Court ordered name change BEFORE or AFTER submitting I-485? (merged)

[Hassan Raza 3]

Hi, my fiancee and I just got married (she came on a K1) and she changed her surname to my surname legally, via the marriage process.

 

However, her middle name is still her old middle name but in our culture, the wife would change her middle name to my (the husband's) first name. The only way to do this in NY is to file a petition and get a court order granted, then publish it in a newspaper. Seems like a lot of work for just a middle name change (her first name won't change). It says this can take 1-6 months or longer.

 

The issue is I need to submit a I-485 for green card application asap, given she only has about 1 month left until she overstays her K-1 visa. 

 

Should I do this middle name change legally now, and apply for the I-485 immediately afterwards, even if she overstays her visa? Or should I just apply for it using her current married name and deal w/ changing the middle name after she gets her green card?

 

Thank you!

 

[aaron2020 11,651]

File for AOS and keep her in status.  Get her name changed while she is waiting for her green card.  Update USCIS after she completes the legal process to change her name.  At her green card interview, provide proof of her name change and ask that her green card be issued in her new name.  

[Ayrton 965]

14 hours ago, Hassan Raza said:

Hi, my fiancee and I just got married (she came on a K1) and she changed her surname to my surname legally, via the marriage process.

 

However, her middle name is still her old middle name but in our culture, the wife would change her middle name to my (the husband's) first name. The only way to do this in NY is to file a petition and get a court order granted, then publish it in a newspaper. Seems like a lot of work for just a middle name change (her first name won't change). It says this can take 1-6 months or longer.

 

The issue is I need to submit a I-485 for green card application asap, given she only has about 1 month left until she overstays her K-1 visa. 

 

Should I do this middle name change legally now, and apply for the I-485 immediately afterwards, even if she overstays her visa? Or should I just apply for it using her current married name and deal w/ changing the middle name after she gets her green card?

 

Thank you!

 

If you can get it fast enough before applying for AOS, do it.

 

I changed my name in the middle of the process in NYC. It took less than 1 month total, from applying to receiving the court orders. But I sent a copy of the order to the NBC, applied to renew my EAD with the new name, and gave a third copy of the order to the IO that Interviewed me, and I still received my card with the old name.

Edited March 3, 2021 by Ayrton

[JonSeattle 202]

The K-1 visa expired as soon as it was used. The I-94 will expire after 90 days, but your AOS can be filed after that. You should check if the name change is valid as soon as the court order is issued, so you might be able to file the AOS while the publication is still in process. My wife changed her middle name quickly in Washington, even with COVID. Changing a child's name is more complicated.

[Hassan Raza 3]

51 minutes ago, JonSeattle said:

The K-1 visa expired as soon as it was used. The I-94 will expire after 90 days, but your AOS can be filed after that. You should check if the name change is valid as soon as the court order is issued, so you might be able to file the AOS while the publication is still in process. My wife changed her middle name quickly in Washington, even with COVID. Changing a child's name is more complicated.

So did your wife change her middle name only? And that was after marriage?

 

I wish they'd change her middle name as part of the marriage ceremony but they only allow the surname to be changed.

 

I will reach out to the court tomorrow to see how long it will take. The damn thing costs $210 though.

4 hours ago, Ayrton said:

If you can get it fast enough before applying for AOS, do it.

 

I changed my name in the middle of the process in NYC. It took less than 1 month total, from applying to receiving the court orders. But I sent a copy of the order to the NBC, applied to renew my EAD with the new name, and gave a third copy of the order to the IO that Interviewed me, and I still received my card with the old name.

So you're saying you tried to change your name when the I-485 was already in processing by the USCIS? And now you regret it because they still messed up and gave you the green card in your old name? So it's better to just get the name change done now?

[Hassan Raza 3]

19 hours ago, aaron2020 said:

File for AOS and keep her in status.  Get her name changed while she is waiting for her green card.  Update USCIS after she completes the legal process to change her name.  At her green card interview, provide proof of her name change and ask that her green card be issued in her new name.  

I'd love to do this but the people below you seem to be advising otherwise. Not sure exactly how easy it is to change the name later.

[Ayrton 965]

24 minutes ago, Hassan Raza said:

So you're saying you tried to change your name when the I-485 was already in processing by the USCIS? And now you regret it because they still messed up and gave you the green card in your old name? So it's better to just get the name change done now?

I changed my name. I tried to update the AOS application with the new name a total of 3 times, but still got the card with the old name. Filed I-90 right away, and got a stamp on my passport.

 

I don't regret changing it after sending the AOS, since I didn't plan to change before that. But if you can do it before applying, do it.

[JonSeattle 202]

1 hour ago, Hassan Raza said:

So did your wife change her middle name only? And that was after marriage?

 

I wish they'd change her middle name as part of the marriage ceremony but they only allow the surname to be changed.

 

I will reach out to the court tomorrow to see how long it will take. The damn thing costs $210 though.

Yes, my wife changed her middle name only, after we were married. When you call, find out about the name changing court schedule. You might be able to file the petition in the morning and walk out with the court order in the same afternoon.

 

You can get a free name change if you wait until the citizenship interview and have it done during naturalization.

[Hassan Raza 3]

Thank you for all the help!
 

I've decided to try to change the name BEFORE AOS. But the issue now is I need to provide proof of residency in the US. The problem is that she's still here on a fiance visa and although she lives with my at my home in NY, we have no utility bills or anything to show that she lives here. She doesn't have a driver's license either because we wanted to change her name first and THEN apply for everything (AOS, driver's license, EAD, SSN) so that her name can be correct on all the documents just once. Nothing is on her name and I can't even open a bank account because they require a driver's license as well.

 

The only thing I can think of is ordering something from Amazon on her name, or sending a mail to our own home with her name on it. But I doubt these will be considered seriously.

 

Any ideas on what I can do?

[Hassan Raza 3]

My wife (who came on a fiance visa, married within 90 days), and I want to apply for AOS. But we want to change her middle name, which requires a court order to do so. This process requires proof of residency as part of the documents, that she lives with me in my home in NY.

 

The problem is that she's still here on a fiance visa and although she lives with my at my home in NY, we have no utility bills or anything to show that she lives here. She doesn't have a driver's license either because we wanted to change her name first and THEN apply for everything (AOS, driver's license, EAD, SSN) so that her name can be correct on all the documents just once. Nothing is on her name and I can't even open a bank account because they require a driver's license as well.

 

The only thing I can think of is ordering something from Amazon on her name, or sending a mail to our own home with her name on it. But I doubt these will be considered seriously.

 

Any ideas on what I can do? Thanks!

[Leah88 192]

If you live together shouldn’t she be on the lease contract, gas/utility bills and car insurance? From what I’ve read it’s essential to be on the lease, to proof you lived together for AOS. For the drivers license I had to bring in 2 different proofs of residence and I took the lease and utility bill (both in my maiden name). I applied for the AOS with my new last name / husbands last name, but I don’t think that’s a big deal because the USCIS has my birth certificate and can see my former last name one there. 
i would make sure to put her on the lease, as that’s a pretty essential document to proof that You love together. I had to pay $500 to get on the lease, but still decided that it was important to have that peace of mind knowing we have proof that we live together. 
 

regarding the name change, I wouldn’t worry too much about a second name right now. The AOS is taking so long right now I personally wouldn’t choose to wait too long to apply for the adjustment of status. I don’t like my second name either, but really who cares about your second name?? I’d much rather be able to work sooner rather than later. Just something to keep in mind. 

[Leah88 192]

Just now, Leah88 said:

If you live together shouldn’t she be on the lease contract, gas/utility bills and car insurance? From what I’ve read it’s essential to be on the lease, to proof you lived together for AOS. For the drivers license I had to bring in 2 different proofs of residence and I took the lease and utility bill (both in my maiden name). I applied for the AOS with my new last name / husbands last name, but I don’t think that’s a big deal because the USCIS has my birth certificate and can see my former last name one there. 
i would make sure to put her on the lease, as that’s a pretty essential document to proof that You love together. I had to pay $500 to get on the lease, but still decided that it was important to have that peace of mind knowing we have proof that we live together. 
 

regarding the name change, I wouldn’t worry too much about a second name right now. The AOS is taking so long right now I personally wouldn’t choose to wait too long to apply for the adjustment of status. I don’t like my second name either, but really who cares about your second name?? I’d much rather be able to work sooner rather than later. Just something to keep in mind. 

Oh and I forgot - getting a drivers license takes a WHILE right now, too!! So if I were you, I’d make an appointment ASAP, because it takes a few months to even get one usually. 

[Hassan Raza 3]

1 minute ago, Leah88 said:

If you live together shouldn’t she be on the lease contract, gas/utility bills and car insurance? From what I’ve read it’s essential to be on the lease, to proof you lived together for AOS. For the drivers license I had to bring in 2 different proofs of residence and I took the lease and utility bill (both in my maiden name). I applied for the AOS with my new last name / husbands last name, but I don’t think that’s a big deal because the USCIS has my birth certificate and can see my former last name one there. 
i would make sure to put her on the lease, as that’s a pretty essential document to proof that You love together. I had to pay $500 to get on the lease, but still decided that it was important to have that peace of mind knowing we have proof that we live together. 
 

regarding the name change, I wouldn’t worry too much about a second name right now. The AOS is taking so long right now I personally wouldn’t choose to wait too long to apply for the adjustment of status. I don’t like my second name either, but really who cares about your second name?? I’d much rather be able to work sooner rather than later. Just something to keep in mind. 

Hey! Thanks for the help.

 

We live in a joint family household so the house is owned by my parents, and I simply live there. She simply moved in. So that's why her name isn't on anything, and neither is mine.

 

I was also thinking to just file AOS now under our current married name, where she was able to legally change her last name after marriage. It's really her middle name we want to change as we do in our culture. If I do a name change after filing AOS, I'd have to re-do all the documents later when I finally do the name change. Most people are advising I do the name change first, since I have 30 more days or so until she overstays her fiance visa.

[JonSeattle 202]

Each state is different, but there is the same requirement in Washington state. My wife also had no local documents yet either, and she did not have any problems when she had her court-ordered name change. Your wife's passport with a K-1 visa that names you, and you there with your proof of residence should be plenty. That's what we used also to prove residence for her daughter to attend school. 

Edited March 9, 2021 by JonSeattle

[carmel34 3,626]

12 hours ago, Hassan Raza said:

since I have 30 more days or so until she overstays her fiance visa.

The K-1 visa is a one-time use visa to enter the US, so she cannot overstay it.  It is no longer valid once used.  She married you within the 90 days.  File the AOS package as soon as you can, because once she receives the NOA she will be in a period of "authorized stay," which is not a legal immigration status, but at least she will not be at risk of deportation while waiting for EAD/AP/green card.  Ask your parents for a statement regarding your living arrangements to include with the AOS package, also include joint bank accounts, etc. for more evidence of a bona fide marriage relationship.  Good luck!

Edited March 9, 2021 by carmel34