CR-1 Last Name

[Diego009 1]

Hi all,

 

I apologize if this has been asked before, but a quick search didn't yield results that match my situation- 

 

-I was married by proxy in Japan on April of this year

-Since I'm a foreigner, my wife was told that her last name would be kept (this is how the Japanese marriage certificate is)

 

My current plan is to fill out and submit the I-130 and change her last name later through a name change process here in California.

 

Before I start the I-130 I wanted to ask if there should be any other plan to consider or if there's any issue with her using her maiden name? The most important thing to me is getting her to the US as fast as possible.

 

[pushbrk 12,898]

46 minutes ago, Diego009 said:

Hi all,

 

I apologize if this has been asked before, but a quick search didn't yield results that match my situation- 

 

-I was married by proxy in Japan on April of this year

-Since I'm a foreigner, my wife was told that her last name would be kept (this is how the Japanese marriage certificate is)

 

My current plan is to fill out and submit the I-130 and change her last name later through a name change process here in California.

 

Before I start the I-130 I wanted to ask if there should be any other plan to consider or if there's any issue with her using her maiden name? The most important thing to me is getting her to the US as fast as possible.

 

Her visa must be issued in the name matching that of the passport, so file with that name too.  Did you get together in person with your wife during or after the proxy marriage?  If not, you must before you file the I-130.

[Diego009 1]

1 minute ago, pushbrk said:

Her visa must be issued in the name matching that of the passport, so file with that name too.  Did you get together in person with your wife during or after the proxy marriage?  If not, you must before you file the I-130.

Thank you for your reply. Her passport is also with her maiden name, so that's another reason why we decided to try and fill out the I-130 with what we have. Changing her name in Japan would take a while. 

 

She's actually staying with me right now and leaving tomorrow ;_; her trip was actually accelerated as a result of us hitting a roadblock immediately with that I-130 requirement of marriage consummation. Thank you for the heads up though. 

[pushbrk 12,898]

1 minute ago, Diego009 said:

Thank you for your reply. Her passport is also with her maiden name, so that's another reason why we decided to try and fill out the I-130 with what we have. Changing her name in Japan would take a while. 

 

She's actually staying with me right now and leaving tomorrow ;_; her trip was actually accelerated as a result of us hitting a roadblock immediately with that I-130 requirement of marriage consummation. Thank you for the heads up though. 

What do you mean by "a while".  If her name on her passport can be changed say within 18 months or so, then it will be ready for the interview, and you can file NOW with the name she intends to use.

 

We know what you mean by "last name" but the term "Surname" is what you'll find in the passport.

[arken 4,197]

6 hours ago, Diego009 said:

if there's any issue with her using her maiden name?

No issue. Taking one's spouse's last name is not mandatory.

[JeanneAdil 6,511]

There are sites that say how to do it by changing DL and SS card (this is easy for a US citizen to change )  but not for the foreign immigrant

if u google it u will see the following and again that is only for the USC married abroad 

 

 

The First 5 Steps in Changing Your Name After Marriage

1. Step 1: Get Certified Copies of Your Marriage Certificate. ...
2. Step 2: Update Your Social Security Card. ...
3. Step 3: Now, Your Driver's License. ...
4. Step 4: Next, Your Passport. ...
5. Step 5: Finally, Your Bank Cards and Credit Cards.

For immigrant :

 

If the USCIS denies your request to change your name during your interview process, then you can change your name in your naturalization process after you have undergone the naturalization ceremony. During your naturalization process, your name change will take place on a state-law basis.

 

in most states this requires a court document to change the last name of immigrant 

 

and many of us don't change our surname when marrying 

[Sarah&Facundo 595]

You don't have to change your last name. I, by personal choice, never changed my name to my husband's last name. No issues at all.

[mam521 2,063]

14 hours ago, Diego009 said:

Hi all,

 

I apologize if this has been asked before, but a quick search didn't yield results that match my situation- 

 

-I was married by proxy in Japan on April of this year

-Since I'm a foreigner, my wife was told that her last name would be kept (this is how the Japanese marriage certificate is)

 

My current plan is to fill out and submit the I-130 and change her last name later through a name change process here in California.

 

Before I start the I-130 I wanted to ask if there should be any other plan to consider or if there's any issue with her using her maiden name? The most important thing to me is getting her to the US as fast as possible.

 

Does SHE want to change her last name?  

 

If so, she needs to change her passport first and you'll want that done before the interview, which isn't for a while.  Fill out paperwork as her ID currently is and indicate at the interview that she wants her name changed, as per her new passport. 

 

If she doesn't update that passport, the greencard will be issued in her maiden name and you'll have to pay the fees to change her newly issued greencard.  It's a rip off IMO.   It's a domino effect from there with SSN, DL...just a mess.  

 

[Diego009 1]

On 7/7/2022 at 9:50 PM, pushbrk said:

What do you mean by "a while".  If her name on her passport can be changed say within 18 months or so, then it will be ready for the interview, and you can file NOW with the name she intends to use.

 

We know what you mean by "last name" but the term "Surname" is what you'll find in the passport.

Thank you for this insight. We will do the name change in Japan. I am considering filling out the I-130 as per your suggestion. Someone below also said something similar, but mentioned that the name change  should be brought up during interview.

 

 

 

 

22 hours ago, mam521 said:

Does SHE want to change her last name?  

 

If so, she needs to change her passport first and you'll want that done before the interview, which isn't for a while.  Fill out paperwork as her ID currently is and indicate at the interview that she wants her name changed, as per her new passport. 

 

If she doesn't update that passport, the greencard will be issued in her maiden name and you'll have to pay the fees to change her newly issued greencard.  It's a rip off IMO.   It's a domino effect from there with SSN, DL...just a mess.  

 

Thank you for your reply. Is there any negative impact for filling out paperwork with her married name and just adding her maiden name under the other known aliases? There seems to be some disagreement as to how to file the I-130 in such a situation. All of my wife's documents have her maiden surname, but will be changed in the next 2 months. All of the supporting documents with the I-130 will have her maiden surname.

[pushbrk 12,898]

5 hours ago, Diego009 said:

Thank you for this insight. We will do the name change in Japan. I am considering filling out the I-130 as per your suggestion. Someone below also said something similar, but mentioned that the name change  should be brought up during interview.

 

 

 

 

Thank you for your reply. Is there any negative impact for filling out paperwork with her married name and just adding her maiden name under the other known aliases? There seems to be some disagreement as to how to file the I-130 in such a situation. All of my wife's documents have her maiden surname, but will be changed in the next 2 months. All of the supporting documents with the I-130 will have her maiden surname.

Yes perfectly OK.  The combination of the ONE marriage certificate to YOU and the I-130 being filed with her family name same as yours is all the name change documentation you need at this stage.  If she can have a new passport in the married name anytime within a year, this becomes not only a non-issue, but a common procedure.

 

The other reply was talking about the trouble and expense after US Entry, not at the interview.

[mapi 21]

We just applied and I used my married name.

My wife is American and I am Dutch.

 

In the Netherlands also you're name does not officially change, but you can have an addition in your passport saying " Name maiden name husband/wife of Married name". Also the marriage certificate only states your maiden name.

 

Other Dutch people have done this, so that's why I did it as well. I want to use our married name....

 

 

Kinda a similar situation I guess.

[pushbrk 12,898]

8 hours ago, mapi said:

We just applied and I used my married name.

My wife is American and I am Dutch.

 

In the Netherlands also you're name does not officially change, but you can have an addition in your passport saying " Name maiden name husband/wife of Married name". Also the marriage certificate only states your maiden name.

 

Other Dutch people have done this, so that's why I did it as well. I want to use our married name....

 

 

Kinda a similar situation I guess.

FYI, marriage certificates certify who married whom.  If you were already Mr and Mrs. Jones, you wouldn't need a new marriage.  Mary Jones, marries Bill Smith, because she isn't Mary Smith until AFTER the marriage.

[mapi 21]

6 hours ago, pushbrk said:

FYI, marriage certificates certify who married whom.  If you were already Mr and Mrs. Jones, you wouldn't need a new marriage.  Mary Jones, marries Bill Smith, because she isn't Mary Smith until AFTER the marriage.

Could you try to rephrase it? I read it a few times but I don't catch it

[jess2424 0]

Your married was happen thru online wedding?

Your married was happened thru online wedding ?

[pushbrk 12,898]

2 hours ago, mapi said:

Could you try to rephrase it? I read it a few times but I don't catch it

Think of your own marriage.  You were (your name).  He or she was (their name).  You two got married.  Those are the names on the marriage certificate.  Those were your names AS YOU MARRIED.  Whether anybody's name EVER changes is a decision made AFTER the marriage.  Only pre-marriage names appear on marriage certificates because those are the names of the two people who married.