LPR wants to petition husband in PH

[Amber_Lin 0]

Hello everyone! I need your help. Im a greencard holder who wants to petition my husband in Ph. We have 3 kids and is living with me here in US since Feb.3,2018.I went back to Ph last Sept 2018 to marry him and got back to US October2018. My status here in US is still single. And I havent change my surname with his surname. I dont know what to put in the form I130. Can anyone help me how to process his petition step by step? Thank you

[aaron2020 11,651]

22 minutes ago, Amber_Lin said:

Hello everyone! I need your help. Im a greencard holder who wants to petition my husband in Ph. We have 3 kids and is living with me here in US since Feb.3,2018.I went back to Ph last Sept 2018 to marry him and got back to US October2018. My status here in US is still single. And I havent change my surname with his surname. I dont know what to put in the form I130. Can anyone help me how to process his petition step by step? Thank you

You're status in the US is not single.  Your status in the US is married since you legally married in the PI.  As an LPR, you would file the I-130 for a husband.  You are asking the US to recognize that relationship in order for him to file for an immigration visa as your husband.

 

With your PI marriage certificate, you can legally change your maiden name to take your husband's last name.

 

There is a Guide on VJ.  This is a do-it-yourself website.  Follow the guide.  

 

Best of luck.

Edited January 22, 2019 by aaron2020

[payxibka 10,045]

18 minutes ago, Amber_Lin said:

Hello everyone! I need your help. Im a greencard holder who wants to petition my husband in Ph. We have 3 kids and is living with me here in US since Feb.3,2018.I went back to Ph last Sept 2018 to marry him and got back to US October2018. My status here in US is still single. And I havent change my surname with his surname. I dont know what to put in the form I130. Can anyone help me how to process his petition step by step? Thank you

If you are married in PI you are married in the USA.   Name change or no name change doesn't matter.   First step is an i130 petition 

[John & Rose 7,239]

20 minutes ago, Amber_Lin said:

Hello everyone! I need your help. Im a greencard holder who wants to petition my husband in Ph. We have 3 kids and is living with me here in US since Feb.3,2018.I went back to Ph last Sept 2018 to marry him and got back to US October2018. My status here in US is still single. And I havent change my surname with his surname. I dont know what to put in the form I130. Can anyone help me how to process his petition step by step? Thank you

As they have stated, you are married.  You do not need to take his name.  The important thing now is to be consistent.  If you are going to take his name then make sure ALL paperwork uses that name.  The same goes if you want to keep your name.  That is your decision.  Just make it stay consistent throughout.  The first step is the I-130 and I-130a.

 

Best of luck to you.

[Hank_ 9,174]

2 hours ago, Amber_Lin said:

Hello everyone! I need your help. Im a greencard holder who wants to petition my husband in Ph. We have 3 kids and is living with me here in US since Feb.3,2018.I went back to Ph last Sept 2018 to marry him and got back to US October2018. My status here in US is still single. And I havent change my surname with his surname. I dont know what to put in the form I130. Can anyone help me how to process his petition step by step? Thank you

Your status everywhere is married.   Use your married name.  Of course there is NO law in the USA saying you have to change your name once married

Edited January 22, 2019 by Hank_

[Amber_Lin 0]

Thank you for all your replies. But im still confused because when I got here in US im still single all of my govt' id's like greencard,sss,ca id and even my  passport my status is single.(then got married,stayed only a month in Philippines so no time to change my married name and civil status)Do i need to change the civil status on all of my id's here in US?Do I need to report to them that Im married now before I file the I130 or is it ok to declare when I filed the I130? 

Since you said that there is no law in USA to change name when married,its fine to make my name remain the same? 

[aaron2020 11,651]

9 minutes ago, Amber_Lin said:

Thank you for all your replies. But im still confused because when I got here in US im still single all of my govt' id's like greencard,sss,ca id and even my  passport my status is single.(then got married,stayed only a month in Philippines so no time to change my married name and civil status)Do i need to change the civil status on all of my id's here in US? No, there is no requirement for you to do that.  Do I need to report to them that Im married now before I file the I130 or is it ok to declare when I filed the I130? 

Since you said that there is no law in USA to change name when married,its fine to make my name remain the same? No one said that.  There is no law requiring you to change your last name.  That's not the same as saying there is no law to change your name.  There are laws ALLOWING YOU IF YOU CHOOSE to change your last name to your husband's last name.

Did you inform any of the US agencies that issued those documents that you got married?  Probably not.  That's why those documents shows that you are single; you never informed any of those US agencies that you got married.  Your PI passport has nothing to do with the US.  

 

Under California law, you can legally change your last name to your husband's last name using just your marriage certificate IF you want to change your name.  You are not required to change your last name.  It's a choice under California law.

 

You do not need to change anything.

 

Just file the I-130 and other documents.  You are petitioning for a husband, so you are married.  You are not single.

Edited January 22, 2019 by aaron2020

[Amber_Lin 0]

Thank you now I understand. Thanks for your time. God bless you.

[Hank_ 9,174]

1 hour ago, Amber_Lin said:

Thank you for all your replies. But im still confused because when I got here in US im still single all of my govt' id's like greencard,sss,ca id and even my  passport my status is single.(then got married,stayed only a month in Philippines so no time to change my married name and civil status)Do i need to change the civil status on all of my id's here in US?Do I need to report to them that Im married now before I file the I130 or is it ok to declare when I filed the I130? 

Since you said that there is no law in USA to change name when married,its fine to make my name remain the same? 

Yes you can keep your name just as is (single/maiden)  in the USA if you choose.    Different story for the Philippines if you plan to update your passport.

 

There is no place to report that you are married with the Federal government, not like in the Philippines.  All you do is update all your IDs to your married name .. if you plan to change your married name.   You will need PSA copies of your marriage certificate for your DL, SS card and your Green Card if you change that also.

 

 

[aaron2020 11,651]

You would need to pay to change your DL and green card.  The fee to change your green card is $455.  

Change your PI passport if you want.  If I was you, I would leave the green alone until you get US citizenship.

[Amber_Lin 0]

That was a good suggestion aaron2020. Thank you. Another thing to ask our 3 kids is still under my surname and we didnt put my husbands name on their birth certificate because of the advise that it will affect our petition during that time. (By the way I was petitioned by my mom an LPR im under F2B category and my 3 kids are my derivatives) Do you have any suggestions how can we fix this? Can I also change their surname under their father's surname when I get my citizenship?

[aaron2020 11,651]

10 minutes ago, Amber_Lin said:

That was a good suggestion aaron2020. Thank you. Another thing to ask our 3 kids is still under my surname and we didnt put my husbands name on their birth certificate because of the advise that it will affect our petition during that time. (By the way I was petitioned by my mom an LPR im under F2B category and my 3 kids are my derivatives) Do you have any suggestions how can we fix this? Can I also change their surname under their father's surname when I get my citizenship?

You got really bad advice.  Your kids having their father's last name would not have affected anything.  

 

You would need to petition the California court to change their last names.  Then, you would need to pay $455 for each to change their green cards.  If I was you, I would petition the court only and leave their green cards alone.  Once they become US citizens, they can get US passports with their new legal names.  

 

How old are the kids?

Edited January 22, 2019 by aaron2020

[aaron2020 11,651]

http://www.courts.ca.gov/1052.htm

[Amber_Lin 0]

Their age is 10, 4 and 3 years old. 

[aaron2020 11,651]

5 minutes ago, Amber_Lin said:

Their age is 10, 4 and 3 years old. 

You'll be able to apply for US citizenship around 2023 and your kids under age 18 at that time will all become US citizens automatically.  Get them US passports with their father's last name.

It will take about 3 years for your husband to get an immigration visa.  

You will have to go to the California court to change their last name.