BRP and passport surnames don’t match

[Richards0625 0]

Hi there, 

 

I am a US citizen currently in the UK on a tier 4 student visa and planning to move to the US with my British husband this year.

 

I was just about to submit the I-130 form to the embassy when I realized my last name on my passport is my new, married name while my last name on my BRP is still my maiden name.

 

Would this be a reason for my I-130 to be denied? We married in May and I updated my passport in October, so around 3 months ago. I know technically the BRP is supposed to be updates to show the new last name within 3 months of legally changing it, but since I’m not going to re-enter the UK at all before it expires I didn’t think it mattered. Now I’m wondering if it would jeapardize my husband’s petition.

 

Should I change the last name on my BRP first, delaying the process by another 2 months, or is this not something the embassy would be concerned about? All other papers and documents are in order.

 

thanks! 

[Melc 138]

As far as I'm aware, the US considers a marriage certificate as an official name change document, and does not concern itself with the details of UK immigration law.

Either way, if you send it in now with DCF, before the option disappears, they will let you know if it does not suffice. 

 

I would send in the application now, and address the issue if it comes up—but I don't expect it will. 

Edited January 15, 2020 by Melc