I-130 form questions (merged topics)

[buffyisveryfuzzy 3]

Hello

 

In the section where you need to upload Proof of legal name change, my wife did not change her last name, we will do this much later after we are back in the States.

 

Should I upload a one line message saying she didn't change her name?

Should I re-upload the marriage certificate even though it's already uploaded to the Proof of Marriage section?

Should I leave it empty?

 

best

Edited January 11, 2023 by buffyisveryfuzzy

[buffyisveryfuzzy 3]

Hello,

 

So my wife and I live together in Mexico City, but I am not on the lease yet here as we just got married. I am basically coming for long visits until my Mexican TR Visa is printed and I can actually start putting my name on things here with her.

 

My "Current Address" is with my Aunt in Michigan, this is the address tied to my employer, taxes, and on my Drivers License.

 

I also have a rented mailbox in Houston, TX that I use rarely but can forward things from it to here.

 

Out of the three addresses:

 

• Aunts Address - Tax Address
• Houston, TX - Rented Mailbox
• Wifes Apartment in Mexico City that I'm physically living at

 

What address should be the latest in my Address History and what address should be my Mailing Address?

 

I think it should be:

 

Latest Address: Aunt Address

Mailing Address: Mexico City Address - Does USCIS send with Tracking?

 

Best

Edited January 11, 2023 by buffyisveryfuzzy

[Ryan H 3,810]

~~~Similar topics merged; please post all questions you have about the I-130 in this thread instead of starting a new thread for every question you have about that form.~~~

[pushbrk 12,605]

21 hours ago, buffyisveryfuzzy said:

Hello

 

In the section where you need to upload Proof of legal name change, my wife did not change her last name, we will do this much later after we are back in the States.

 

Should I upload a one line message saying she didn't change her name?

Should I re-upload the marriage certificate even though it's already uploaded to the Proof of Marriage section?

Should I leave it empty?

 

best

If she doesn't change her name until she's in the USA, you don't use the married name on the form.  If her intent is to take your surname as her married surname, the proceed as if she already has.  She should then do her name change in her home country, as the visa will be issued in the name on her passport, resulting in the passport name being on the green card too.

 

The only proof of name change you need with the petition is the marriage certificate.

[pushbrk 12,605]

20 hours ago, buffyisveryfuzzy said:

Hello,

 

So my wife and I live together in Mexico City, but I am not on the lease yet here as we just got married. I am basically coming for long visits until my Mexican TR Visa is printed and I can actually start putting my name on things here with her.

 

My "Current Address" is with my Aunt in Michigan, this is the address tied to my employer, taxes, and on my Drivers License.

 

I also have a rented mailbox in Houston, TX that I use rarely but can forward things from it to here.

 

Out of the three addresses:

 

• Aunts Address - Tax Address
• Houston, TX - Rented Mailbox
• Wifes Apartment in Mexico City that I'm physically living at

 

What address should be the latest in my Address History and what address should be my Mailing Address?

 

I think it should be:

 

Latest Address: Aunt Address

Mailing Address: Mexico City Address - Does USCIS send with Tracking?

 

Best

You are only visiting Mexico, so you don't live there. Your physical address is your aunt's address.  That can also be your mailing address or you can use the Houston mailbox as your mailing address.  You choose  based on your own priorities.  

[buffyisveryfuzzy 3]

4 hours ago, pushbrk said:

If she doesn't change her name until she's in the USA, you don't use the married name on the form.  If her intent is to take your surname as her married surname, the proceed as if she already has.  She should then do her name change in her home country, as the visa will be issued in the name on her passport, resulting in the passport name being on the green card too.

 

The only proof of name change you need with the petition is the marriage certificate.

Thanks but I'm a little confused. Our Marriage Certificate shows her last name unchanged. If we leave it this way, then nothing goes into the Proof of legal name change correct?

[Lil bear 4,083]

2 minutes ago, buffyisveryfuzzy said:

Thanks but I'm a little confused. Our Marriage Certificate shows her last name unchanged. If we leave it this way, then nothing goes into the Proof of legal name change correct?

Many marriage certificates just show the full name of each spouse. They not necessarily indicate if one spouse changed their last name or not. The marriage certificate is demonstrating the legal connection between both last names. So as needed, the proof of legal name change is the marriage certificate. 

[pushbrk 12,605]

1 hour ago, buffyisveryfuzzy said:

Thanks but I'm a little confused. Our Marriage Certificate shows her last name unchanged. If we leave it this way, then nothing goes into the Proof of legal name change correct?

Her marriage certificate is correct.  That name married your name.  That you are married now IS the evidence,

[buffyisveryfuzzy 3]

Ooooh ok I think I get it and see my confusion.

 

For example, if her name was Jenny Johnson before marriage and she didn't change her name in marriage, then our marriage changed her name from Jenny Johnson to Jenny Johnson? Thus the Marriage Certificate is needed to show she changed her last name from Unmarried Johnson to Married Johnson, even though its the same name.

Edited January 12, 2023 by buffyisveryfuzzy

[pushbrk 12,605]

2 hours ago, buffyisveryfuzzy said:

Ooooh ok I think I get it and see my confusion.

 

For example, if her name was Jenny Johnson before marriage and she didn't change her name in marriage, then our marriage changed her name from Jenny Johnson to Jenny Johnson? Thus the Marriage Certificate is needed to show she changed her last name from Unmarried Johnson to Married Johnson, even though its the same name.

No.  Marriage does not automatically change the name.  It opens the door to it.  What you do next to change the name on your ID, varies by country.  But, you can file in the married name and change the ID (Passport is what's most important in this case.) later.  The marriage certificate is all the initial evidence you need when filing the I-130 regarding name change due to marriage.  

 

"Evidence of legal name change" IS a thing but that's when a person decides to change their name for some other reason besides marriage.

[Ontarkie 14,143]

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