name change

[SE18 2]

My fiancee just arrived K1 and we married last week in Virginia. VA law required her to use her maiden name on marriage cert, however. Now we're ready to process I-485 and were wondering if she should use her maiden last name or my last name, which she wants to use in the future. I called USCIS and they told me to use what's on the marriage cert. Anyone run into this sort of problem? Thanks

[Georgia16 2,858]

That's no problem. 

 

The marriage certificate is proof of name change so that meaning she can now use your name without issues.

 

So use her new name on all AOS papers.

 

We did the same our marriage certificate also have my old name and have had 0 issues at all.

[SE18 2]

thanks for the quick reply! We'll include a cover letter as well explaining. Glad you got thru the AOS OK.

[Illiria 980]

Ah the misinformation line stikes again - the uscis phone line is notorious for giving out misinformation like this. The person on the line probably comes from a state where you sign or include what you want your new married name to be but not every state has marriage certificates like this.

 

As Georgia16 says you can use the marriage certificate as proof of ability to use your married name even if the name on it is your maiden name and have the aos application in your married name if you want to use the married name from now on - I did this and had no issues. 

[SE18 2]

Thanks Illiria. Most likely the person on the phone is a GS-7 or 9 (low pay), with probably very little comprehensive training so I take what's said with a grain of salt.

[Georgia16 2,858]

3 hours ago, SE18 said:

thanks for the quick reply! We'll include a cover letter as well explaining. Glad you got thru the AOS OK.

So reason to do that at all will most likely just confuse them. 

 

Just right her her new name and where it asked for other names/previous names put her old name