Changing surname

[Bluestraveler49 2]

My wife had submitted her I-751 form last week in hopes of attaining her IR-1 green card. When we were married, her maiden name was put on the marriage certificate due to local ordinance. Therefore, when I applied for her CR-1 visa, I had to put this name on the application. She would like to change her surname to match mine. Is there a process or form by which we could do this in conjunction with her I-751? Any help is appreciated.

[Crazy Cat 42,033]

1 hour ago, Bluestraveler49 said:

Therefore, when I applied for her CR-1 visa, I had to put this name on the application.

This is not accurate.  USCIS accepts any combination of the names on a legal marriage certificate when applying for immigration benefits.  You could have entered her married name on the original petition.

 

https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

Edited February 7, 2022 by Crazy Cat

[Crazy Cat 42,033]

I would wait until she becomes a US citizen.  She can easily change her name then.

[arken 4,197]

1 hour ago, Bluestraveler49 said:

My wife had submitted her I-751 form last week in hopes of attaining her IR-1 green card.

Only if you have asked about it last week.
 

Your wife could still have used the married name for i751 and she would have received the 10 yr GC under married name. Now that it's filed, two options.

 

1. Use married name during N400, free name change.

2. Apply for new GC under married name at a cost of ~ $500 once i751 is approved .

 

Name change during n400 is recommended.

Edited February 7, 2022 by arken

[SteveInBostonI130 3,477]

I think the issue here is not that USCIS would not accept the married name, but that the local courthouse would not let her take her husband's name on the marriage certificate.

 

Therefore, she had no legal proof to submit to USCIS. 

[Crazy Cat 42,033]

5 minutes ago, SteveInBostonI130 said:

I think the issue here is not that USCIS would not accept the married name, but that the local courthouse would not let her take her husband's name on the marriage certificate.

 

Therefore, she had no legal proof to submit to USCIS. 

Read the USCIS information..... She could have used "any form of either" name on the marriage certificate.  She could have submitted the USCIS paperwork with any combination of her and her spouse's name....regardless if only her maiden name was on the marriage certificate.

 

Marriager certificate says "John Smith married Jane Doe".   USCIS paperwork could be filed with her name as "Jane Smith"....

Edited February 7, 2022 by Crazy Cat

[arken 4,197]

8 minutes ago, SteveInBostonI130 said:

I think the issue here is not that USCIS would not accept the married name, but that the local courthouse would not let her take her husband's name on the marriage certificate.

 

Therefore, she had no legal proof to submit to USCIS. 

Some rumor/confusion is if the marriage certificate says John Smith and Jane Doe are married, one cannot use Jane Smith. People think the marriage certificate has to list Jane Smith. Even in my country you can't use the married name on the marriage certificate because like above, Jane Smith never married John Smith, Jane Doe did.  So marriage certificate lists the actual names when they married.

 

As said one can use married name anytime during initial petition (i130) or during i485 or DS260, during i751 or during N400.

Edited February 7, 2022 by arken

[SteveInBostonI130 3,477]

1 minute ago, Crazy Cat said:

Read the USCIS information..... She could have used "any form of either" name on the marriage certificate.  She could have submitted the USCIS paperwork with any combination of her and her spouse's name....

But the second sentence states that requestors must submit legal documentation to show the name used is the legal name.  That sentence is not clear-cut.  The previous sentence states "legal married name (spouse's surname)".  From my interpretation, I see it as the spouse surname taken on and documented in the marriage certificate vs having to get a legal name change document.

 

14 minutes ago, arken said:

Some rumor/confusion is if the marriage certificate says John Smith and Jane Doe are married, one cannot use Jane Smith. People think the marriage certificate has to list Jane Smith. Even in my country you can't use the married name on the marriage certificate because like above, Jane Smith never married John Smith, Jane Doe did.

 

As said one can use married name anytime during initial petition (i130) or during i485 or DS260, during i751 or during N400.

 

In our marriage certificate, it lists Jane Doe and John Smith as the 2 parties marrying.  Below, it lists John Smith, then "Surname after marriage", with Smith.  For my wife, it shows Jane Doe, with "Surname after marriage" as "Doe".  In our case my wife did not take my last name, but it would be "Smith" if she did.

 

I am assuming that is what USCIS means, but I may be wrong.  I wish they showed a clear example.

[Crazy Cat 42,033]

39 minutes ago, SteveInBostonI130 said:

But the second sentence states that requestors must submit legal documentation to show the name used is the legal name.

and it lists a civil marriage certificate as that documentation.   "any form of either"  is pretty clear to me.  

[SteveInBostonI130 3,477]

I read "any form of either" as the legal name desired: Jane Doe, Jane Doe-Smith, Jane Smith.    But the "legal documentation" portion would need to state that on the marriage certificate as the Surname after marriage:  Doe, Doe-Smith, or Smith.

 

But I understand your point of view as well.  As I mentioned, I wish they posted examples of what is acceptable and what is not.

[arken 4,197]

46 minutes ago, SteveInBostonI130 said:

But the "legal documentation" portion would need to state that on the marriage certificate as the Surname after marriage:

The fact that uscis doesn't say the legal document would need to state the surname after marriage implies the marriage certificate showing maiden names is itself sufficient for whatever married name one wants to use for immigration benefit. 

A MC stating John Smith and Jane Doe marrying is sufficient for all of following:

1. John Doe

2. John Smith-Doe

3. John Smith

4. Jane Doe

5. Jane Smith

6. Jane Doe-Smith

for whichever party wants to change it to married name anytime in their immigration history.

 

 

 

[Crazy Cat 42,033]

25 minutes ago, arken said:

The fact that uscis doesn't say the legal document would need to state the surname after marriage implies the marriage certificate showing maiden names is itself sufficient for whatever married name one wants to use for immigration benefit. 

A MC stating John Smith and Jane Doe marrying is sufficient for all of following:

1. John Doe

2. John Smith-Doe

3. John Smith

4. Jane Doe

5. Jane Smith

6. Jane Doe-Smith

for whichever party wants to change it to married name anytime in their immigration history.

 

 

 

That is my interpretation as well.  

[Villanelle 4,122]

2 hours ago, arken said:

Only if you have asked about it last week.
 

Your wife could still have used the married name for i751 and she would have received the 10 yr GC under married name. Now that it's filed, two options.

 

1. Use married name during N400, free name change.

2. Apply for new GC under married name at a cost of ~ $500 once i751 is approved .

 

Name change during n400 is recommended.

3rd option, no guarantee to work-

Send a letter to the service center you mailed your package to including a copy of the NOA requesting an edit to the original form changing the surname field. Explain how you misunderstood and would like the GC to be issued in married name. You won't get any response back, they will either make the change or they don't. If you get any RFES you can also include the request with the response. You can also request such in the interview if there is one but may be told at the interview it's too late for changes.

 

Option 4. If payment hasn't been cashed and no NOA yet you can stop payment and the package will be rejected so you can file again. Do not consider option 4 if you won't have enough time to refile before the card expires.

[Bluestraveler49 2]

1 hour ago, Villanelle said:

3rd option, no guarantee to work-

Send a letter to the service center you mailed your package to including a copy of the NOA requesting an edit to the original form changing the surname field. Explain how you misunderstood and would like the GC to be issued in married name. You won't get any response back, they will either make the change or they don't. If you get any RFES you can also include the request with the response. You can also request such in the interview if there is one but may be told at the interview it's too late for changes.

 

Option 4. If payment hasn't been cashed and no NOA yet you can stop payment and the package will be rejected so you can file again. Do not consider option 4 if you won't have enough time to refile before the card expires.

So are you saying that there is an interview required for for I 751? We weren't aware of that. Also, the form was mailed to a USCIS lockbox in Illinois, not a service center like the original visa. Since payment has already been cashed, I assume option 4 will not work, yet we have not received NOA yet either. So must we wait on this before requesting change? No use calling as with NVC right?

[Crazy Cat 42,033]

Just now, Bluestraveler49 said:

So are you saying that there is an interview required for for I 751?

If the immigrant entered via a CR-1, there will be an interview for the I-751.....