CR-1 Passport Name

[carlmojics 0]

I will file my spouse’s petition CR-1 immediately after we received the marriage certificate, however, her passport is still in maiden name. Can I file my petition and submit the existing Philippines passport (with her maiden name)? Or should we wait  and request for her new Philippines passport (with married name) to be release?

[arken 4,197]

You don't need the passport or its info of your spouse to file the petition unless she is currently in the US. You can file the petition in her married name if she is planning to apply for her new passport under married name. 

[pushbrk 12,883]

5 hours ago, arken said:

You don't need the passport or its info of your spouse to file the petition unless she is currently in the US. You can file the petition in her married name if she is planning to apply for her new passport under married name. 

File in her maiden name, yes.  However the passport information IS DEFINITELY asked for on the petition.  It's just no problem to change it later.  Best to deal with the change ASAP and before petition approval, so the new passport information and scan can be used at NVC stage.

[arken 4,197]

2 hours ago, pushbrk said:

However the passport information IS DEFINITELY asked for on the petition. 
 

 

Yes it is asked but one needs to provide the info of the passport that has been used to travel to the US. If the beneficiary has never travelled to the US, no need to provide any passport info. 
 

Even if she had travelled before, it is still advised for OP to file the petition using her married name if they plan to apply for new passport.

[pushbrk 12,883]

Just now, arken said:

 

Yes it is asked but one needs to provide the info of the passport that has been used to travel to the US. If the beneficiary has never travelled to the US, no need to provide any passport info. 
 

Even if she had travelled before, it is still advised for OP to file the petition using her married name if they plan to apply for new passport.

Sorry, but you need to read that section of the I-130 again, carefully.  If the foreigner HAS a passport, the information is required to be provided.  

 

Page 7 number 45 indicates you do not need to answer 46 A through D if not in the USA.  Passport information starts at item 47 through item 50.  Details matter.  Read carefully.

[arken 4,197]

11 hours ago, pushbrk said:

Sorry, but you need to read that section of the I-130 again, carefully.  If the foreigner HAS a passport, the information is required to be provided.  

 

Page 7 number 45 indicates you do not need to answer 46 A through D if not in the USA.  Passport information starts at item 47 through item 50.  Details matter.  Read carefully.

I guess this is the time to apply own recommendation of being "A" student by reading the instructions cuz it says otherwise.

 

I130 instructions: 

Passport and Travel Document Numbers. Complete Part 4., Item Numbers 45. - 50., as applicable, if the beneficiary relative used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the petition, even if the passport or travel document is currently expired.

 

 

 

[DennisMN 12]

Just speaking from our own experience.  We did the CR1 path and after we were married in the Philippines, we got our official marriage license and applied for a new Philippine passport with her married name.  It worked nice that way for us.

[Redro 4,611]

22 hours ago, carlmojics said:

I will file my spouse’s petition CR-1 immediately after we received the marriage certificate, however, her passport is still in maiden name. Can I file my petition and submit the existing Philippines passport (with her maiden name)? Or should we wait  and request for her new Philippines passport (with married name) to be release?

Apply with the maiden name or married. Apply for her new passport while you wait for I-130 NOA2. Use new name for DS260. If new passport does not arrive before you have to fill out DS260 then take new passport to the interview. 

Be aware they might expect you to show any and all official/ government names listed in the forms on the police background checks. If your wife has not officially changed her name that might pose a problem. So, it's probably safest to only list her maiden name until she officially changes her name in the Philippines.

@From_CAN_2_US went through this process recently

 

 

Edited February 10, 2022 by Kor2USA

[pushbrk 12,883]

10 hours ago, arken said:

I guess this is the time to apply own recommendation of being "A" student by reading the instructions cuz it says otherwise.

 

I130 instructions: 

Passport and Travel Document Numbers. Complete Part 4., Item Numbers 45. - 50., as applicable, if the beneficiary relative used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the petition, even if the passport or travel document is currently expired.

 

 

 

Complete 45 - 50 as applicable.  If not in the USA the information before the passport number is not applicable.  If the beneficiary used a passport to enter the USA AND is in the USA now, you enter that information even if the passport is expired.  Otherwise, literal interpretation of the question indicates it is correct to enter the information about the passport.  That said, you can file an I-130 for a beneficiary that has not yet ever had a passport.  In that case, you leave it blank.  As such, lots of people think it's proper to leave those questions blank, and I've never heard of an RFE for that in a visa case.  

 

In the context of this current topic, I'm also saying that it doesn't matter if a different passport and passport name are used at the NVC stage.  Can they get away with leaving the passport information blank?  I think so, but I also KNOW it will hurt nothing to provide the information. 

[arken 4,197]

1 hour ago, pushbrk said:

In the context of this current topic, I'm also saying that it doesn't matter if a different passport and passport name are used at the NVC stage.  Can they get away with leaving the passport information blank?  I think so, but I also KNOW it will hurt nothing to provide the information.

Completely agreed.