name change Name Change after DS260 Prior to Interview

[LLandTT 3]

Hello,

 

I apologize if I'm asking something that's clearly written on 20 posts, but I just want to confirm from people who have actually done this (rather than a lot of hypotheticals.)

 

My wife received her CR1 interview letter today, interview scheduled for May 22, which is very exciting! We have done all the paperwork ourselves, no lawyer, and so far so good. All paperwork has been filled out with her new Married name. The only issue that we didn't notice until just now is that NVC has been referring to her as her Maiden name. I understand now (which I did not before) that the Green Card will be issued only to the name on the passport. So in my mind, here are the possible scenarios:

 

A) Attend interview, hope to present/reference marriage certificate with new name, cross our fingers and hope they put married name on visa?

 

or

 

B) Attend interview content with the fact that they will use her maiden name and we will have to go through all the processes later to change it. 

**Issues with both of the above: I have read some people have visas denied due to mismatching last name/improper name change documentation. (Ours is a California-issued marriage certificate with the name change on it)

 

or

C) Apply for an expedited UK passport with new name which should arrive within a week (lots of time before interview), and take new and old passport to interview

**Issue in my mind: New document the NVC had never seen, will this cause an issue that it doesn't match what we've submitted and the name they've been using for her?

 

I hope I've thought this all through and if not, feel free to let me know what I've missed. I'd appreciate if anyone has successfully completed options A or C. We are getting so excited for this incredible milestone and for this process to be over. We don't want to screw it up at the last step. If I tell my wife "I don't know, I've never done this before either" again, she might just call off the whole process 😂

 

Thanks so much in advance! I wish I had been using this site from the very start of our process!

-T

 

 

[Juniper 62]

2 hours ago, LLandTT said:

Hello,

 

I apologize if I'm asking something that's clearly written on 20 posts, but I just want to confirm from people who have actually done this (rather than a lot of hypotheticals.)

 

My wife received her CR1 interview letter today, interview scheduled for May 22, which is very exciting! We have done all the paperwork ourselves, no lawyer, and so far so good. All paperwork has been filled out with her new Married name. The only issue that we didn't notice until just now is that NVC has been referring to her as her Maiden name. I understand now (which I did not before) that the Green Card will be issued only to the name on the passport. So in my mind, here are the possible scenarios:

 

A) Attend interview, hope to present/reference marriage certificate with new name, cross our fingers and hope they put married name on visa?

 

or

 

B) Attend interview content with the fact that they will use her maiden name and we will have to go through all the processes later to change it. 

**Issues with both of the above: I have read some people have visas denied due to mismatching last name/improper name change documentation. (Ours is a California-issued marriage certificate with the name change on it)

 

or

C) Apply for an expedited UK passport with new name which should arrive within a week (lots of time before interview), and take new and old passport to interview

**Issue in my mind: New document the NVC had never seen, will this cause an issue that it doesn't match what we've submitted and the name they've been using for her?

 

I hope I've thought this all through and if not, feel free to let me know what I've missed. I'd appreciate if anyone has successfully completed options A or C. We are getting so excited for this incredible milestone and for this process to be over. We don't want to screw it up at the last step. If I tell my wife "I don't know, I've never done this before either" again, she might just call off the whole process 😂

 

Thanks so much in advance! I wish I had been using this site from the very start of our process!

-T

 

 

 "I understand now (which I did not before) that the Green Card will beissued only to the name on the passport." ....   I am answering only this statement with this post.

 

Assume that your wife's valid passport name remains as her maiden name.

 

When you filled out the Spousal Visa I-130 Petition, you could have used her married name as the beneficiary name ... where your marriage certificate is evidence of name change.  

 

Also when filling out the electronic DS-260 visa application for NVC, you could have used her married name there as well as visa applicant, once again where your marriage certificate is evidence of name change.

 

If you had done either of the two things above in your document filings, her green card would have her married name on it and her passport would remain a valid document with her maiden name (thus always travel with the marriage certificate).

 

Edited April 16, 2019 by Juniper

[Juniper 62]

So for your options ... your marriage certificate is a part of your filed documents.  However, the visa beneficiary name (maiden name) is kind of "set in stone" at this point with the DS-260 visa application.   Social security will be getting her maiden name from this application as well.

 

Option A - I really doubt the beneficiary visa name can be changed from the visa applicant name in the DS-260. 

 

Option B - is your less headache option of getting the visa process over and done with and get her to the USA.

 

You will have to change green card name as you said, and also, change Social Security card name. Pretty straightforward to do.

 

Option C - Does not help with the green card name issue.  And there is no reason to chane the valid maiden name passport.  Just travel with your marriage certificate and your updated married name green card.

[LLandTT 3]

14 minutes ago, Juniper said:

 "I understand now (which I did not before) that the Green Card will beissued only to the name on the passport." ....   I am answering only this statement with this post.

 

Assume that your wife's valid passport name remains as her maiden name.

 

When you filled out the Spousal Visa I-130 Petition, you could have used her married name as the beneficiary name ... where your marriage certificate is evidence of name change.  

 

Also when filling out the electronic DS-260 visa application for NVC, you could have used her married name there as well as visa applicant, once again where your marriage certificate is evidence of name change.

 

If you had done either of the two things above in your document filings, her green card would have her married name on it and her passport would remain a valid document with her maiden name (thus always travel with the marriage certificate).

 

We filled out I-130, I-130A, and DS-260 all with married name. Nowhere except "other names" did we list her maiden name. Still, in our correspondence with NVC, they refer to her by her maiden name. The last thing you wrote is what I remembered reading a year ago when we started this process. Thank you!

[Juniper 62]

5 minutes ago, LLandTT said:

We filled out I-130, I-130A, and DS-260 all with married name. Nowhere except "other names" did we list her maiden name. Still, in our correspondence with NVC, they refer to her by her maiden name. The last thing you wrote is what I remembered reading a year ago when we started this process. Thank you!

That is really crazy.  Please tell me.  You filed I-130 with married name as beneficiary.  The I-130 NOA1 that came back in a few days ... What name (maiden/married) came back as beneficiary on NOA1 ?

Edited April 16, 2019 by Juniper

[LLandTT 3]

4 minutes ago, Juniper said:

That is really crazy.  Please tell me.  You filed I-130 with married name as beneficiary.  The I-130 NOA1 that came back in a few days ... What name (maiden/married) came back as beneficiary ?

Married name on everything from USCIS; Married name on NVC's Notice of Immigrant Visa Case Creation; Maiden name on Notice regarding your Immigrant Visa Case becoming Documentarily Qualified as well as Immigrant Visa Interview Appointment... It's as if they changed it on their end once they saw her UK passport. Madness...

[Juniper 62]

23 minutes ago, LLandTT said:

Married name on everything from USCIS; Married name on NVC's Notice of Immigrant Visa Case Creation; Maiden name on Notice regarding your Immigrant Visa Case becoming Documentarily Qualified as well as Immigrant Visa Interview Appointment... It's as if they changed it on their end once they saw her UK passport. Madness...

This is really important information with regard to your Option A ...

 

This proves I-130 beneficiary name is married name.  The CO at interview can probably be swayed that a name change error did occur after you filed the DS-260 with visa applicant married name and got "documentarily qualified" response back with her maiden name.

 

The CO will be able to see the I-130 and DS-260 and because they have the married name as beneficiary and visa applicant ... can legally issue the CR-1 visa in the married name.  If that is done,  the green card and social security card will have the married name.  I really think the CO will make sure this happens with your input of course on the subject. 

 

Write back with your results.  Good Luck !!!!

Edited April 16, 2019 by Juniper

[LLandTT 3]

10 minutes ago, Juniper said:

This is really important information with regard to your Option A ...

 

This proves I-130 beneficiary name is married name.  The CO at interview can probably be swayed that a name change error did occur after you filed the DS-260 with visa applicant married name and got "documentarily qualified" response back with her maiden name.

 

The CO will be able to see the I-130 and DS-260 and because they have the married name as beneficiary and visa applicant ... can legally issue the CR-1 visa in the married name.  If that is done,  the green card and social security card will have the married name.  I really think the CO will make sure this happens with your input of course on the subject. 

 

Write back with your results.  Good Luck !!!!

Thanks for your help!

 

I don't know if they will respond, but I am going to attempt to call the Embassy in the morning. If they can't help, I'll follow the instructions on their website and consider it a "technical" error, and show screenshots of the married name in all its uses, then screenshots when they changed her name back to maiden name.

 

I'll update the thread as this progresses!

[Juniper 62]

32 minutes ago, LLandTT said:

Thanks for your help!

 

I don't know if they will respond, but I am going to attempt to call the Embassy in the morning. If they can't help, I'll follow the instructions on their website and consider it a "technical" error, and show screenshots of the married name in all its uses, then screenshots when they changed her name back to maiden name.

 

I'll update the thread as this progresses!

It would be advantageous to request the Embassy (case out of NVC now) for an updated interview letter emailed to you that includes the married name as beneficiary/visa applicant ... because you would use that updated interview letter for you getting the medical exam done in her married name, which would be very important. 

 

Maybe there is an explanation why NVC would be using the maiden name when the DS-260 visa applicant is the married name and that matches with the I-130 approved beneficiary as the married name .

 

Just thinking out loud ... if there was an Alien number already assigned to her with her maiden name from some previous non-tourist USA visa entry, that might be the reason for NVC using her maiden name. 

 

Just really don't know if it was mistake or there was a particular reason to muddy the waters.

 

So update us because this is a strange situation.

Edited April 16, 2019 by Juniper

[PK_ 43]

At least, for the US Embassy in Bangkok, here's the official guideline. Other US embassies probably have a similar guideline.

Quote

PASSPORT: The passport must be valid for travel to the United States and have at least eight (8) months of validity beyond the visa issuance date. Your immigrant visa will be issued in the same name which appears on your passport regardless of how your name is listed on the petition. Any discrepancies should be corrected by the relevant authorities prior to your interview.

https://th.usembassy.gov/wp-content/uploads/sites/90/iv-packet-3-instruction-april2019-english.pdf

[Wuozopo 4,293]

10 hours ago, LLandTT said:

or

C) Apply for an expedited UK passport with new name which should arrive within a week (lots of time before interview), and take new and old passport to interview

**Issue in my mind: New document the NVC had never seen, will this cause an issue that it doesn't match what we've submitted and the name they've been using for her?

 

I am aware of a number of persons, albeit K1s,  interviewing in London who showed up with a brand new passport at interview. There was no issue at all. Attempts to present and explain the change in passport number were met with looks like "why are you bothering to tell me all this, just give me your current passport."  I don't know how this works out with a name change for a CR1. 

 

Also, calling the Immigrant Visa Unit in London is pretty impossible. They have a contact form for emailing. If you manage to get somebody on the phone, it may be the Nonimmigrant visa blokes who don't give the correct info for the IVU.

[Gitana 11]

i have a question. How did all your paperwork was fukes in married name if the nist important document which is identifying person - PASPORT  is still in her maiden name? 

[Mollie09 1,543]

5 hours ago, Gitana said:

i have a question. How did all your paperwork was fukes in married name if the nist important document which is identifying person - PASPORT  is still in her maiden name? 

Passports are harder/more expensive to change and not high on the priority list.
I didn't update my passport until 2+ years after my name change when it was closer to expiring.

 

For the OP, name on visa has to match name on passport since it goes in the passport - so it has to refer to the same person. So I'd get the name change and not worry about showing up with a new passport.

Edited April 16, 2019 by Mollie09

[Just Paul 4,595]

Get a new passport if you can.  It will save a lot of effort later if she wants use her married name.

 

My wife received her new passport in her married name in record time from the Philippines.  We already had submitted the DS-260.   Used the old one for ACS and Medical.  Took both passports to the interview.   CO issued visa in married name in new passport.

[Wuozopo 4,293]

A new UK passport is cheaper and quicker than getting a new name on a greencard. That will cost over $500.