What happens if the beneficiary changes her legal name during the K1 visa process?

[xyz987 0]

Hello,

 

I live in a country where getting your legal first name changed isn't a simple process, you have to hand in a legal name change form, get it denied and then go to court and wait a few years and then the court may give you your legal name change. I have applied for a legal name change 2 years ago and it's still in the court phase and there's no knowing when the legal name change will happen. My fiance and I have submitted the K1 visa form a few months ago.

 

My question is: What happens if my legal name changes

a) before the embassy interview?

b) after receiving the fiancee visa but before entering the States with the visa?

 

Thanks for all answers in advance.

[Lemonslice 4,953]

b) the visa will be issued in the name that appears in your passport; I  strongly suggest you wait until you have a passport in the name you want before getting your interview/visa issued.  

[xyz987 0]

3 minutes ago, Lemonslice said:

b) the visa will be issued in the name that appears in your passport; I  strongly suggest you wait until you have a passport in the name you want before getting your interview/visa issued.  

Getting the name I want in my passport can happen anywhere between 0 and 99 years, there's no legal limit how long the process can take.

Edited December 12, 2021 by Abby13

[JeanneAdil 6,608]

if the USC has already applied for the K1,  please fill out a timeline and let all know the country

as the members from your country can best advise for country specific questions

[xyz987 0]

Sure, you're right.
I'm looking for Hungarian transgender people who are having the same issue with their legal name change.

[millefleur 5,047]

3 hours ago, xyz987 said:

Sure, you're right.
I'm looking for Hungarian transgender people who are having the same issue with their legal name change.

Given the specific nature of the request, you might not find people here who have experience with that. Might be better to look for other forums like reddit or google in your native language for answers. This is more of a Hungary problem than a US immigration problem. USCIS and DoS go by the name in the passport as that is your international ID. Since your passport is issued by the country of nationality, you have to change it there. It's beyond USCIS or the US government's doing at this stage of your immigration process.

 

There is a way to change you name after you get your green card: you can enter the US and then wait out your green card (which will be issued in whatever name your passport says) and then once you get your GC, you can file in the local county court in the US for a legal name change via court order. Since you're doing K-1, it will probably take around 8 months or so to get your GC as that's about how long it is taking. Keep in mind your EAD/AP card will also be issued in the name that is in your Hungarian passport and there's no way to change that, you have to wait for the GC. I guess in theory you could change the name while waiting for EAD/AP and then pay and reapply for a new EAD/AP, but that would only end up delaying you GC by months so I don't see why anyone would do that. Most people want the GC as fast as possible for work and travel reasons.

 

Once you file for court order name change, it can take a few months for that to happen, depends on how fast or slow or local court works. You will have to prove that you have no criminal record and provide a reason for the name change. Once the court issues the legal name change court order document and approves it, you can take that document and apply for a new green card, SSN, etc. To get the new GC, you will need to file an I-90 and pay the fee of $540 and wait out the processing for the new GC. I-90 processing can take anywhere from a few months to over 1 year, it varies a lot. In the meantime, you GC will have your old name on it. If they ask you to send in the old GC with the I-90, you can get a I-551 stamp in your passport but if your passport is still in your old name, then you'll just have to use that as documentation in the meantime for USCIS related stuff.

 

I would say that given the K-1 visa wait for the GC, the time it takes to go through court order name change and then getting a new GC via I-90, you're also looking at maybe a two year wait or so to change your name here in the US. Also changing your name in the US may or may not have any impact on your name in your home county - depends on their laws and how they view a legal name change abroad. So, even if you did change your name legally on your GC and in the US, if your country doesn't accept the US court order name change, you would still be known under your old name in your home country. Whenever you book plane tickets, that also has to go under the name listed in your passport. If you end up in a situation where your passport and GC have different names, you would have to carry a copy of your court order name change with you to prove your identity.

[millefleur 5,047]

**Topic is now locked as OP has closed their account.**

 

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