is how I understood, but you never know.

What other supporting document are you providing with the I-129F? Yes, it asks for other names used, including maiden name, so that is where a maiden name would be listed. The divorce decree must be sent with the I-129F petition, so that would show why the name was changed. Birth certificate for the foreign fiance(e) is not required with the I-129F.

If anyone wants to go ahead and send other documents showing how the name change happened, such as the marriage certificate along with the divorce decree, then they can. I just don't think it is absolutely necessary to do so. This question has come up in the past a few times and it not being needed in this case is usually the conclusion.

If it was the USC petitioner that had changed their name through marriage, then they would indeed need to show the marriage certificate along with their divorce decree to show how the name change happened because they must include a copy of their birth cert. or passport to prove citizenship. They need to show the 'name trail'.

[Ash.1101 1,756]

I'm USC and I didn't have to show a name trail. You only have to show name change if the name is different then what you are showing in the documents, so if I recently changed my last name to Smith and that is legally my last name now, but everything I sent showed that my last name was Murphy because that's what it was, I would need to prove that my last name was changed from Murphy to Smith.
If I had court records, and a divorce decree all under Murphy, but I'm saying my last name is now Smith, THAT'S when I have to send in proof of name change, because everything I'm sending them does not match what I'm telling them my last name is.

In my case, The only thing I had showing my maiden name on ANY documentation for the I-129F was my Birth Certificate, everything else had my married name, including divorce decree (obviously).

The form I-129F also asks for your social security number for the USC, which they most likely look up to make sure there aren't any additional name changes since you change your social when you change your name.


With that said, if all relevant documentation shows your fiances married name, then you don't need to prove name change. If you're using multiple last names throughout the packet OTHER than "other names used", such as court records, divorce degree, etc not matching what your current last name is, then you should show documentation as to which one is your current legal name.


If at no point your fiance goes by another name in terms of paperwork OTHER than the "other names used", then you do not need to show her name change, as all relevant papers show her current legal name.

Edited October 19, 2015 by Ash.1101

[pmiklos 2]

If it was the USC petitioner that had changed their name through marriage, then they would indeed need to show the marriage certificate along with their divorce decree to show how the name change happened because they must include a copy of their birth cert. or passport to prove citizenship. They need to show the 'name trail'.

It is the US petitioner that had changed her name through marriage in our case. However, the passport and the divorce certificate shows only the changed name and never the original. We don't submit birth certificate she sends passport in place of it. So her maiden name doesn't show up anywhere else but in this "Other Names Used" field. Cannot they just look her up in whatever US governmental computer system if they want to know the name change?

[Ash.1101 1,756]

It is the US petitioner that had changed her name through marriage in our case. However, the passport and the divorce certificate shows only the changed name and never the original. We don't submit birth certificate she sends passport in place of it. So her maiden name doesn't show up anywhere else but in this "Other Names Used" field. Cannot they just look her up in whatever US governmental computer system if they want to know the name change?

You'll be fine, The petition asks for social security number and that ties to all names and alias used.

As I said in the post above, I only sent a copy of my birth cert and my divorce decree for "official" documents in the I-129F. No RFE or anything like that, I had also sent in my marriage cert from previous marriage to my fiance if he needed it at his interview and it wasn't needed.

The only time you'll need to prove name change is if you're sending in official documents with the name not matching what you're claiming it is. Again, like if court records or police records or such have a different name then you would prove name change to tie those court records or police records to you.

Think of it as this: "Your name is Marcy Jones?" "Yes" "May I have any court or police records" "Yes, they're under Marcy May" "Do you go by Marcy Jones legally?" "Yes" "Proof of name change please."

Now if all the names are the same: "Your name is Marcy Jones" "Yes" "May I have any court or police records" "Yes, here you go, they're under Marcy Jones" "Thank you"

There is no need for a paper trail tying them together if they are already tied together.

If everything you're sending is under the same name then you do not have to prove name change, if you're sending things showing different names, OFFICIAL documents OTHER than what's on the I-129F, then you need to show which one is your current legal name.

Edited October 19, 2015 by Ash.1101

[KayDeeCee 4,893]

It is the US petitioner that had changed her name through marriage in our case. However, the passport and the divorce certificate shows only the changed name and never the original. We don't submit birth certificate she sends passport in place of it. So her maiden name doesn't show up anywhere else but in this "Other Names Used" field. Cannot they just look her up in whatever US governmental computer system if they want to know the name change?

They most likely can and will know who you are, BUT... you can never assume things with immigration. You should always send what they ask for and sometimes you need to 'hold their hands' and point things out to them.

You can probably file and not submit a copy of the prior marriage certificate to show the paper trail without receiving an RFE. I had kept my name from my first marriage, so I provided a copy of the marriage certificate to show why and when my name changed from the maiden name shown on my birth certificate. If using a passport to prove citizenship, then no documentation with the maiden name will be sent in, so perhaps the extra name change documentation is not needed, just as with the foreign fiance(e).

The instructions state> "c. If either you or the person for whom you are filing is using a name other than that shown on the relevant documents, you must submit copies of the legal documents that made the change, such as a marriage certificate, adoption decree, or court order."

[~Alessa~ 26]

Hello everyone! I read this thread and correct me if I'm wrong: So, if I am a beneficiary and I changed my name 10 years ago (not because of marriage, just my own will). Everywhere I have the same (current) name, my petitioner doesn't have to attach my documents (certificates of name change) to petition I-129f?

I am planning of bring all of my documents at interview and I want to point it out on the attachment sheet. I just put "see attachment" to my g-325a form and listed my previous names and little explanation saying that I changed name by my own will.

Edited December 7, 2015 by ~Alessa~