Legal Name Change Stress!

[llcoolwil 99]

Hi all!

 

Okay so I am stressing out. I'm the beneficiary and we applied for the visa in less than a week after we got married. I thought I had done a bunch of research about name changes and was under the impression that I should apply for the visa in the same name that all my docs (passport, drivers licence etc) is in which was my maiden name and then come time for the interview, I would be able to bring my old passport with the maiden name and new passport with the new married name to confirm the name change and the old docs they had on file.

 

I still have not changed my last name legally but I wanted to. And now I'm hearing that I should have applied for my I-130 with my married name even though none of my documents would have matched name-wise. I'm still only in the NOA1 stage so I don't quite know where to go from here. 

 

Thanks so much in advance everyone. I am really stressed out about it.

[Redro 4,611]

Are you the beneficiary or the petitioner? 

 

For the I-130, the name the beneficiary uses doesn't matter (as long as it is their legal name). 

If you haven't changed your name yet it is good you applied under the maiden name. 

Change your name, update your passport and when you fill out the DS260 use the name on your passport. 

If you haven't received updated passport before DS260 is submitted you can take the new passport to the interview. 

The visa issued has to match the name on passport.

@From_CAN_2_US just went through the experience.

[llcoolwil 99]

Just now, Kor2USA said:

Are you the beneficiary or the petitioner? 

 

For the I-130, the name the beneficiary uses doesn't matter (as long as it is their legal name). 

If you haven't changed your name yet it is good you applied under the maiden name. 

Change your name, update your passport and when you fill out the DS260 use the name on your passport. 

If you haven't received updated passport before DS260 is submitted you can take the new passport to the interview. 

The visa issued has to match the name on passport.

@From_CAN_2_US just went through the experience.

I'm the beneficiary! Okay phew. We aren't even beyond of the NOA1 stage. Thank so so much for this! I was having a heart attack over here! 

[llcoolwil 99]

@From_CAN_2_US - I would love to hear about your experience if you don't mind.

[Redro 4,611]

Just now, llcoolwil said:

I'm the beneficiary! Okay phew. We aren't even beyond of the NOA1 stage. Thank so so much for this! I was having a heart attack over here! 

It's all about the passport when going through the consulate. 

Some people like to put their married name on the I-130 even if they haven't changed all their documentation. 

And it doesn't matter if you put your married name on the DS260 if you haven't updated your passport. The visa will be issued under the passport name.

People get tripped up because the process is different when you adjust status. 

[pushbrk 12,898]

4 minutes ago, llcoolwil said:

I'm the beneficiary! Okay phew. We aren't even beyond of the NOA1 stage. Thank so so much for this! I was having a heart attack over here! 

It is neither advisable or not for the spouse taking a married name to use their birth name or married name on the I-130.  But, if they want to use a married name going forward, it is best to get the new ID or at least the passport changed ASAP.  Best time to start using the married name in this case is by the NVC stage.  Plenty of time to change the passport before then.  It would also have been ok to use the married name on the I-130 even if no action to change any ID had occurred yet.

Either way, as long as you get the passport in the married name before the interview and visa issue, this whole topic is a non-issue.

 

[llcoolwil 99]

1 minute ago, pushbrk said:

It is neither advisable or not for the spouse taking a married name to use their birth name or married name on the I-130.  But, if they want to use a married name going forward, it is best to get the new ID or at least the passport changed ASAP.  Best time to start using the married name in this case is by the NVC stage.  Plenty of time to change the passport before then.  It would also have been ok to use the married name on the I-130 even if no action to change any ID had occurred yet.

Either way, as long as you get the passport in the married name before the interview and visa issue, this whole topic is a non-issue.

 

Thank you so much! I appreciate your insight. Goodness. I am so on edge about doing everything perfectly that I was quite panicked. We just got our NOA1 on March 3 so I have a ways to go I think. I have a trip booked with all my plane tickets and such under my maiden name for May so I'm hoping to change it all once I get back from there. I don't want any problems at customs with the name change. 

[pushbrk 12,898]

1 minute ago, llcoolwil said:

Thank you so much! I appreciate your insight. Goodness. I am so on edge about doing everything perfectly that I was quite panicked. We just got our NOA1 on March 3 so I have a ways to go I think. I have a trip booked with all my plane tickets and such under my maiden name for May so I'm hoping to change it all once I get back from there. I don't want any problems at customs with the name change. 

Correct, your tickets will be void if you present a passport with a different name.  Start the change AFTER the already ticketed trip.

[llcoolwil 99]

5 minutes ago, pushbrk said:

Correct, your tickets will be void if you present a passport with a different name.  Start the change AFTER the already ticketed trip.

Thanks for confirming that my thoughts are correct. Such a great help and a major stress reducer. Thank you again!