Filed I-130, thinking of filing I-129F but changed name in the interim

[Snirgeu 10]

Hello all,

 

I filed USC IR1 I-130 in September. I've been contemplating whether to file an I-129F because of the rumors that it nudges the I-130, and quite frankly, it's free, so can't really hurt. 

 

However, in October I changed to my married name from my maiden name thinking I'd just update the docs during the NVC stage. Now, obviously I'm still at the USCIS stage so if I do file the I-129F it would have to be under the married name as my passport with my maiden name is no longer valid. 

 

Do you think it'd be worthwhile to file the I-129F with my married name, then file an "unsolicited evidence" file on my I-130 with my married name, or should I just leave it and wait for the NVC stage (albeit, I am in VSC and have a feeling that a 129F would actually help)?

 

Appreciate the help.

Thanks

[dwheels76 5,468]

2 minutes ago, Snirgeu said:

Hello all,

 

I filed USC IR1 I-130 in September. I've been contemplating whether to file an I-129F because of the rumors that it nudges the I-130, and quite frankly, it's free, so can't really hurt. 

 

However, in October I changed to my married name from my maiden name thinking I'd just update the docs during the NVC stage. Now, obviously I'm still at the USCIS stage so if I do file the I-129F it would have to be under the married name as my passport with my maiden name is no longer valid. 

 

Do you think it'd be worthwhile to file the I-129F with my married name, then file an "unsolicited evidence" file on my I-130 with my married name, or should I just leave it and wait for the NVC stage (albeit, I am in VSC and have a feeling that a 129F would actually help)?

 

Appreciate the help.

Thanks

No need to update I-130. I would leave the I-129F just like you did I-130. You can update name at NVC. You are the petitioner correct? Your passport doesn't matter at this point.

All you need for I-129F is:

1. Form I-129F
2. Petitioners Birth Certificate
3. Marriage certificate
4. Divorce decree if applicable
5. 1 passport pic of Petitioner and Beneficiary
6. Copy of the I-797c, Notice of Action
7. For G-1145

[Snirgeu 10]

3 minutes ago, dwheels76 said:

No need to update I-130. I would leave the I-129F just like you did I-130. You can update name at NVC. You are the petitioner correct? Your passport doesn't matter at this point.

All you need for I-129F is:

1. Form I-129F
2. Petitioners Birth Certificate
3. Marriage certificate
4. Divorce decree if applicable
5. 1 passport pic of Petitioner and Beneficiary
6. Copy of the I-797c, Notice of Action
7. For G-1145

Thank you for the reply.

 

I may be confused, but won't they see that the NOA1 for the I-130 is under my maiden name and the I-129F is under my married name? Isn't that a problem?

Also, I recently saw on one of the FB groups that someone sent an I-129F a few weeks after the I-130 with ONLY the form I-129F and the NOA1. No other document whatsoever.

Edited December 6, 2021 by Snirgeu

[dwheels76 5,468]

7 minutes ago, Snirgeu said:

Thank you for the reply.

 

I may be confused, but won't they see that the NOA1 for the I-130 is under my maiden name and the I-129F is under my married name? Isn't that a problem?

Also, I recently saw on one of the FB groups that someone sent an I-129F a few weeks after the I-130 with ONLY the form I-129F and the NOA1. No other document whatsoever.

I'm showing you what is required. I was just saying why not keep the names the same. It doesn't really matter you are the petitioner right. But if you want to put different name really is no big deal you will put maiden name in the other names used section they will see marriage license as the legal name change.

[pushbrk 12,883]

2 hours ago, dwheels76 said:

I'm showing you what is required. I was just saying why not keep the names the same. It doesn't really matter you are the petitioner right. But if you want to put different name really is no big deal you will put maiden name in the other names used section they will see marriage license as the legal name change.

First, the hindsight proper thing to do was to file in the married name to begin with, BUT, NOW, just file the I-129F in the maiden name, and deal with the name change at the NVC stage.  

 

Note that marriage license is a license to marry. Marriage certificates are what is required here.  Sometimes both are on the same page, but they are NOT the same "thing".

Edited December 6, 2021 by pushbrk

[Snirgeu 10]

5 hours ago, pushbrk said:

First, the hindsight proper thing to do was to file in the married name to begin with, BUT, NOW, just file the I-129F in the maiden name, and deal with the name change at the NVC stage.  

 

Note that marriage license is a license to marry. Marriage certificates are what is required here.  Sometimes both are on the same page, but they are NOT the same "thing".

Yes. My marriage certificate specifically states that my name following marriage stays the same as at the time I wanted to stay with the maiden name so I don't think a marriage certificate alone is enough to prove the name change. 

 

My US passport is now on my married name which is why I was thinking of filing under my married name, since I am now known in the US with my married name, having changed it on my IS passport (albeit, haven't done so with SS just yet). 

 

Filing an I-129F with my maiden name when it is no longer my name in the states is OK? I mean, if I do, then filing that and the NOA1 will have the same name. If I do it on my married name, they'll see the difference in the names between the I-129F and I-130 NOA1 which is required to be filed with the I-129F. 

[Snirgeu 10]

6 hours ago, Snirgeu said:

Yes. My marriage certificate specifically states that my name following marriage stays the same as at the time I wanted to stay with the maiden name so I don't think a marriage certificate alone is enough to prove the name change. 

 

My US passport is now on my married name which is why I was thinking of filing under my married name, since I am now known in the US with my married name, having changed it on my IS passport (albeit, haven't done so with SS just yet). 

 

Filing an I-129F with my maiden name when it is no longer my name in the states is OK? I mean, if I do, then filing that and the NOA1 will have the same name. If I do it on my married name, they'll see the difference in the names between the I-129F and I-130 NOA1 which is required to be filed with the I-129F. 

On my US passport I mean.

 

In any case, my question is, how can I file with my maiden name if I already changed my name in the US and my US passport now has my married name? I would be filing under a name that the US no longer knows me by. I can file the I-129F form under my maiden name and add the NOA1, but then that would be representing that my current name is my maiden name and that is incorrect. 

On the other hand, if I file on my married name and they see a different name to my NOA1, would that need to be explained with a name change certificate at this stage or at the NVC stage? Won't this trigger an RFE in the I-130 processing?

Unless I am completely off and misunderstanding something here.

Thank you for your help.

[Snirgeu 10]

8 hours ago, Snirgeu said:

On my US passport I mean.

 

In any case, my question is, how can I file with my maiden name if I already changed my name in the US and my US passport now has my married name? I would be filing under a name that the US no longer knows me by. I can file the I-129F form under my maiden name and add the NOA1, but then that would be representing that my current name is my maiden name and that is incorrect. 

On the other hand, if I file on my married name and they see a different name to my NOA1, would that need to be explained with a name change certificate at this stage or at the NVC stage? Won't this trigger an RFE in the I-130 processing?

Unless I am completely off and misunderstanding something here.

Thank you for your help.

Any answer for the bolded part?

 

Thanks

[pushbrk 12,883]

3 hours ago, Snirgeu said:

Any answer for the bolded part?

 

Thanks

You have MY advice already.  It COULD be argued either way, but there's a reason nobody is arguing for you to file the I-129F in your married name.  Deal with the name change at the NVC stage.  Your I-129F is going to be administratively closed anyway.  You're only filing it in the hopes your I-130 will be looked at sooner.

[Snirgeu 10]

15 hours ago, pushbrk said:

You have MY advice already.  It COULD be argued either way, but there's a reason nobody is arguing for you to file the I-129F in your married name.  Deal with the name change at the NVC stage.  Your I-129F is going to be administratively closed anyway.  You're only filing it in the hopes your I-130 will be looked at sooner.

Ok thank you.