Advice Needed: Timeframe & Name Change

[MeliA 3]

Hi all,

 

We just had a meeting with an immigration lawyer that was less than helpful in getting answers. I am coming here in hopes that someone already has experience and can speak to how this works.

 

1) Spouse arrived on CR-1 in June 2022. He doesn't have a green card yet (were told at airport this could take a year due to the backlog).Also told we need to file our I-751 within 90 days of our 2 year wedding anniversary (Nov 2022). 

This is different than I previously thought, I thought it was within 90 days of his 2 year anniversary ENTERING the country. As we don't have a card with an expiration...

Q1: What is the actual timeframe for filing?

 

2) Spouse is African. When we're there, he is known by his given name and father's name (last name). His legal name, however, and thus, on US documentation, he is given name, GRANDfather's name (father's name has become his middle name here). Lawyer said he wasn't sure, but probably to wait for the interview that will come with the I-751 and ask the officer if his name can be changed at that time to match his African identity (given name, father's name).

Q2: Has anyone changed their name for reasons other than marriage, and if so, how did you do it?

 

Any insights are appreciated!

 

[Villanelle 4,122]

1. You will file for ROC 751 at the 2 yr mark from when he entered. The stamp on his passport should have a date. Window opens 90 days prior. There are online calculators that can help determine the exact date. 

 

2. He can change his last name only through USCIS paperwork at ROC or by filing i90 for a new card to be printed. He can change his last name to yours or a hyphenated combo of both (either order). He can't just come up with a new one.

 

If he wants to change his first or middle (or last to something different then above) he has to contact your local court for a name change. Once its approved and the court gives you the name change order, you file i90 for a new card or wait until ROC to update it.

 

He can also wait until n400 citizenship and change any part of his name (3 years of being LPR if you are a citizen and still married) 

 

Also FYI SSA doesn’t use middle names.

 

Not sure why an attorney couldn't answer these questions!