Beneficiary wife didn't take my name when married. Can she do it while -130 pending?

[Dave Knapp 47]

I'm hoping the corporate wisdom can give us some counsel on this.  My wife decided to keep her maiden name because the Philippines makes it such a hassle to change it.  She would have had to separately apply and change ( and pay ) for at least 13 different things.  Now she's a little concerned and is thinking of changing it to my name.  Does anyone have any thoughts on this? Our petition has been at NSC since Oct 3, 2021.  Thanks in advance.

[Mike E 11,739]

What concerns her?

[Dave Knapp 47]

1 minute ago, Mike E said:

What concerns her?

Her maiden name is Abdul, and although she has never practiced Islam, she hears the anti-Islam rumblings in the US and is a little concerned.  I've tried to tell her it won't be a problem, but I don't think I'm getting through.  If it's not a big deal for the Visa process, she'd be more comfortable changing it. 

 

[Mike E 11,739]

1 minute ago, Dave Knapp said:

Her maiden name is Abdul, and although she has never practiced Islam, she hears the anti-Islam rumblings in the US and is a little concerned.  I've tried to tell her it won't be a problem, but I don't think I'm getting through.  If it's not a big deal for the Visa process, she'd be more comfortable changing it. 

 

I don’t know what NSC is.  I suggest filling out her timeline from her profile so that you can get directed  advice.  
 

She can of course take your surname under USA law.  

[Dave Knapp 47]

45 minutes ago, Mike E said:

I don’t know what NSC is.  I suggest filling out her timeline from her profile so that you can get directed  advice.  
 

She can of course take your surname under USA law.  

NSC is Nebraska Service Center.  We know that she can change her name in the US, but if it causes a hiccup in the I-130 process, it's probably not worth the risk. To me, it would be simpler to change it after we arrive and the Green Card is issued.  Probably could be handled by the local office.

[Coco8 1,042]

Right now she is a citizen of her country and is in her country. She has to follow the rules of her country regarding name changes. I don't know of many countries that allow name changes easily/fast and it's reflected in the passport. 

[Redro 4,611]

4 hours ago, Dave Knapp said:

I'm hoping the corporate wisdom can give us some counsel on this.  My wife decided to keep her maiden name because the Philippines makes it such a hassle to change it.  She would have had to separately apply and change ( and pay ) for at least 13 different things.  Now she's a little concerned and is thinking of changing it to my name.  Does anyone have any thoughts on this? Our petition has been at NSC since Oct 3, 2021.  Thanks in advance.

Does she have proof of name change via the marriage certificate? 

As much as it would be a mission to change her name back home before moving to the States it will probably be more onerous after she makes her move here. 

From what I understand, after she changes her name in the US she will have to update her green card ($455, a biometrics fee of $85 might also be charged). 

She will also have the problem of having her passport name not match her legal name in the US, so traveling with marriage certificate/proof of name change will be required.

If name changes in the Philippines don't take too long she should consider changing her name before she goes to the interview. Her visa (and green card) will be issued with the name in her passport and I believe some members have updated their passport between NVC DQ and interview without any problems.

 

 

[Redro 4,611]

38 minutes ago, Kor2USA said:

Does she have proof of name change via the marriage certificate? 

As much as it would be a mission to change her name back home before moving to the States it will probably be more onerous after she makes her move here. 

From what I understand, after she changes her name in the US she will have to update her green card ($455, a biometrics fee of $85 might also be charged). 

She will also have the problem of having her passport name not match her legal name in the US, so traveling with marriage certificate/proof of name change will be required.

If name changes in the Philippines don't take too long she should consider changing her name before she goes to the interview. Her visa (and green card) will be issued with the name in her passport and I believe some members have updated their passport between NVC DQ and interview without any problems.

 

 

ETA: Meant to write. In my home country and Michigan, I was told I needed to have my new name on the marriage certificate in order for it to qualify as proof of name change.

The signature on the certificate was the name change proof I required. If I had left my name unchanged I would have had to go through the normal process of requesting a name change. You should double check the requirements in your state. It might not be simpler to just change her name after her GC and social security card arrives.

 

A SPOUSE WHO INTENDS TO CHANGE THEIR NAME AFTER MARRIAGE MUST SIGN & PRINT ALL THREE DOCUMENTS WITH THE NAME THEY WILL BE USING AFTER THE WEDDING. (https://www.waynecounty.com/elected/clerk/marriage-license-faqs.aspx)

Edited January 21, 2022 by Kor2USA

[Crazy Cat 41,837]

4 hours ago, Dave Knapp said:

NSC is Nebraska Service Center.  We know that she can change her name in the US, but if it causes a hiccup in the I-130 process, it's probably not worth the risk. To me, it would be simpler to change it after we arrive and the Green Card is issued.  Probably could be handled by the local office.

I would not change the name until she is naturalized in a few years.  Her fears about her maiden name are unwarranted, imo. 

Edited January 21, 2022 by Crazy Cat

[Chancy 6,241]

8 hours ago, Dave Knapp said:

My wife decided to keep her maiden name because the Philippines makes it such a hassle to change it.  She would have had to separately apply and change ( and pay ) for at least 13 different things.  Now she's a little concerned and is thinking of changing it to my name.

 

If your wife wants to change her name, she needs to make the decision before her visa interview.  The name on her green card and her SSN card will be the name on her visa, which will be whatever name is on her Philippine passport at the time of her visa interview.

 

For US immigration, it is perfectly acceptable for the applicant to retain her maiden name.  I did and my visa was approved without any trouble re: my name.  But note that if your wife retains her maiden name, after she arrives in the US, her marriage certificate will not be enough as a legal name change document to update her GC and SSN card.  Both USCIS and SSA policy require that the name change document be dated AFTER the issuance of the latest immigration status document, which is the CR1/IR1 visa in your wife's case.  So her legal name in the US will be the name printed on the visa until she changes her name via state court in the US or as part of her naturalization process.

 

If your wife does decide to use her married name as her legal name prior to her interview, the only requirement is for her to renew her passport in her married name.  And the requirement to change her passport name depends on where her marriage certificate was issued.  If married in the Philippines, she just needs to bring her PSA marriage certificate.  If married abroad, she will need to bring her foreign MC and the PSA ROM document, or the ROM transmittal record, if not yet processed at PSA.  No ROM, no passport name change.  But that's all.  She does not need to apply for 13 different documents.

 

[pushbrk 12,877]

It's my understanding that taking the married name is the law in the Philippines but maybe I'm wrong.  If it's what she WANTS to do, then she just follows whatever the procedure IS.  It will not be a problem with the immigrant visa process.  No need to do anything except use the new name from NVC onward.  The marriage certificate is all you'll need to justify that to US immigration officials but she'll need a passport in the married name before the visa interview.  You have plenty of time to do this.

[Adventine 3,196]

15 minutes ago, pushbrk said:

It's my understanding that taking the married name is the law in the Philippines but maybe I'm wrong.  If it's what she WANTS to do, then she just follows whatever the procedure IS.  It will not be a problem with the immigrant visa process.  No need to do anything except use the new name from NVC onward.  The marriage certificate is all you'll need to justify that to US immigration officials but she'll need a passport in the married name before the visa interview.  You have plenty of time to do this.

 

It is not required for women to change their name after marriage in the Philippines. I retained my maiden name on all my documents even after marriage. I like my maiden name, and I also found changing my name not worth the hassle. 

 

Source: https://pcw.gov.ph/use-of-maiden-name/

 

 

  

16 hours ago, Dave Knapp said:

I'm hoping the corporate wisdom can give us some counsel on this.  My wife decided to keep her maiden name because the Philippines makes it such a hassle to change it.  She would have had to separately apply and change ( and pay ) for at least 13 different things.  Now she's a little concerned and is thinking of changing it to my name.  Does anyone have any thoughts on this? Our petition has been at NSC since Oct 3, 2021.  Thanks in advance.

 

I assume she thinks it is required that she change her name on all of her IDs, government records, bank accounts etc.? Not at all. She can keep all her PH accounts in her maiden name if she wants.

Edited January 21, 2022 by Adventine

[pushbrk 12,877]

4 minutes ago, Adventine said:

 

It is not required for women to change their name after marriage in the Philippines. I retained my maiden name on all my documents even after marriage. I like my maiden name, and I also found changing my name not worth the hassle. 

 

Source: https://pcw.gov.ph/use-of-maiden-name/

 

 

  

 

I assume she thinks it is required that she change her name on all of her IDs, government records, bank accounts etc.? Not at all. She can keep all her PH accounts in her maiden name if she wants.

So then the only thing required to change is the passport.

[Adventine 3,196]

3 minutes ago, pushbrk said:

So then the only thing required to change is the passport.

Yes, and even that is only if she really wants to. 

Edited January 21, 2022 by Adventine

[Dave Knapp 47]

Thanks to everyone for their input.  We are aware that it was lawful for her to retain maiden name. If she had changed it in the Philippines she would have had to update 13 different accounts and IDs with the name change in order for those accounts and IDs to be current and accurate.  That has nothing to do with the USCIS.  The issue at hand is that she is concerned about keeping her maiden name (Abdul) in the US because she hears about anti-Islamic sentiment.  She isn't a Muslim, and she doesn't look the part, but it concerns her and I doubt if anyone can change that.  My thought is to wait until the green card and SS card are issued, go to which ever court has jurisdiction over these things in Florida and petition  the court for a name change.  Then we would take that court order changing her name and get a new green card and s/s card in her married name.  She would deal with all the stuff in the Philippines when/if we go back there. Thanks again for your thoughts on this.