Changing surname

[millefleur 5,048]

28 minutes ago, Bluestraveler49 said:

So are you saying that there is an interview required for for I 751? We weren't aware of that.

In most cases, yes. They interview CR-1 visa holders how during the I-751 process. Apparently it didn't used to be like this but at least since 2019, ROC interviews for CR-1 visa holders are the norm.

[SalishSea 18,376]

5 hours 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. 

Legal evidence of name change is simply the marriage certificate, which will have both names.

[SalishSea 18,376]

3 hours ago, SteveInBostonI130 said:

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.

In my state, marriage certificates do not demarcate "legal name after marriage."  It simply says Jane Doe married John Smith.  Now, if Jane wants to begin using Smith as a surname, the marriage certificate is the ONLY document needed.  

 

I am a USC and I changed my surname to my husband's.  The marriage certificate was the only document needed for my SS card, passport, etc, as well as subsequent documentation for our ROC.

[SalishSea 18,376]

2 hours 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. 

I'm sure this is the case because of states like mine, where marriage certificates do not define the post-marriage name choice at all - only the surnames both parties came to the wedding with.

[Scandi 4,249]

6 hours ago, Bluestraveler49 said:

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?

Almost "anything" can be changed at the actual interview even if you filled out different information on the actual form, I too have had a name change (maiden to married) done at a "greencard interview". 

 

Looks like she entered on a spousal visa which means she has never been interviewed by USCIS before - so she is very likely to get an interview for her i-751. A name change on her greencard (her taking your surname) shouldn't be any issues at all and the marriage certificate is proof of name change (no matter if it displays her married name or not). 

[Scandi 4,249]

5 hours ago, Jorgedig said:

I'm sure this is the case because of states like mine, where marriage certificates do not define the post-marriage name choice at all - only the surnames both parties came to the wedding with.

Yes, many states don't have a field for "name change" on the license or certificate, but the name change is just as legal as if it did.

 

To make it slightly less confusing for everyone all licenses and certificates should have the field at the bottom of the page that asks about name after getting married, no reason not to add it and many states have it. Like I said, it wouldn't change anything legally, but it would make things less confusing for many, I believe.

[Bluestraveler49 2]

1 hour ago, Scandi said:

Almost "anything" can be changed at the actual interview even if you filled out different information on the actual form, I too have had a name change (maiden to married) done at a "greencard interview". 

 

Looks like she entered on a spousal visa which means she has never been interviewed by USCIS before - so she is very likely to get an interview for her i-751. A name change on her greencard (her taking your surname) shouldn't be any issues at all and the marriage certificate is proof of name change (no matter if it displays her married name or not). 

We did have an interview for her original 2 year spousal visa, in her home country at the US Embassy. It was cut and dry, but asked the necessary questions. Where are the ROC interviews for the I-751 process usually conducted?

[Bluestraveler49 2]

After calling USCIS today and explaining our situation, they suggested that I write a letter to the National Benefit Center. She did not give any particular address to send it to, but a Google search turns up a Missouri address. She said the letter will go in the file and will initiate the name change. If that does not work I will try one of the other methods you all have suggested. Thanks!

[Scandi 4,249]

22 minutes ago, Bluestraveler49 said:

We did have an interview for her original 2 year spousal visa, in her home country at the US Embassy. It was cut and dry, but asked the necessary questions. Where are the ROC interviews for the I-751 process usually conducted?

The embassy is not USCIS (DOS vs DHS). She has not been interviewed by USCIS before so she will with 99% certanty have an interview for her i-751. 

 

The interview will be at her local field office. You can search for field offices by zip code on USCIS website.

[Scandi 4,249]

20 minutes ago, Bluestraveler49 said:

After calling USCIS today and explaining our situation, they suggested that I write a letter to the National Benefit Center. She did not give any particular address to send it to, but a Google search turns up a Missouri address. She said the letter will go in the file and will initiate the name change. If that does not work I will try one of the other methods you all have suggested. Thanks!

I sent a letter back in the day regarding my name change too, it didn't do anything about my issue. The letter did however eventually reach my A-file and ended up on the table of the officer who interviewed me. So the letter itself didn't make a difference in my case, it still had to be done at the actual interview (one of the reasons I was very happy to have gotten an interview, back then a lot of interviews were waived for us K-1ers).

 

So while you can certainly send a letter, don't expect it to have an impact. It CAN, but it's far from a guarantee.

[Villanelle 4,122]

4 hours ago, Bluestraveler49 said:

After calling USCIS today and explaining our situation, they suggested that I write a letter to the National Benefit Center. She did not give any particular address to send it to, but a Google search turns up a Missouri address. She said the letter will go in the file and will initiate the name change. If that does not work I will try one of the other methods you all have suggested. Thanks!

Send your letter to both the address you mailed your package to and to your local office. You can find your local office on the USCIS website by entering your zip code. If you get selected for an interview that's where it will be. You will need the NOA to submit your letter so they can find your case. Don't send a new 751 form, it will only cause confusion. Simply send a basic letter asking for the change to be made to your pending 751,provide the NOA number and make sure the letter is signed in ink by both of you. It's her petition but since it's a joint petition you can both sign the letter. 

 

Majority of the time they get the letter and will change it but no guarantees. If they fail to update the name and you don't get any Rfes or interview where you can repeat the request and or confirm it and the card is issued under the old name you will have to either pay to reissue it with the new name or change it at n400.

[SalishSea 18,376]

17 hours ago, Scandi said:

Almost "anything" can be changed at the actual interview even if you filled out different information on the actual form, I too have had a name change (maiden to married) done at a "greencard interview". 

 

Looks like she entered on a spousal visa which means she has never been interviewed by USCIS before - so she is very likely to get an interview for her i-751. A name change on her greencard (her taking your surname) shouldn't be any issues at all and the marriage certificate is proof of name change (no matter if it displays her married name or not). 

Yes, many states don't have a field for "name change" on the license or certificate, but the name change is just as legal as if it did.

 

To make it slightly less confusing for everyone all licenses and certificates should have the field at the bottom of the page that asks about name after getting married, no reason not to add it and many states have it. Like I said, it wouldn't change anything legally, but it would make things less confusing for many, I believe.

 

 

Possibly because at the time of the wedding, some people are undecided as to which name they want to use going forward.

Edited February 8, 2022 by Jorgedig

[Bluestraveler49 2]

2 hours ago, Jorgedig said:

 

Yes, many states don't have a field for "name change" on the license or certificate, but the name change is just as legal as if it did.

 

To make it slightly less confusing for everyone all licenses and certificates should have the field at the bottom of the page that asks about name after getting married, no reason not to add it and many states have it. Like I said, it wouldn't change anything legally, but it would make things less confusing for many, I believe.

 

 

Possibly because at the time of the wedding, some people are undecided as to which name they want to use going forward.

We were married outside the United States so translation was more of the issue here. We got a copy in English and one in the local tongue and found out that this is just how it's conducted in that country. When we asked the clerk/ notary to change it they told us it wasn't possible. So we were stuck with what we got at the time in order to get the ball rolling on the visa.

[SalishSea 18,376]

7 hours ago, Bluestraveler49 said:

We were married outside the United States so translation was more of the issue here. We got a copy in English and one in the local tongue and found out that this is just how it's conducted in that country. When we asked the clerk/ notary to change it they told us it wasn't possible. So we were stuck with what we got at the time in order to get the ball rolling on the visa.

If both names appear on the marriage certificate, that will likely be the name change document recognized in the US going forward.