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Name change

By R&OC in IR-1 / CR-1 Spouse Visa Process & Procedures

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R&OC Rising Star

R&OC   370

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Filed: IR-1/CR-1 Visa Country: Germany
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Sorry to bother you with so many different questions - instead of just having one threat...

 

But I am planning on taking on his last name while I will still be needing to return to Germany with my German passport carrying my maiden name. Which name do we use for the I-130 filing? I'd like to use my new name. Or do we have to wait for the filing until I have my new passport in hand?

 

Thank you so much for your help.

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JFH Grand Master

JFH   12,189

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Filed: Citizen (apr) Country: United Kingdom
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Your marriage certificate is proof of legal name change. You can file the I-130 in whatever name you choose as there is no requirement to change your name upon marriage - every person makes their own choice whether they change their name or not. 

 

However, the name on your visa must match the name on your passport so if you are wanting to immigrate under your new name you will need to update your passport. But you don't have to do that before you file the I-130 - you have plenty of time to do it whilst you await the approval. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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