GC Name change

[Appy 38]

Hope this is the right spot for this question. 
 

I entered the US two days ago on a CR1 visa. At my interview, the CO said that if I want my green card to be produced in my married name I could do it at the POE. At POE the officer said it would be issued in my maiden name as in the visa in my passport. I didn’t want to complicate things so left it as is. 
 

How can I go about changing my name to my married name? Do I wait for GC to arrive then file a form to apply for a new one with my married name?

[Crazy Cat 41,845]

I think you will have to file an I-90 after your card arrives.......and I think you will have to pay the change fee.

[millefleur 5,046]

I am under the impression it has to match what your passport says. You could try to file an I-90 once you get the card, claim that it was an error but it's possible they might not do it if your passport still has the old name though.

[Appy 38]

3 minutes ago, Lucky Cat said:

I think you will have to file an I-90 after your card arrives.......and I think you will have to pay the change fee.

I’m okay with the fee but I wasn’t sure if the i-90 is for errors only. 

3 minutes ago, millefleur said:

I am under the impression it has to match what your passport says. You could try to file an I-90 once you get the card, claim that it was an error but it's possible they might not do it if your passport still has the old name though.

That‘a frustrating! The country of the passport which has my visa does not allow name change at all. I am a citizen of another country that allows it so even I change my name on that passport I don’t think it will help because the visa is in the other passport. 

[millefleur 5,046]

2 minutes ago, Appy said:

I’m okay with the fee but I wasn’t sure if the i-90 is for errors only. 

That‘a frustrating! The country of the passport which has my visa does not allow name change at all. I am a citizen of another country that allows it so even I change my name on that passport I don’t think it will help because the visa is in the other passport. 

The visa doesn't matter in the long run. It will no longer be needed once you get the card.

 

If it's an error, you don't have to pay the fee. You could try to call USCIS and get direct advice about what to do, whether or not the fee is necessary. The fee is quite expensive so it would be worth your time to find out. The I-90 is not for errors only, but it does seem like an error, and if it's USCIS's fault, then you don't have to pay the fee. But since the original passport has the old name, it's kind of a grey area. I would call to find out exactly what the steps are. Who knows, they might claim it's not an error and say to file the I-90 + fee, they might say that it is an error, so file without the fee, or they might tell you it is not possible without the passport change.

[Appy 38]

Just now, millefleur said:

The visa doesn't matter in the long run. It will no longer be needed once you get the card.

 

If it's an error, you don't have to pay the fee. You could try to call USCIS and get direct advice about what to do, whether or not the fee is necessary. The fee is quite expensive so it would be worth your time to find out. The I-90 is not for errors only, but it does seem like an error, and if it's USCIS's fault, then you don't have to pay the fee. But since the original passport has the old name, it's kind of a grey area. I would call to find out exactly what the steps are. Who knows, they might claim it's not an error and say to file the I-90 + fee, they might say that it is an error, so file without the fee, or they might tell you it is not possible without the passport change.

Oh great, thank you. I’ll give them a call when the card is here. As long as it’s possible I’ll be happy. 

[millefleur 5,046]

1 minute ago, Appy said:

Oh great, thank you. I’ll give them a call when the card is here. As long as it’s possible I’ll be happy. 

Sounds good! Just keep in mind you'll have to use the old name on everything (where legal name is required) in the meantime, even while your I-90 is pending. Annoying but that's just how it works....the I-90 can take anywhere from a couple months to over a year. Let us know what you find out if you talk to USCIS.

[Appy 38]

Just now, millefleur said:

Sounds good! Just keep in mind you'll have to use the old name on everything (where legal name is required) in the meantime, even while your I-90 is pending. Annoying but that's just how it works....the I-90 can take anywhere from a couple months to over a year. Let us know what you find out if you talk to USCIS.

Thanks for the reminder! Silly question/ Is there a possibility they will reject the application and my current GC (when it arrives) will be invalid? 

[millefleur 5,046]

Just now, Appy said:

Thanks for the reminder! Silly question/ Is there a possibility they will reject the application and my current GC (when it arrives) will be invalid? 

No, that wouldn't happen. If for some reason they refuse to process the I-90 (such as the passport matching nonsense, for example), they will just tell you the I-90 is rejected and to continue using the old card. Filing the I-90 does not invalidate the old card.

 

In terms of what happens if they do process it, my husband had to file an I-90 for an error in his name, and they actually just let him keep the old card basically for the entire duration it was pending. I've heard of other cases where they request the card earlier, and in that case, you would need an I-551 stamp in your passport. However, local offices aren't doing those anymore except in emergency cases, so probably they'd just let you keep the old card while it was pending.

[Appy 38]

2 minutes ago, millefleur said:

No, that wouldn't happen. If for some reason they refuse to process the I-90 (such as the passport matching nonsense, for example), they will just tell you the I-90 is rejected and to continue using the old card. Filing the I-90 does not invalidate the old card.

 

In terms of what happens if they do process it, my husband had to file an I-90 for an error in his name, and they actually just let him keep the old card basically for the entire duration it was pending. I've heard of other cases where they request the card earlier, and in that case, you would need an I-551 stamp in your passport. However, local offices aren't doing those anymore except in emergency cases, so probably they'd just let you keep the old card while it was pending.

Thank you for all your help! 

[Wuozopo 4,293]

9 hours ago, Appy said:

Hope this is the right spot for this question. 
 

I entered the US two days ago on a CR1 visa. At my interview, the CO said that if I want my green card to be produced in my married name I could do it at the POE. At POE the officer said it would be issued in my maiden name as in the visa in my passport. I didn’t want to complicate things so left it as is. 
 

How can I go about changing my name to my married name? Do I wait for GC to arrive then file a form to apply for a new one with my married name?

If you applied for the visa in your maiden name then your greencard comes in that name. I believe you will be paying the $540 fee for a name change.