(Green Card Holder) wants to marry the father of my sons

[Amber Lin 0]

Hello everyone! 

Im a green card holder and my 3 children as well, they are using my surname not the surname of their father. Now im planning to go back to the Philippines to marry their father. 

My questions are:

1. once I filed the I-130 application for petition should I change my status(single to married) and surname as well here in CA? 

2. how about the surname of my children? Because I want them also to be officially under their father’s surname.

3. What are the step by step procedure for this case?

Thank you in advance.

[Jojo92122 1,924]

1.  Once you get married, your status automatically goes from single to married, so that has nothing to do with filing the I-130.  For the I-130, you must be married so you report that.  Your marriage certificate allows you to change your name to match your spouse.  You can use your married name for the I-130.

 

2.  To change your children's surname, you will need to file with your local state court.  You marrying their father does not allow them to change their last name.

 

3.  Read the Guides on VJ and download the forms and instructions.  Once you finish reading, come back with your questions.

[EmmNM 180]

 This makes me wonder that there may be an "interesting" backstory. I wont make assumptions though.