Petition name is different from passport name

[cheff and jerry 0]

Hello, Im already on NVC stage and about to set interview and medical appointment, question is, my petition name on the I129F is different from my passport, Im divorced in the US but presently living in the Philippines and still using my married name here, will it be a problem?

[SalishSea 17,696]

6 hours ago, cheff and jerry said:

Hello, Im already on NVC stage and about to set interview and medical appointment, question is, my petition name on the I129F is different from my passport, Im divorced in the US but presently living in the Philippines and still using my married name here, will it be a problem?

Yes.  Your documents should all match and be updated to your current legal name.  And if returning to your maiden name was part of the divorce settlement, be sure to include that with the rest of the divorce decree.

[cheff and jerry 0]

39 minutes ago, Jorgedig said:

Yes.  Your documents should all match and be updated to your current legal name.  And if returning to your maiden name was part of the divorce settlement, be sure to include that with the rest of the divorce decree.

Okay, will they deny the petition even if I bring all the necessary documentations?

[SalishSea 17,696]

Just now, cheff and jerry said:

Okay, will they deny the petition even if I bring all the necessary documentations?

There is no way of knowing.  It could complicate the verification of identity/background checks and delay things.  Best bet is to apply for a passport in the current legal name.

[cheff and jerry 0]

My married name here in the phils is still my current legal name, by mistake my fiance applied my name on my maiden name since I’ve been working outside the country for a while now and not been using the married name, thanks for any advice

[SalishSea 17,696]

1 minute ago, cheff and jerry said:

My married name here in the phils is still my current legal name, by mistake my fiance applied my name on my maiden name since I’ve been working outside the country for a while now and not been using the married name, thanks for any advice

Ah, I see.  I thought you were the USC petitioner since you said you were divorced in the US.  Maybe @geowrian or @payxibka would know.

[Hank_ 9,174]

8 hours ago, cheff and jerry said:

Hello, Im already on NVC stage and about to set interview and medical appointment, question is, my petition name on the I129F is different from my passport, Im divorced in the US but presently living in the Philippines and still using my married name here, will it be a problem?

 

1 hour ago, cheff and jerry said:

Okay, will they deny the petition even if I bring all the necessary documentations?

 

1 hour ago, cheff and jerry said:

My married name here in the phils is still my current legal name, by mistake my fiance applied my name on my maiden name since I’ve been working outside the country for a while now and not been using the married name, thanks for any advice

The I-129F should have been filed in your legal name of record.  Hard to say with the K-1 how the embassy will react, being divorce isn't allowed in the Philippines, and you did not complete the Recognition of Divorce through the courts.   

 

This is not a common situation, I do not know of others that have filed the I-129F in a "different name" with the K-1 for the Philippines.     You will have to keep us informed as to how the embassy addresses this issue.   My gut says they won't be "happy"

 

 

 

 

[cheff and jerry 0]

Hi! For the past 8 years I have been trying to annul my marriage in the Philippines, only recently (2017) did the officials announced that we can do “Recognition of Divorce”, now I have met someone and the k1 petition is approved, Im stuck with the legal name still, shall I proceed with the interview or wait for the finality of the Annulment? Your advice will be appreciated

[Hank_ 9,174]

5 minutes ago, cheff and jerry said:

Hi! For the past 8 years I have been trying to annul my marriage in the Philippines, only recently (2017) did the officials announced that we can do “Recognition of Divorce”, now I have met someone and the k1 petition is approved, Im stuck with the legal name still, shall I proceed with the interview or wait for the finality of the Annulment? Your advice will be appreciated

Your annulment process has been going on for 8 years??   Holy Moly!        Are you even close to the finality of annulment?

 

You could delay the interview for a time, but if you are not even close to the finality of annulment there is no saying how much longer that will take.

 

 

Philippines forum:   https://www.visajourney.com/forums/forum/129-philippines/

[cheff and jerry 0]

Hi again! As what my lawyer adviced, we’re on the last stages, also as what I have heard from group chats they say to just put in the legal name on ds160 same with the passport and bring all documents necessary 

[SalishSea 17,696]

31 minutes ago, Hank_ said:

Your annulment process has been going on for 8 years??   Holy Moly!        Are you even close to the finality of annulment?

 

You could delay the interview for a time, but if you are not even close to the finality of annulment there is no saying how much longer that will take.

 

 

Philippines forum:   https://www.visajourney.com/forums/forum/129-philippines/

So petitions can be approved even without final annulment?  Wouldn’t that technically mean the beneficiary in this case was not legally free to marry at the time of filing?

Edited September 20, 2019 by Jorgedig

[cheff and jerry 0]

Yes, as long as there is a divorce decree and the marriage will happen outside the Philippines they will approve

[Hank_ 9,174]

1 hour ago, cheff and jerry said:

Hi again! As what my lawyer adviced, we’re on the last stages, also as what I have heard from group chats they say to just put in the legal name on ds160 same with the passport and bring all documents necessary 

 

Correct, you should use your legal name on the DS-160.

 

 

https://www.visaconnection-philippines.com/us-embassy-usem.html

Edited September 20, 2019 by Hank_

[Hank_ 9,174]

42 minutes ago, Jorgedig said:

So petitions can be approved even without final annulment?  Wouldn’t that technically mean the beneficiary in this case was not legally free to marry at the time of filing?

She was divorced in the USA, and was free to marry at the time of filing the I-129F     

 

 .. the annulment is a Philippines "issue"

[Penguin_ie 5,993]

***** Moving from K1 to Philippines regional forum for country specific answers  *******