Last Name Change on I-130

[Mahzee 0]

I'm currently filling out the information on I-130 form for my immigrant spouse. On our marriage certificate, we kept our last names (she kept her family last name and I kept mine). Going forward, she wants her last name as my last name and make her Current last name as her middle name. So, should we file with these changes or would this cause an issue? Everywhere I looked online, it says we can file that way, as the marriage certificate will be the proof. What I was wondering was, are those changes suppose to take place on the marriage certificate itself first before you can provide it as proof on an I-130 form? 

 

Example: 

My First and Last Name on marriage certificate: Joe Smith

Wife's Current First and Last Name on Marriage Certificate: Susan Brown

Wife's First, Middle, and Last Name that will be filed on I-130: Susan Brown Smith

Edited April 11, 2022 by Mahzee

[Mahzee 0]

Also, might I add that her current foreign passport also has her own family name on it, not my last name.  We just want her green card and passport in the future to have all these changes. 

Edited April 11, 2022 by Mahzee

[Mike E 11,742]

36 minutes ago, Mahzee said:

Also, might I add that her current foreign passport also has her own family name on it, not my last name.  We just want her green card and passport in the future to have all these changes. 

Seems she should get her passport fixed then.  

[Chancy 6,243]

*** Moved from K3 Process & Procedures to IR1/CR1 Process & Procedures ***

 

4 hours ago, Mahzee said:

We just want her green card and passport in the future to have all these changes.

 

Her immigrant visa and green card will list the name on her passport to be submitted at the visa interview, regardless of the name used on the petition.  So she should get a new passport listing the name that she wants.

 

[pushbrk 13,133]

6 hours ago, Mahzee said:

I'm currently filling out the information on I-130 form for my immigrant spouse. On our marriage certificate, we kept our last names (she kept her family last name and I kept mine). Going forward, she wants her last name as my last name and make her Current last name as her middle name. So, should we file with these changes or would this cause an issue? Everywhere I looked online, it says we can file that way, as the marriage certificate will be the proof. What I was wondering was, are those changes suppose to take place on the marriage certificate itself first before you can provide it as proof on an I-130 form? 

 

Example: 

My First and Last Name on marriage certificate: Joe Smith

Wife's Current First and Last Name on Marriage Certificate: Susan Brown

Wife's First, Middle, and Last Name that will be filed on I-130: Susan Brown Smith

Joe Smith married Susan Brown.  He did not marry Susan Brown Smith.  Typically, marriage certificates do not contain married names because the marriage happened moments ago.  She should use the name she wishes to use, and change at least her passport to reflect that.  The result will be visa and green card in married name.

 

[Mahzee 0]

1 hour ago, Chancy said:

*** Moved from K3 Process & Procedures to IR1/CR1 Process & Procedures ***

 

 

Her immigrant visa and green card will list the name on her passport to be submitted at the visa interview, regardless of the name used on the petition.  So she should get a new passport listing the name that she wants.

 

Okay I understand. Can she get the passport name changed after I-130 submission but before the interview? I have already submitted the I-130 with the passport number she currently has. 

[Redro 4,612]

7 minutes ago, Mahzee said:

Okay I understand. Can she get the passport name changed after I-130 submission but before the interview? I have already submitted the I-130 with the passport number she currently has. 

She will need to research and follow the name change process for her country. 

It is okay to update the passport while I-130 is pending. If the new passport is not ready when the DS260 is filled out, you can either delay submitting DS260 and civil documents or bring updated passport to the interview. 

[Mahzee 0]

13 minutes ago, Kor2USA said:

She will need to research and follow the name change process for her country. 

It is okay to update the passport while I-130 is pending. If the new passport is not ready when the DS260 is filled out, you can either delay submitting DS260 and civil documents or bring updated passport to the interview. 

Thank you for your help!