How should I handle my wife unofficially changing her last name before immigration?

[Walter94 7]

I married my Filipina wife through Utah Zoom marriage in Dec 2021. She has not legally changed her name yet, but she is planning to take my last name once the whole immigration process has been done.

 

However, she is already using my last name on her social media accounts. The I-130 form has a section for "other names used", including aliases and nicknames.

 

In that "other names" section, I'm thinking of using her nickname as her first name (which she has already been using for a long time now), for her middle name I will enter her maiden name, and for her last name I will enter my last name. I can then add an explanation in the "additional information" section on the last page, and say that she has not legally changed her name yet but will do so once she is in the United States.

 

Does this seem like a good way to go? Or could there be problems with doing this.

 

Thanks

[pushbrk 12,877]

11 minutes ago, Walter94 said:

I married my Filipina wife through Utah Zoom marriage in Dec 2021. She has not legally changed her name yet, but she is planning to take my last name once the whole immigration process has been done.

 

However, she is already using my last name on her social media accounts. The I-130 form has a section for "other names used", including aliases and nicknames.

 

In that "other names" section, I'm thinking of using her nickname as her first name (which she has already been using for a long time now), for her middle name I will enter her maiden name, and for her last name I will enter my last name. I can then add an explanation in the "additional information" section on the last page, and say that she has not legally changed her name yet but will do so once she is in the United States.

 

Does this seem like a good way to go? Or could there be problems with doing this.

 

Thanks

Unofficial names used on social media accounts are not entered in other names field.  It's for official names.  In actuality, if she's planning to use a married name in the future, she should go ahead and at least get a passport in the married name.  Once she does that, her visa and green card will be in that name.  When you file the I-130, go ahead and use the married name, even if she doesn't have the new passport or ANY passport yet.  Waiting until the process is over will complicate the name change greatly.  

 

Your plan will work, but far more complications with doing it that way.

[Family 3,988]

24 minutes ago, Walter94 said:

 

However, she is already using my last name on her social media accounts. The I-130 form has a section for "other names used", including aliases and nicknames.

You are correct in listening any AKA’s as she uses them on social media..and as her name appears on any paper evidence ( receipts, leases ..) you send in with your application. It is not uncommon for first or last names to differ on school records, birth records, day to day transaction paper trails ..

 

Unless she changes her Passport before getting to NVC, her IV visa and green card will be issued in her maiden name…

[pushbrk 12,877]

19 minutes ago, pushbrk said:

Unofficial names used on social media accounts are not entered in other names field.  It's for official names.  In actuality, if she's planning to use a married name in the future, she should go ahead and at least get a passport in the married name.  Once she does that, her visa and green card will be in that name.  When you file the I-130, go ahead and use the married name, even if she doesn't have the new passport or ANY passport yet.  Waiting until the process is over will complicate the name change greatly.  

 

Your plan will work, but far more complications with doing it that way.

Just adding that if you have not yet traveled to the Philippines to be together in person AFTER the Utah marriage, you must do that BEFORE you file the I-130.

[pushbrk 12,877]

1 hour ago, Family said:

You are correct in listening any AKA’s as she uses them on social media..and as her name appears on any paper evidence ( receipts, leases ..) you send in with your application. It is not uncommon for first or last names to differ on school records, birth records, day to day transaction paper trails ..

 

Unless she changes her Passport before getting to NVC, her IV visa and green card will be issued in her maiden name…

Sorry, but social media handles are not other names used.  At the DS260 stage, she will be asked for social media information.  Airam aicrag is not another name used by Maria Garcia.  It's just a "handle" or FB name etc.  Example is common to spell name backwards or other variation.  If there has been an actual name change, legally, or by marriage, that's what you enter as "other names used".

[Chancy 6,241]

19 hours ago, Walter94 said:

She has not legally changed her name yet, but she is planning to take my last name once the whole immigration process has been done.

 

I'm a Filipina with a US marriage certificate and foolishly waited until the last minute to research the requirements to legally use my married name.  Now I'm stuck with using my maiden name here in the US until I get US citizenship or I file for name change in state court.  If your wife wants to use her married name immediately in her IDs and accounts in the US, I strongly recommend that she initiate the process ASAP to get a PH passport in her married name.  That means filing for Report of Marriage (ROM) and booking an appointment for passport renewal.  Do not wait until after she completes her visa process.

 

[Family 3,988]

22 hours ago, Walter94 said:

In that "other names" section, I'm thinking of using her nickname as her first name (which she has already been using for a long time now), for her middle name I will enter her maiden name, and for her last name I will enter my last name. I can then add an explanation in the "additional information" section on the last page, and say that she has not legally changed her name yet but will do so once she is in the United States.

Your assessment and plan of action is excellent at the I-130 stage . Nicknames are aliases , but most important is for you and your wife not to worry about her enthusiasm on becoming Your Mrs. At the NVC / DS-260 stage they actually ask for social media USERNAME aka HANDLE…and I doubt anyone ever volunteers their VJ username/ monicker…or a young Richard volunteering that bullies call him #######. 
 

Attaching a few links Re alias : 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html
 

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20110121
 

 

 

[pushbrk 12,877]

1 hour ago, Family said:

Your assessment and plan of action is excellent at the I-130 stage . Nicknames are aliases , but most important is for you and your wife not to worry about her enthusiasm on becoming Your Mrs. At the NVC / DS-260 stage they actually ask for social media USERNAME aka HANDLE…and I doubt anyone ever volunteers their VJ username/ monicker…or a young Richard volunteering that bullies call him #######. 
 

Attaching a few links Re alias : 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html
 

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20110121
 

 

 

Actually, while the OP's plan is POSSIBLE it is not a good plan.  If you enter the married name on the I-130 as her "name" in the present tense, it is OK that she hasn't changed it yet.  However, the visa and green card will be issued in the name that is on her passport presented at the interview.  If that is not in the married name, it will be much more complicated to change it later in the USA.

 

Like I said earlier, the only Philippines document that needs to be changed is her passport, but she'll also need an NBI report that searches both maiden and married names.

 

Unless she has a very good reason to delay the name change, that trumps common sense best practices, she should get the passport in married name, ASAP.

 

Here's an example.  She has a passport in maiden name, and after she requests a name change and receives a new green card in the married name, she wants to return to the P I or any international travel, tickets will need to be in the passport/maiden name.  She will then need to carry and show her passport in maiden name, Green Card in Married Name and PSA marriage certificate to airline and customs/immigration authorities each time she presents ID.  

[Family 3,988]

4 hours ago, Chancy said:

I'm a Filipina with a US marriage certificate and foolishly waited until the last minute to research the requirements to legally use my married name.  Now I'm stuck with using my maiden name here in the US until I get US citizenship or I file for name change

Your US marriage certificate should have been sufficient to file for new I-90 claim your married name . ( no time frame req , just paying new fee). Did they reject it? 

[pushbrk 12,877]

11 hours ago, Family said:

Your US marriage certificate should have been sufficient to file for new I-90 claim your married name . ( no time frame req , just paying new fee). Did they reject it? 

Can't answer for her but even a green card in the married name means all international travel must be booked in the passport name, and the marriage certificate must be presented WITH the green card each time.

[Chancy 6,241]

12 hours ago, Family said:

Your US marriage certificate should have been sufficient to file for new I-90 claim your married name .

 

Not accurate, according to the I-90 form instructions.  The I-90 requires proof of legal name change dated after the GC issuance.  CR1/IR1 immigrants, like me, obviously have marriage certificates that are dated prior to the GC issue date, so those certificates are not sufficient for the I-90 in our case.  It's an annoyance to not be able to use my married name in my documents right now, but it's not such a big deal that I would risk losing the filing fee in case USCIS actually follows their own instructions.

 

[Family 3,988]

1 hour ago, Chancy said:

but it's not such a big deal that I would risk losing the filing fee in case USCIS actually follows their own instructions.

I love your attitude and good humor.

My experience  has been that they accept marriage certificates to change to married name ( at any time). In the few instances of RFE , a reference to the complicated conundrum ( USCIS/ NVC and country specific hurdles of passport updates) ..solved their dilemma. But changes do happen quickly w USCIS, so I look forward to seeing if others have been accepted/ rejected. 

Thank you for replying 

[Walter94 7]

On 4/2/2022 at 6:17 PM, pushbrk said:

Unofficial names used on social media accounts are not entered in other names field.  It's for official names.  In actuality, if she's planning to use a married name in the future, she should go ahead and at least get a passport in the married name.  Once she does that, her visa and green card will be in that name.  When you file the I-130, go ahead and use the married name, even if she doesn't have the new passport or ANY passport yet.  Waiting until the process is over will complicate the name change greatly.  

 

Your plan will work, but far more complications with doing it that way.

Thanks for the advice in this thread.

 

My wife does have a passport already, but it's in her maiden name. If I file the petition now while her legal name change is still pending, then wouldn't it create problems? The I-130 form asks for her passport number; I would be entering her current one, and by the time her case is reviewed by USCIS, she would already have a different passport.

Edited April 6, 2022 by Walter94

[Redro 4,611]

8 minutes ago, Walter94 said:

Thanks for the advice in this thread.

 

My wife does have a passport already, but it's in her maiden name. If I file the petition now while her legal name change is still pending, then wouldn't it create problems? The I-130 form asks for her passport number; I would be entering her current one, and by the time her case is reviewed by USCIS, she would already have a different passport.

It doesn't matter if your wife changes her passport while I-130 is pending. Others have done it before. 

And IIRC, one member changed her passport after submitting the DS260. 

The passport that counts is the one she submits at the interview. 

Edited April 6, 2022 by Kor2USA

[pushbrk 12,877]

16 minutes ago, Kor2USA said:

It doesn't matter if your wife changes her passport while I-130 is pending. Others have done it before. 

And IIRC, one member changed her passport after submitting the DS260. 

The passport that counts is the one she submits at the interview. 

Correct answer.  I would not have advised filing now and changing the passport name later, if it would create a problem.