Name Change - CR1 in process with B1/B2 - New Passport with New Name/Number, or wait?

[JamesYJessica 5]

My wife is colombian and has changed her last name. She currently holds a B1/B2 visa in her maiden name and her current passport number.

 

When she went to the Colombian passport office to obtain a passport with hew new last name she was told that a new passport with her new name would come with a new passport number, and her old passport and visa would be void. She would need to apply for a new B1/B2 visa. 

 

Is it true that, if you get a new passport number, that your old B1/B2 visa with the previous passport number is invalid? (The B1/B2 visa lists her old name and old visa number on it)

[JamesYJessica 5]

The Background - Colombian with B1/B2, Legally Changed Her Name

My wife is Colombian with a B1/B2 visa that has her maiden name and her current passport number. I am USC.

 

We were married and my wife legally changed her name in Colombia. My wife has changed several legal documents already (cedula, bank account etc). In all those cases, she kept the same identity number.

 

We submitted I-130 for CR1 in April 2022, currently waiting for USCIS approval. That application was done with her new married name, and with her current passport, as well as evidence of travel all tied to her current passport number.

 

The Problem - Getting a Passport with New Name => New Passport Number

When she went to change her name on her passport at the Colombian government office, she was told that she "is basically a new person" and she would receive a new passport number, and her B1/B2 visa would be void and she would have to apply for a new visa as well.

 

Advice Wanted - Change the Passport or Wait?

• Her visa lists her maiden name and old passport number - Assuming she gets her old passport back, and they don't stamp anything on the Visa, is that visa still valid if she actively has BOTH a new name AND a new passport number that doesn't match the visa?
• Our I-130 application lists her current passport number. I'm concerned if she gets a new passport number that her identity and our travel evidence together will not match up. Any experience in changing name and changing passport number in the middle of the process?
• Will she still be able to try to enter the United States for short trips with a passport name and number that doesn't match what is on a B1/B2 visa? (I know there is always the risk she is denied entry on immigrant intent grounds)

 

We are unsure if we should just hold onto the current passport and visa (expires in 2026), get the green card first (possibly in her maiden name), and then change everything after or whether it's better to do it now.

 

Thank you community in advance. I can't begin to express my gratitude of everyone sharing their knowledge and experiences in this long, difficult process.

 

 

 

 

[arken 4,197]

In general 

14 minutes ago, JamesYJessica said:

Is it true that, if you get a new passport number, that your old B1/B2 visa with the previous passport number is invalid

The new number doesn't invalidate the visa. If it's invalid, it would be due to name mismatch on the visa and the passport.

 

Usually a valid visa on the expired passport can be used along with the new passport (new number) as long as there is no material change. However in your case the name on the new passport has changed. It depends on the CBP. They may accept the marriage certificate as the name change for the discrepancy between visa and the passport name. They may or may not.

[Ontarkie 14,223]

~~Duplicate threads merged. Please keep all related questions to this one thread.~~

[pushbrk 12,883]

1 hour ago, arken said:

In general 

The new number doesn't invalidate the visa. If it's invalid, it would be due to name mismatch on the visa and the passport.

 

Usually a valid visa on the expired passport can be used along with the new passport (new number) as long as there is no material change. However in your case the name on the new passport has changed. It depends on the CBP. They may accept the marriage certificate as the name change for the discrepancy between visa and the passport name. They may or may not.

It's very likely they will accept the marriage certificate as the needed evidence, but the entry decision is separate from that.  She should still have good evidence she's just visiting and an easy explanation to go with it.

 

Hint:  Don't rely on another country's Embassy officials for advice about what the US officials will do.

[Chancy 6,241]

2 hours ago, JamesYJessica said:

Our I-130 application lists her current passport number. I'm concerned if she gets a new passport number that her identity and our travel evidence together will not match up. Any experience in changing name and changing passport number in the middle of the process?

 

No issue with getting a new passport with different number or even different name due to marriage, after submission of the I-130 petition.  Provide the new passport info at NVC stage, after the petition has been approved.