Wife (USC) changed her name after we applied,. What should we do now?

[theImmigrantGuy 7]

As the title says, we submitted all AOS applications last year and haven't gotten an interview yet. Today my wife who is a US citizen changed her name on social security and driving license. Would that result in a REF? What kind of proof do we need to bring to the interview?

 

Thank you.

Edited June 30, 2018 by omarsaleh92
Spelling.

[KazuriSana 324]

No, no RFE for that.

 

You bring the regular evidence, including original marriage certificate which should have her old name. I am assuming she changed to add your name, correct?

[geowrian 22,337]

It won't result in an RFE. However, her green card will be issued using the name she stated on the I-485. If this is not her current name and she doesn't fix it, then she must carry evidence of the name change (i.e. her marriage certificate) whenever she is using the green card for a benefit.

 

If she wants the green card issued in a name other than what's on the I-485, she should contact USCIS to update the name. You can also request that the Io do this during the interview, although I personally wouldn't wait...IOs get busy and may forget to update the name, and then you would be stuck filing an I-90 to change it (which takes the better part of a year and isn't cheap).

[theImmigrantGuy 7]

2 hours ago, BlessedAssurance said:

No, no RFE for that.

 

You bring the regular evidence, including original marriage certificate which should have her old name. I am assuming she changed to add your name, correct?

Yes, she dropped her old last name and took mine. So, for the interview (she is the petitioner) she should bring the new SSN, new driving license, new passport and new bank statements with updated name?

 

Do I need to update all the forms I submitted? I will be updating the financial sponsorship form anyways.

[theImmigrantGuy 7]

5 minutes ago, geowrian said:

It won't result in an RFE. However, her green card will be issued using the name she stated on the I-485. If this is not her current name and she doesn't fix it, then she must carry evidence of the name change (i.e. her marriage certificate) whenever she is using the green card for a benefit.

 

If she wants the green card issued in a name other than what's on the I-485, she should contact USCIS to update the name. You can also request that the Io do this during the interview, although I personally wouldn't wait...IOs get busy and may forget to update the name, and then you would be stuck filing an I-90 to change it (which takes the better part of a year and isn't cheap).

I'm the beneficiary. Should she inform USCIS of her name change as the petitioner? Do I have to update all forms I submitted? What evidence should I bring to prove she's the same person?

Thank you.

Edited July 1, 2018 by omarsaleh92
Spelling.

[geowrian 22,337]

4 minutes ago, omarsaleh92 said:

I'm the beneficiary. Should she inform USCIS of her name change as the petitioner? Do I have to update all forms I submitted? What evidence should I bring to prove she's the same person?

Thank you.

Ah sorry, I misread. The petitioner changed her name. It's not an issue at all. She can carry the marriage certificate as evidence of the name change (they already have a copy, though), but it won't cause an RFE.

[theImmigrantGuy 7]

15 hours ago, geowrian said:

Ah sorry, I misread. The petitioner changed her name. It's not an issue at all. She can carry the marriage certificate as evidence of the name change (they already have a copy, though), but it won't cause an RFE.

Thank you. So showing her old name on the marriage certificate is enough proof that she's the same person? 

[geowrian 22,337]

7 hours ago, omarsaleh92 said:

Thank you. So showing her old name on the marriage certificate is enough proof that she's the same person? 

Yes.  A marriage certificate is a legal name change document (with limitations per state...i.e. changing one's first name is not permitted).* Getting the other documents updated - such as an SS card - are just additional documentation of the name change used for certain benefits.

* There is also generally a per-state requirement that one must start using the new name within a certain time period after marriage (i.e. year(s)?).