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

[Walter94 7]

Very helpful, thanks guys

[Walter94 7]

Okay, I have filled out the I-130 and I-130a with her name listed as the one which she will be changing it to very soon, and I have listed her maiden name in the "other names" section.

 

Problem is, all the documents I'm providing with her name on them still show her maiden name. So I'm thinking of adding this explanation to the cover letter:

 

 

"You will notice that my wife’s name appears as “(maiden name)” on some of the documents I have provided. As of today’s date, we are still waiting on the Philippine consulate to process our Report of Marriage (I filed in February, they are currently processing RoMs from January). Once they have processed our RoM, my wife will be able to immediately change her name to (new name, with my last name). By the time this petition is reviewed, her name change should already be complete, and she will obtain a new passport with her new name."

 

 

Should I add this paragraph in my I-130 cover letter just to clarify things? Or no

[seekingthetruth 1,246]

2 hours ago, Walter94 said:

Okay, I have filled out the I-130 and I-130a with her name listed as the one which she will be changing it to very soon, and I have listed her maiden name in the "other names" section.

 

Problem is, all the documents I'm providing with her name on them still show her maiden name. So I'm thinking of adding this explanation to the cover letter:

 

 

"You will notice that my wife’s name appears as “(maiden name)” on some of the documents I have provided. As of today’s date, we are still waiting on the Philippine consulate to process our Report of Marriage (I filed in February, they are currently processing RoMs from January). Once they have processed our RoM, my wife will be able to immediately change her name to (new name, with my last name). By the time this petition is reviewed, her name change should already be complete, and she will obtain a new passport with her new name."

 

 

Should I add this paragraph in my I-130 cover letter just to clarify things? Or no

My wife had 6 total legal names that I listed.  Before we were married, she corrected two errors on her birth certificate, and she was previously married.  I created one document just to explain the name changes!

 

She already had her passport changed to married name quite some time before we filed the I-130.  Get that changed ASAP and she will be fine with what you said above.

 

Also, maybe @Chancy can validate this.  I think I remember that in the Philippines, once you are married, you can start using the married name as a legal name even though you have not yet changed documents or done ROM yet.  This is what my wife told me but we were married in the Philippines and still live here.  My with started changing her name on government documents right away with only the PSA marriage certificate.  Not your situation, but I added just in case.

 

The DFA in Angeles made my wife take CFO before they would change her name on the passport.  I'm fairly certain that is wrong.  We were not moving to the U.S. and CFO is for if you are moving to the U.S., after you get the visa.  CFO Angeles kind of laughed at DFA and did not make her take the seminar, and just gave her the certificate.  There have been a few other reports of DFA offices doing this, so I mentioned it.

Edited April 18, 2022 by seekingthetruth

[top_secret 2,421]

On 4/17/2022 at 5:48 PM, seekingthetruth said:

I think I remember that in the Philippines, once you are married, you can start using the married name as a legal name even though you have not yet changed documents or done ROM yet.  This is what my wife told me but we were married in the Philippines and still live here.  My with started changing her name on government documents right away with only the PSA marriage certificate.  Not your situation, but I added just in case.

 

If you are married in the Philippines ROM does not apply.  That is only for reporting overseas marriages.  Your PSA marriage certificate is the proof of your wife's absolute legal right and entitlement (but not obligation) to use your surname in the Philippines if she wants to.   There is no other legal process required in the Philippines beyond the marriage.  If she intends to use your name it is way better to get the passport changed as soon as possible and before the interview.   We are kind of in the same boat as @Chancy where our immigration case went so fast (yeaaaa!!!!) my wife couldn't get her passport changed in time and now we are stuck with a mountain of new US documents in her maiden name and have assessed that it's to much hassle to worry about now until she files for naturalization.  Changing her passport while our case was ongoing would have been way easier.

[Chancy 6,241]

On 4/17/2022 at 7:48 PM, seekingthetruth said:

I think I remember that in the Philippines, once you are married, you can start using the married name as a legal name even though you have not yet changed documents or done ROM yet.

 

Correct -- in the Philippines, women have the option to use their married name immediately after marriage, whether they completed ROM or not.  But whether they can get IDs with their married name is another matter.  As far as I know, only DFA passport application is strict with the requirement for ROM documents for those married abroad, when applying with married name.  When I applied for my new NBI clearance, I didn't present any ID with my married name, even though the clearance itself requires listing my husband's surname with my name.  I have no recent experience with other agencies/companies as I didn't bother changing my other Philippine IDs.  Here in the US though, the DMV, our credit union, our banks accepted only my maiden name as listed on my SSN card and GC, even when I presented my US marriage certificate.