Yet another DS-260 surname question

[From_CAN_2_US 1,106]

We went through exactly the same thing.

 

1. We put married name in the i130

 

2. Wanted to get passport updated to married name before DS-260, but our i130 got approved faster than expected, so when filling DS-260, my passport was still in maiden name. We filled DS-260 in maiden name and put down married name under the other names

 

3. I was able to get a police certificate in both my married and maiden names in Canada. For all the countries I lived in past, I only had police certificates in maiden name and that was ok, because I wasn’t married when living in those countries.

 

4. While waiting for interview, I updated my passport to married name.

 

5. When I went to the interview I took both old passport with maiden name and my new passport in married name and my visa was issued in my married name. My GC will also be in the married name.

 

You can follow the same steps.

 

I understand that you are not able to get police certificate in married name. That’s fine. As @Kor2USA suggested, submit a letter explaining this to NVC. You will likely get documentarily qualified. Meanwhile while waiting for interview, get your wife to update her passport to married name. Then get a police certificate with the married name using this passport. When she goes to interview, she will have both police certificates.

 

Problem solved 😊

 

Don’t worry about being confused about all this. It takes quite a bit of strategising….

Edited February 1, 2022 by From_CAN_2_US

[Thunderbolt 172]

12 hours ago, Kor2USA said:

K-1s are able to change their names and receive a GC under the new married name (using the marriage certificate from the States) and do not have to update their passport. 

Perhaps I-130's undergoing AOS are also able to request GC under married name, but I'm not sure. 

IR-1/CR-1s going through consular processing will receive a visa a GC under the passport name. 

I think this is where the confusion occurs as AOS and consular processing have different rules. 

 

 

I can second that. My wife has her GC under her new name and her passport under her maiden name.

Her SSN and DL are in her new name.

She can't change name on her Thai passport until she registers our marriage in the local amphur.

We have flown last month with the maiden name passport and new name GC, and nobody (including USCBP agent in US) asked us to show marriage certificate (we had it with us anyway).

[Redro 4,611]

1 hour ago, Thunderbolt said:

I can second that. My wife has her GC under her new name and her passport under her maiden name.

Her SSN and DL are in her new name.

She can't change name on her Thai passport until she registers our marriage in the local amphur.

We have flown last month with the maiden name passport and new name GC, and nobody (including USCBP agent in US) asked us to show marriage certificate (we had it with us anyway).

I suppose that's one of the benefits of K1. You can change your name in the US without having to change your passport. For more traditional couples, I can see how that is a plus. 

[pushbrk 12,761]

8 hours ago, Thunderbolt said:

I can second that. My wife has her GC under her new name and her passport under her maiden name.

Her SSN and DL are in her new name.

She can't change name on her Thai passport until she registers our marriage in the local amphur.

We have flown last month with the maiden name passport and new name GC, and nobody (including USCBP agent in US) asked us to show marriage certificate (we had it with us anyway).

In which name was her airline ticket?

[Thunderbolt 172]

Maiden name, like the passport. Her visa to Europe was also in her maiden name.

Actually before going to the EU embassy, I've sent them an email asking which name to use in the application. Passport or GC?

The embassy replied "name on the traveling document, which should passport".

[pushbrk 12,761]

38 minutes ago, Thunderbolt said:

Maiden name, like the passport. Her visa to Europe was also in her maiden name.

Actually before going to the EU embassy, I've sent them an email asking which name to use in the application. Passport or GC?

The embassy replied "name on the traveling document, which should passport".

Thanks.  Just another data point confirming international travel must always be ticketed in the passport name. So, it this married couple's case, they'll travel under different surnames.  Whether that's important to them is up to them.