NAME CHANGE AFTER MARRIAGE

[jordanmic 4]

Hi,

 

My spouse and I got married last week. We wanted to start a new lineage with a completely different last name. That was not possible here in California so I took his last name and kept mine as my middle name. My question is, when can we change both our last names? Will it interfere with my adjustment of status (I am filing in late February)? Will it confuse immigration if I file with my current married name and while the package is processed, I go ahead and start the court process to change our names.

 

Thanks.

[geowrian 22,336]

4 minutes ago, jordanmic said:

when can we change both our last names?

You already did the moment you got married and started using the new one.

5 minutes ago, jordanmic said:

Will it interfere with my adjustment of status (I am filing in late February)?

No. The marriage certificate is a legal name change document.

 

5 minutes ago, jordanmic said:

Will it confuse immigration if I file with my current married name and while the package is processed, I go ahead and start the court process to change our names.

No. If you complete the second name change prior to AOS being approved, notify them of the change and provide the court documents. This way they can issue the green card in the new name. Otherwise it will be issued in the name used when you filed, and an  I-90 is needed to update that (several hundred dollars and months of waiting).

[jordanmic 4]

1 hour ago, geowrian said:

You already did the moment you got married and started using the new one.

Thank you so much for the prompt reply. Just to make sure everything's clear, I know that my name changed the moment we got married but that's not the last name we want to have. Here's an example of what happened:

 

Person 1: Amy Aleppo

Person 2: Mike Chadsmith

 

After marriage, Amy took Mike's last name so now:

 

Person 1: Amy Aleppo Chadsmith

Person 2: Mike Chadsmith

 

The couple now wants to have the following names:

 

Person 1: Amy Lucian

Person 2: Mike Lucian

 

When Amy files for her AOS, she will put her current married name (Amy Aleppo Chadsmith) but while UCSIS processes the package she's planning with her husband on getting a court order to switch their last names to Lucian (a process that can take up to 6 months)

 

When is the best time to do that? Should we get the court order now or wait?

 

 

[geowrian 22,336]

41 minutes ago, jordanmic said:

When is the best time to do that? Should we get the court order now or wait?

I understand.

 

Starting the process anytime is permitted.

Optimally you would have it completed before filing for AOS, but that's unlikely with a February filing date.

Next best would be to finish the name change before the AOS interview. That way you can update the name and get the green card in the new name at that time.

[Wiz_Fit 26]

Oh #######. I am glad I saw this.

 

So basically, if we name change during the AOS process, it's free? If we wait until after our interview and green card is issued, we have to file a I-90 and pay $455 for the fee?

[geowrian 22,336]

4 minutes ago, Wiz_Fit said:

So basically, if we name change during the AOS process, it's free? If we wait until after our interview and green card is issued, we have to file a I-90 and pay $455 for the fee?

Yes. They can update the I-485 and they will issue the card based on that name. If you want the card changed later, you gotta pay up and wait.

 

The alternative is to keep the card in the old name still and just use the marriage certificate or court order to link the green card's name to your current name.

The next chance to have a card in the new name issued without payment is for ROC (if married under 2 years when AOS is approved). Then again at the 10 year point when you renew the card.

Edited January 8, 2019 by geowrian

[Wiz_Fit 26]

13 minutes ago, geowrian said:

Yes. They can update the I-485 and they will issue the card based on that name. If you want the card changed later, you gotta pay up and wait.

 

The alternative is to keep the card in the old name still and just use the marriage certificate or court order to link the green card's name to your current name.

The next chance to have a card in the new name issued without payment is for ROC (if married under 2 years when AOS is approved). Then again at the 10 year point when you renew the card.

OK gotcha.

 

Thats what I was thinking, we have already had our interview and got an RFE and have until 2/20 to reply. My wife had planned to change her name after we got through the process and her green card issued but hearing about a $455 fee, we may just go ahead and do the name change then submit the RFE since we have some time.

 

What form or case inquiry do you need to submit online or in the mail to have them update the 485 with the new name? For some reason, my wife wants to change her first name as well so we are debating this now since it seems to add so much complications to change her first name. Presently, the first name is Ma. Chandra and she wants to remove the Ma part. Changing the last name seems super easy, when we are trying to change the first seems to add so many complications.

[geowrian 22,336]

10 minutes ago, Wiz_Fit said:

OK gotcha.

 

Thats what I was thinking, we have already had our interview and got an RFE and have until 2/20 to reply. My wife had planned to change her name after we got through the process and her green card issued but hearing about a $455 fee, we may just go ahead and do the name change then submit the RFE since we have some time.

 

What form or case inquiry do you need to submit online or in the mail to have them update the 485 with the new name? For some reason, my wife wants to change her first name as well so we are debating this now since it seems to add so much complications to change her first name. Presently, the first name is Ma. Chandra and she wants to remove the Ma part. Changing the last name seems super easy, when we are trying to change the first seems to add so many complications.

Understood.

 

You can request the name change with the RFE response. Doing it any other way may be too late. That said, I'm not entirely confident they would make the change that late either...normally it's via a written request or even at the interview. But better to try than not to try.

 

Yeah, first name changes would be via court order. That'll likely won't be done and submitted to USCIS before they make a decision on the I-485.

[accumbyte 148]

On 1/8/2019 at 12:16 PM, Wiz_Fit said:

If we wait until after our interview and green card is issued, we have to file a I-90 and pay $455 for the fee?

With the $85 biometric fee its $540 total: https://www.uscis.gov/i-90