Want to use married name, not maiden.

[ahiann8 2]

Hi, I'm just about to file for a DCF so I can bring my wife to the US.
We have the marriage certificate, but have not taken action to change any documents to the new, married surname.

In the US, she wants to use my last name.

My wife's country doesn't really change their last name when you get married, in your passport it still shows the last name you were born with.
It looks like it's technically possible to change your name there, but it's not really done for marriage.
Either way, we don't have time to do any of that stuff DCF seems to be closing down soon so we don't have time wait.

 

I understand that for the US, our marriage certificate is enough for her to use my last name.
When filling our the I-130 papers, we are using my last name.
Her passport will not have my last name in it at all.

I have searched on here a lot, and I am still confused.
I have read conflicting posts, with regards to the green card having to be issued in the passport name.
Some say yes, some say no.
Look at this post:

From what I have picked up, the DS-260 MUST be in the passport name.
I might be wrong, but the DS-260 is what gives the visa(?), and you need the visa in the passport name.
But the greencard is based off of other documents, which we can use the new married name on, and the greencard will have the new name, which is ok if it doesn't match the passport as long as you always carry your marriage certificate?

Basically, my wife and I just want for her to enter the US using my last name, and not have to go through any formal 'name changes'.

Thanks for all the great help on this site!



 

Edited May 18, 2019 by ahiann8

[Just Paul 4,595]

What country is she from?

 

Yes the Visa will be in tha passport name.   

 

 My wife got a new passport in her married name so we didn't have any changes upon arrival.

[ahiann8 2]

Hi Paul,
Belgium.

From https://diplomatie.belgium.be/en/services/services_abroad/registry/giving_a_name

Quote

Will marriage affect my surname?

Under Belgian law, marriage does not have any effect on the spouses' surnames. You keep the surname that you had before you were married.

Plus, DCF is running out so we won't even want to wait a theoretical week, to get a new passport issued.

What are our options?
Why can't the visa be in the married name, in the maiden name passport? The marriage certificate should be enough to link it to whoever needs to see it, no?
Or, can the greencard be in the married name, whilst the passport/visa is in the maiden name? -- That is what I seem to have read with the post I linked in my opening question.

Thanks

 

Edited May 18, 2019 by ahiann8

[pushbrk 13,097]

5 hours ago, ahiann8 said:

Hi Paul,
Belgium.

From https://diplomatie.belgium.be/en/services/services_abroad/registry/giving_a_name

Plus, DCF is running out so we won't even want to wait a theoretical week, to get a new passport issued.

What are our options?
Why can't the visa be in the married name, in the maiden name passport? The marriage certificate should be enough to link it to whoever needs to see it, no?
Or, can the greencard be in the married name, whilst the passport/visa is in the maiden name? -- That is what I seem to have read with the post I linked in my opening question.

Thanks

 

Forget the why questions.  This is not an argument you can win.  Your easiest option is to get a new passport in the married name.  What do you mean "DCF is running out"??

 

YOU are very late in dealing with this.  Get a new passport.  You've had lots of time to do so and didn't.

[ahiann8 2]

5 hours ago, pushbrk said:

Forget the why questions.  This is not an argument you can win.  Your easiest option is to get a new passport in the married name.  What do you mean "DCF is running out"??

 

YOU are very late in dealing with this.  Get a new passport.  You've had lots of time to do so and didn't.

Hi pushbrk.

Sorry if it came across as me trying to argue, I apologize - I wasn't trying to be difficult.
I simply want to be sure of my options and fully understand how this stuff works.

Our easiest option is not to get a new passport in the married name. In Belgium it is just not something that is done there.
You keep the same name you were born with, whether you get married or not.
Although it is technically possible for a person to change their name (for example, if they have an embarrassing name, or if a minor gets adopted) - it is not a simple, straightforward or quick process and you need a very good reason.
In short, we will not have a passport with her new married name.

You say we have had lots of time to sort this out, but that is not true. We have only very recently gotten married! Less than one week to be precise.
Sure we could have gotten married earlier, or met earlier, born earlier... etc. I'm not going to worry about the past.
I just want to try to ensure we can both go to the US without having to wait the 1 year+ it takes to do this normally. (file from US, non-DCF)

When I say DCF is running out, I am referring to information I read here:

People have said anyone who wants to DCF should do so ASAP because some places have already stopped accepting applications.
I don't think I have misunderstood anything here, I am trying to fill out all the paperwork quickly and mail it within the next few days.
Apparently Manila stopped accepting them without any warning.
If I'm too late and London doesn't want to accept it, I'll have to live with it and I have accepted that this might be the outcome.

--
If our only option is paying the $450 to change the name of the green card once we have it - that is OK, it's not the end of the world.
If there is some other way, where we can get the green card issued in the new married name (with maiden name passport) - that's better, we save $450. 
I just want to see if that is really necessary because I thought I read some conflicting posts on here about that.

 

[milimelo 4,548]

Change the passport name - I’m sure you won’t be the first to do it and if there’s expedite fee to pay to get the process completed faster pay it. 

 

You can apply with maiden name passport and tell embassy you’re working on changing it to married name. 

[ahiann8 2]

1 hour ago, milimelo said:

Change the passport name - I’m sure you won’t be the first to do it and if there’s expedite fee to pay to get the process completed faster pay it. 

 

You can apply with maiden name passport and tell embassy you’re working on changing it to married name. 

Ok and if not (because I don't want to risk the time it takes even if it's possible), and the alternative is paying the $450 to change the name on the green card when we get it?
Am I correct in saying that $450 name change is even possible?

[milimelo 4,548]

Yes, you’d pay the fee to get the wrong card (or they wouldn’t issue it) and the I-90 fee for the new card. 

[millefleur 5,047]

3 hours ago, ahiann8 said:

People have said anyone who wants to DCF should do so ASAP because some places have already stopped accepting applications.

Belgium doesn't even have a USCIS field office, so are you sure you are even eligible for DCF at this point?

 

3 hours ago, ahiann8 said:

If I'm too late and London doesn't want to accept it, I'll have to live with it and I have accepted that this might be the outcome.

Also, according to the official USCIS website:

Quote

The London Field Office is in the Europe, Middle East and Africa District and has jurisdiction over U.S. immigration matters in the United Kingdom, Republic of Ireland, Denmark, Finland, Iceland, Norway, and Sweden.

So....technically, you'd be applying to Frankfurt:

Quote

USCIS Frankfurt is in the Europe, Middle East and Africa District and has jurisdiction over U.S. immigration matters in Austria, Czech Republic, Germany, Hungary, Belgium, the Netherlands, Poland, Slovakia, Switzerland, Luxembourg and Liechtenstein.

I think you really need to do some more research at this point...

[ahiann8 2]

2 minutes ago, millefleur said:

Belgium doesn't even have a USCIS field office, so are you sure you are even eligible for DCF at this point?

 

Also, according to the official USCIS website:

So....technically, you'd be applying to Frankfurt:

I think you really need to do some more research at this point...

Oh wow, thank you for pointing that out.
I knew that Belgium didn't have one, I thought it was ok to use the London one because, we live in the UK, and I though the requirement was simply that the beneficiary has to be allowed to stay in the UK (so, an EU national is fine).
Can you confirm I'm wrong about this? Or, where can confirm 100% that I'm unable to do this in London.
Thank you.

[millefleur 5,047]

1 minute ago, ahiann8 said:

Oh wow, thank you for pointing that out.
I knew that Belgium didn't have one, I thought it was ok to use the London one because, we live in the UK, and I though the requirement was simply that the beneficiary has to be allowed to stay in the UK (so, an EU national is fine).
Can you confirm I'm wrong about this? Or, where can confirm 100% that I'm unable to do this in London.
Thank you.

Yes, I can. Just check out the official USCIS website for London:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

 

And now see Frankfurt:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

 

So, it's pretty much right at the top of the page...each USCIS international office only has jurisdiction over certain countries.

[ahiann8 2]

5 minutes ago, millefleur said:

Yes, I can. Just check out the official USCIS website for London:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

 

And now see Frankfurt:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

 

So, it's pretty much right at the top of the page...each USCIS international office only has jurisdiction over certain countries.

Thanks.

I'm not sure how simple this is for people who live in the EU.

I can see this person filed in London, their spouse is Dutch.

And this person did it, being French, in London.

On 8/2/2018 at 4:14 PM, Paulonto said:

I can tell you that her being French is no problem at all. I am the French beneficiary and my wife is a USC, and there was no issue whatsoever since I am here in the UK a permanent resident, which is what counts.

So thankfully it doesn't seem to be as simple as you say - I'm relieved

[millefleur 5,047]

12 minutes ago, ahiann8 said:

SO thankfully it doesn't seem to be as simple as you say - I'm relieved

It looks like both of those people were living in London at the time or had some very strong ties to London. You really need to call or contact the London office and find out if you are eligible to file there. That would be the best way to find out. 

[ahiann8 2]

11 minutes ago, millefleur said:

It looks like both of those people were living in London at the time or had some very strong ties to London. You really need to call or contact the London office and find out if you are eligible to file there. That would be the best way to find out. 

"Living in London at the time" - sorry if I didn't make it clear, we are both living in the UK and have been for 2+ years.
She isn't visiting the UK for the week to come and do this.
Of course I will call to double check, but I'm not as worried as you initially made me
But thank you for clarifying it, I agree it is important to check.

Edited May 19, 2019 by ahiann8

[millefleur 5,047]

Just now, ahiann8 said:

"Living in London at the time" - sorry if I didn't make it clear, we are both living in the UK and have been for 2+ years.
Of course I will call to double check, but I'm not as worried as you initially made me
But thank you for clarifying it, I agree it is important to check.

Ohh ok you should be fine then. I didn't see if you had mentioned it before. Sorry about that. 

 

No other DCF offices have mentioned that they are officially closing except Moscow (now closed) but you could always call them about that too. It seems London and all other offices are still accepting applications.