Wife's last name change

[neophi 5]

Hi everyone,

Right now I am waiting for a FedEx package with my wife's signed G-325A, so I should be able to send the I-130 tomorrow by noon (to Texas Service Center).

Before searching and reading some posts on these forums, I didn't know changing my wife's last name was as simple as starting to use her married name (my last name) on USCIS forms. I thought something "official" or notarized had to be done prior to adopting a husband's last name. This being said, I filled out the I-130 and for her family name I used her maiden name, and for all other names I typed "None". On her G-325A, we also used her maiden name as her family name, and typed "None" for the all other names field.

This being said, I think I now have three options, since I haven't sent the I-130 package yet:

1) Make changes to I-130: On #C.1 use my last name, and #C.7 use her maiden name,

2) Wait until it's time to file I-129F, and make appropriate changes on the I-129F and G-325A, so her visa is issued with her married name, or

3) Wait until she's here and it is time to file for AOS, and make the changes then so her green card is issued with her married name

However, I'm not sure if the first option is a good idea, since the I-130 would have the married name and her G-325A would have her maiden name as her FAMILY name. As for my second option, would it be unadvisable to have her visa issued with her married name, since her Colombian passport remains with her maiden name?

Additionally, her SSN card (she was issued one last year the last time she came on a working visa) has her maiden name on it, which raises another question... If we decide to change her last name, at what point should the name on the SSN be changed to her married name? During the AOS process, or can it be done before?

I guess this is pretty convoluted, as each of my options raises a different question, but to sum it all up, which option should I go with? Or should I go with option #4: screw it all and let her keep her maiden name?

Thanks in advanced.

- Felipe

Edited April 18, 2007 by felipe d.

[Yodrak 7]

felipe d.

I would go for option 1, crossing out her maiden name on the G-325A, putting her married name in that spot, then crossing out the 'none' and putting her maiden name under 'Other Names Used'.

Whatever you do, the visa will have the same name as her passport.

Yodrak

Hi everyone,

Right now I am waiting for a FedEx package with my wife's signed G-325A, so I should be able to send the I-130 tomorrow by noon (to Texas Service Center).

Before searching and reading some posts on these forums, I didn't know changing my wife's last name was as simple as starting to use her married name (my last name) on USCIS forms. I thought something "official" or notarized had to be done prior to adopting a husband's last name. This being said, I filled out the I-130 and for her family name I used her maiden name, and for all other names I typed "None". On her G-325A, we also used her maiden name as her family name, and typed "None" for the all other names field.

This being said, I think I now have three options, since I haven't sent the I-130 package yet:

1) Make changes to I-130: On #C.1 use my last name, and #C.7 use her maiden name,

2) Wait until it's time to file I-129F, and make appropriate changes on the I-129F and G-325A, so her visa is issued with her married name, or

3) Wait until she's here and it is time to file for AOS, and make the changes then so her green card is issued with her married name

However, I'm not sure if the first option is a good idea, since the I-130 would have the married name and her G-325A would have her maiden name as her FAMILY name. As for my second option, would it be unadvisable to have her visa issued with her married name, since her Colombian passport remains with her maiden name?

Additionally, her SSN card (she was issued one last year the last time she came on a working visa) has her maiden name on it, which raises another question... If we decide to change her last name, at what point should the name on the SSN be changed to her married name? During the AOS process, or can it be done before?

I guess this is pretty convoluted, as each of my options raises a different question, but to sum it all up, which option should I go with? Or should I go with option #4: screw it all and let her keep her maiden name?

Thanks in advanced.

- Felipe

[neophi 5]

felipe d.

I would go for option 1, crossing out her maiden name on the G-325A, putting her married name in that spot, then crossing out the 'none' and putting her maiden name under 'Other Names Used'.

Whatever you do, the visa will have the same name as her passport.

Yodrak

You mean I should do that by hand on the G-325A, even though she already signed it, and there should be no problem with that?

(Well it doesn't necessarily have to be by hand since I could just re-print the PDF using the signed paper form and mimick the crossing out/retyping of the changed name while leaving all other fields blank.)

[Yodrak 7]

felipe d.

Whichever, as long as the 4 pages that you send in have original signatures on them.

Yodrak

felipe d.

I would go for option 1, crossing out her maiden name on the G-325A, putting her married name in that spot, then crossing out the 'none' and putting her maiden name under 'Other Names Used'.

Whatever you do, the visa will have the same name as her passport.

Yodrak

You mean I should do that by hand on the G-325A, even though she already signed it, and there should be no problem with that?

(Well it doesn't necessarily have to be by hand since I could just re-print the PDF using the signed paper form and mimick the crossing out/retyping of the changed name while leaving all other fields blank.)

[TimsDaisy 0]

Who said it was as simple as just adopting the new name? That probably depends on jurisdiction (which could mean home country, or state, etc, depending on the circumstances).

Why not leave everything as-is until she's here?

[neophi 5]

felipe d.

Whichever, as long as the 4 pages that you send in have original signatures on them.

Yodrak

Sorry Yodrak, let me rephrase my question:

It's not a problem to scratch something out and rewrite it? I guess I am hesitant to do so since I tend to be a perfectionist.

[Yodrak 7]

felipe d.,

No, it's not a problem. That's what USCIS does (and perhaps DoS also) when reviewing the forms and making corrections or updates to the information that was provided on them.

Yodrak

felipe d.

Whichever, as long as the 4 pages that you send in have original signatures on them.

Yodrak

Sorry Yodrak, let me rephrase my question:

It's not a problem to scratch something out and rewrite it? I guess I am hesitant to do so since I tend to be a perfectionist.

[neophi 5]

Who said it was as simple as just adopting the new name? That probably depends on jurisdiction (which could mean home country, or state, etc, depending on the circumstances).

Why not leave everything as-is until she's here?

Well, that was my conclusion after looking up some posts on here. And as for this "simplicity," I am referring to the U.S. side of this, meaning USCIS and SSA (although I know this is something you need to request by filling out their SS-5 form), as she doesn't have any other U.S. ID. In Colombia, she would have to change her passport and cedula (ID card), which is probably not necessary.

As to why not leave everything as-is until she's here... I'm not quite sure. Someone else would have to answer what the advantages are of doing it now than later. All I do know is that I shouldn't wait till after AOS since that would mean changing the name on too many documents. By then I would just leave things as is.

Edited April 18, 2007 by felipe d.

[Yodrak 7]

TimsDaisy,

I don't know what most state rules are for adopting an new name, but I'm guessing that in all states a woman can take her husband's surname with no additional paperwork beyond the marriage certificate. Might be different for for taking a name other than the husband's surname or for a man to change his name.

Turning to the federal government and immigration, I married my wife in her country. I don't know what the procedures are there for her to change her name, because she didn't. But for all of her immigration and other business here in the USA she's used my surname without incident. So I presume that, when based on marriage, a name change to the husband's surname for a woman can be that simple?

As for leaving everything as-is until she's here, my personal opinion is that there's less chance for USCIS to make an error along the way if the same name is used from start to finish. More than a few women have attempted to make the name change at AOS and have wound up with a green card bearing their maiden name even thought the I-485 was submitted in the married name.

More common is the problem of getting a SS card in the married name when the immigration documents have been in the maiden name. K1 women have this problem all the time. They marry, apply for a SS card in their husband's surname, and can't get it for a while because the name doesn't match the USCIS data. That's why K1 women in particular are advised to get their SS card prior to marriage.

Yodrak

Who said it was as simple as just adopting the new name? That probably depends on jurisdiction (which could mean home country, or state, etc, depending on the circumstances).

Why not leave everything as-is until she's here?

Edited April 18, 2007 by Yodrak

[neophi 5]

Thanks Yodrak, that does sound logical and it makes sense to me.

Just for the sake of discussion, your example regarding K-1 women being advised to get their SSN before marriage, I assume their SSN will thus be issued under their maiden name. If so, when would they have to or be able to change their name with the SSA?

TimsDaisy,

I don't know what most state rules are for adopting an new name, but I'm guessing that in all states a woman can take her husband's surname with no additional paperwork beyond the marriage certificate. Might be different for for taking a name other than the husband's surname or for a man to change his name.

Turning to the federal government and immigration, I married my wife in her country. I don't know what the procedures are there for her to change her name, because she didn't. But for all of her immigration and other business here in the USA she's used my surname without incident. So I presume that, when based on marriage, a name change to the husband's surname for a woman can be that simple?

As for leaving everything as-is until she's here, my personal opinion is that there's less chance for USCIS to make an error along the way if the same name is used from start to finish. More than a few women have attempted to make the name change at AOS and have wound up with a green card bearing their maiden name even thought the I-485 was submitted in the married name.

More common is the problem of getting a SS card in the married name when the immigration documents have been in the maiden name. K1 women have this problem all the time. They marry, apply for a SS card in their husband's surname, and can't get it for a while because the name doesn't match the USCIS data. That's why K1 women in particular are advised to get their SS card prior to marriage.

Yodrak

Who said it was as simple as just adopting the new name? That probably depends on jurisdiction (which could mean home country, or state, etc, depending on the circumstances).

Why not leave everything as-is until she's here?

Edited April 18, 2007 by felipe d.

[payxibka 10,047]

I don't know what most state rules are for adopting an new name, but I'm guessing that in all states a woman can take her husband's surname with no additional paperwork beyond the marriage certificate. Might be different for for taking a name other than the husband's surname or for a man to change his name.

In MN either party can change any of there names (first, middle, last) to anything they want right on the marriage certificate

[walls1010 3]

Thanks Yodrak, that does sound logical and it makes sense to me.

Just for the sake of discussion, your example regarding K-1 women being advised to get their SSN before marriage, I assume their SSN will thus be issued under their maiden name. If so, when would they have to or be able to change their name with the SSA?

TimsDaisy,

I don't know what most state rules are for adopting an new name, but I'm guessing that in all states a woman can take her husband's surname with no additional paperwork beyond the marriage certificate. Might be different for for taking a name other than the husband's surname or for a man to change his name.

Turning to the federal government and immigration, I married my wife in her country. I don't know what the procedures are there for her to change her name, because she didn't. But for all of her immigration and other business here in the USA she's used my surname without incident. So I presume that, when based on marriage, a name change to the husband's surname for a woman can be that simple?

As for leaving everything as-is until she's here, my personal opinion is that there's less chance for USCIS to make an error along the way if the same name is used from start to finish. More than a few women have attempted to make the name change at AOS and have wound up with a green card bearing their maiden name even thought the I-485 was submitted in the married name.

More common is the problem of getting a SS card in the married name when the immigration documents have been in the maiden name. K1 women have this problem all the time. They marry, apply for a SS card in their husband's surname, and can't get it for a while because the name doesn't match the USCIS data. That's why K1 women in particular are advised to get their SS card prior to marriage.

Yodrak

Who said it was as simple as just adopting the new name? That probably depends on jurisdiction (which could mean home country, or state, etc, depending on the circumstances).

Why not leave everything as-is until she's here?

They can change their SS card from maiden name to married name by showing their original marriage certificate to the SS officer, or they may wait until they got their GC to have the unrestricted SS card.

Edited April 18, 2007 by walls1010

[Yodrak 7]

felipe d.

They can change their name with the SSA, but they may have trouble getting a card with that name until the name matches what USCIS has on record (in the SAVE database that SSA has to verify against).

They can get a new, updated SS card when USCIS has updated the name - typically when adjustment of status is completed and they get their green card in the married name (provided that USCIS hasn't messed that up, as they occassionally do). They'll be wanting a new card at that point anyway, to get rid of the 'not valid for employment ...' notation.

Yodrak

Thanks Yodrak, that does sound logical and it makes sense to me.

Just for the sake of discussion, your example regarding K-1 women being advised to get their SSN before marriage, I assume their SSN will thus be issued under their maiden name. If so, when would they have to or be able to change their name with the SSA?

[Yodrak 7]

walls,

Not always that simple. We should all go back to review the MDYoung (I QUIT) posts on dealing with the SSA. The SSA information that he posted was always accurate.

Yodrak

They can change their SS card from maiden name to married name by showing their original marriage certificate to the SS officer.

[TimsDaisy 0]

Since my fiance doesn't have to worry about the name change business, unless he takes mine, which would be great, I don't have to worry about this cultural decision.

But by way of interesting anecdote: the ACLU recently filed suit in CA because a woman can change here name just by jotting it down on the marriage license, but, unlike most states (and this is a weird one for Cali to be behind on), for a man to change his name requires court filings, hundreds of dollars, and a hearing. Seem fair? Nope, ACLU doesn't think so either. It is a little old-skool.

I think there are still 5 other states besides Cali where the process isn't equal.

The libber in me still says why worry about changing her name at all - but I understand the symbolism of it all. There's always the option of maintaining legal records in one name, but using another in daily life. This is common for women with professions (going both ways, name-wise), and for many others.