CR1 Visa Surname Naming Question

[mugatu300 8]

Hello all. My fiance is a Chinese citizen, permanent resident of Canada, and has a US Vistor's B1/B2 Visa. We plan to marry soon so that we can apply for CR1 Visa. Long term, she wants to eventually change her last name to my last name (or perhaps do a hyphenated double last name).

Should she use my last name on the marriage certificate or keep her original last name and we change it at a later date? All her other documentation (passport, PR card, etc) obviously has her original surname. I know we have to submit the marriage certificate during the CR1 process so I'm assuming all the naming has to match, correct?

Im guessing I have two options- change her last name to mine on the marriage certificate and all of her other documents and then apply for CR1 with that new last name. Or, don't change her last name yet, apply for CR1 with her original surname, and then change the surname on all her documentation at a date down the line. Any recommendation which one is better?

[Dashinka 24,479]

Not necessarily.  My wife chose to take my family name, but her Russian passport is still in her maiden name and it caused no issues. Once you get married and get your marriage certificate (a legal name change document recognized in the US), submit the I130 and any supporting documents in the name she wants to have on her visa/GC.  She can change her passport later if she wants of  it is not too much of a pain like it is in Russia.

 

Good Luck!

[mugatu300 8]

1 hour ago, Dashinka said:

Not necessarily.  My wife chose to take my family name, but her Russian passport is still in her maiden name and it caused no issues. Once you get married and get your marriage certificate (a legal name change document recognized in the US), submit the I130 and any supporting documents in the name she wants to have on her visa/GC.  She can change her passport later if she wants of  it is not too much of a pain like it is in Russia.

 

Good Luck!

OK, so is it OK if the marriage certificate lists the new surname and she uses the new surname for the CR1 application but that all her other documentation (PR card, passport, bank statements, etc.) list her original surname? Or does she have to change the surname on all those other documents prior to CR1 application.

 

She originally wanted to keep original surname on marriage certificate and CR1 application and then change the surname on everything once she gets the green card but I feel like that may be more complicated....

[pushbrk 12,868]

36 minutes ago, mugatu300 said:

OK, so is it OK if the marriage certificate lists the new surname and she uses the new surname for the CR1 application but that all her other documentation (PR card, passport, bank statements, etc.) list her original surname? Or does she have to change the surname on all those other documents prior to CR1 application.

 

She originally wanted to keep original surname on marriage certificate and CR1 application and then change the surname on everything once she gets the green card but I feel like that may be more complicated....

First, marriage certificates always bear the current name of each party.  So Mary Jones Marries John Smith because she cannot really be Mary Smith until after the marriage.  

 

Changing names is tricky for a Chinese Citizen but it can be done.  Her visa, however will be issued in the name shown on her current passport, so if she want to use a different name right after the marriage, file using that name and she can get her passport changed before the visa interview.  She should first verify that process with the Chinese Embassy in Ottawa though before making a decision as to how to file.  She can get all that information BEFORE the marriage takes place.

 

[mugatu300 8]

33 minutes ago, pushbrk said:

First, marriage certificates always bear the current name of each party.  So Mary Jones Marries John Smith because she cannot really be Mary Smith until after the marriage.  

 

Changing names is tricky for a Chinese Citizen but it can be done.  Her visa, however will be issued in the name shown on her current passport, so if she want to use a different name right after the marriage, file using that name and she can get her passport changed before the visa interview.  She should first verify that process with the Chinese Embassy in Ottawa though before making a decision as to how to file.  She can get all that information BEFORE the marriage takes place.

 

OK, thank you very much for the reply. Just trying to think of all scenarios here: so if she applies to CR1 with new surname but lets say she isnt able to change passport surname in time, the CR1 will be issued with her original surname? Will that cause any delays in processing the CR1 with the surnames being different? And is it possible to change the surname on the CR1/green card after its been issued or is that a headache?

 

 

[pushbrk 12,868]

9 hours ago, mugatu300 said:

OK, thank you very much for the reply. Just trying to think of all scenarios here: so if she applies to CR1 with new surname but lets say she isnt able to change passport surname in time, the CR1 will be issued with her original surname? Will that cause any delays in processing the CR1 with the surnames being different? And is it possible to change the surname on the CR1/green card after its been issued or is that a headache?

 

 

Again, visa will be issued in passport name.  Yes, changing later will be a headache unless you wait until Naturalization.

[mugatu300 8]

2 hours ago, pushbrk said:

Again, visa will be issued in passport name.  Yes, changing later will be a headache unless you wait until Naturalization.

So I had my fiance check Chinese embassy website and it seems like her new surname could be added on the Observations page with a statement such as "The name of the bearer of this passport is also spelled/written as XXX". Do you think that will suffice?

 

Basically the breakdown will look like this:

 

Marriage certificate: both original and new surname

CR1 application: new surname

Passport: both original and new surname???

PR card: original surname

Police records: original surname

Bank statements if required: original surname

Current US Visitors visa: original surname

 

Under this scenario, do you think the CR1 Visa and then Green card will be issued with the original or new surname?

 

[pushbrk 12,868]

7 hours ago, mugatu300 said:

So I had my fiance check Chinese embassy website and it seems like her new surname could be added on the Observations page with a statement such as "The name of the bearer of this passport is also spelled/written as XXX". Do you think that will suffice?

 

Basically the breakdown will look like this:

 

Marriage certificate: both original and new surname

CR1 application: new surname

Passport: both original and new surname???

PR card: original surname

Police records: original surname

Bank statements if required: original surname

Current US Visitors visa: original surname

 

Under this scenario, do you think the CR1 Visa and then Green card will be issued with the original or new surname?

 

First, the marriage certificate is unlikely to show any "new surname".  "Seems like" and "added to an observations page" don't sound good enough to me for getting the visa issued in a new surname, but I really don't know.  You would need to send a general inquiry to the Immigrant Visa Unit in Montreal.

Note that you are not changing a spelling.  Li cannot also be spelled as Jones.

[mugatu300 8]

On 12/30/2022 at 6:33 PM, pushbrk said:

First, the marriage certificate is unlikely to show any "new surname".  "Seems like" and "added to an observations page" don't sound good enough to me for getting the visa issued in a new surname, but I really don't know.  You would need to send a general inquiry to the Immigrant Visa Unit in Montreal.

Note that you are not changing a spelling.  Li cannot also be spelled as Jones.

Unfortunately, since I live in New York State, that is something that is required: filling out the "new surname" field. Thus, it will be listed on the marriage license and certificate. I sent a general inquiry last week and still have not heard back.

 

Other option is to marry in Ontario but is a Ontario Canada marriage certificate OK for CR1 application?

 

Also, how were you able to navigate this issue with Chinese surname? Were you able to get the surname changed on the main page of the passport prior to interview? Any help would be greatly appreciated. 

[pushbrk 12,868]

2 hours ago, mugatu300 said:

Unfortunately, since I live in New York State, that is something that is required: filling out the "new surname" field. Thus, it will be listed on the marriage license and certificate. I sent a general inquiry last week and still have not heard back.

 

Other option is to marry in Ontario but is a Ontario Canada marriage certificate OK for CR1 application?

 

Also, how were you able to navigate this issue with Chinese surname? Were you able to get the surname changed on the main page of the passport prior to interview? Any help would be greatly appreciated. 

Of course US Immigration accepts legal and lawful marriage certificates from any country.  My ex wife never changed her name.  Most Chinese don't, but a small percentage do, particularly those who plan to have children in the USA.  The easy way is to wait until Naturalization.  

[mugatu300 8]

35 minutes ago, pushbrk said:

Of course US Immigration accepts legal and lawful marriage certificates from any country.  My ex wife never changed her name.  Most Chinese don't, but a small percentage do, particularly those who plan to have children in the USA.  The easy way is to wait until Naturalization.  

We do plan on having children in the USA. If she does not plan to pursue US citizenship and just wants to maintain green card status, we should probably state that surname on the marriage certificate and CR1 application, correct? And then try to do whatever we can to try and change name on passport. If we are unable to change name on passport, that shouldn't cause any issues correct? I'm assuming they would just issue visa in the original passport surname under that scenario.

[pushbrk 12,868]

1 minute ago, mugatu300 said:

We do plan on having children in the USA. If she does not plan to pursue US citizenship and just wants to maintain green card status, we should probably state that surname on the marriage certificate and CR1 application, correct? And then try to do whatever we can to try and change name on passport. If we are unable to change name on passport, that shouldn't cause any issues correct? I'm assuming they would just issue visa in the original passport surname under that scenario.

Worst case is visa in passport surname.

 

[mugatu300 8]

On 12/29/2022 at 7:46 PM, Dashinka said:

Not necessarily.  My wife chose to take my family name, but her Russian passport is still in her maiden name and it caused no issues. Once you get married and get your marriage certificate (a legal name change document recognized in the US), submit the I130 and any supporting documents in the name she wants to have on her visa/GC.  She can change her passport later if she wants of  it is not too much of a pain like it is in Russia.

 

Good Luck!

So your wife's visa/GC was issued with your family name but her passport still has her original maiden surname? If that's the case, I will pursue that route. 

[pushbrk 12,868]

6 hours ago, mugatu300 said:

So your wife's visa/GC was issued with your family name but her passport still has her original maiden surname? If that's the case, I will pursue that route. 

That's not what he said.  He filed the petition before changing the passport and changed the passport before the visa was issued.  

[mugatu300 8]

On 1/4/2023 at 5:23 PM, pushbrk said:

That's not what he said.  He filed the petition before changing the passport and changed the passport before the visa was issued.  

Not sure where you see that. He said "her Russian passport is still in her maiden name"