Simple Question about name change re:i130 (merged)

[JayFromTexas 69]

My Russian fiance and I are getting married in a month and then we plan to file the i130 shortly after. Does she need to get her passport changed to her new name before we file the i130? What is the proper way of accounting for the name change in our application?

[Timona 4,207]

No

[pushbrk 12,870]

45 minutes ago, JayFromTexas said:

My Russian fiance and I are getting married in a month and then we plan to file the i130 shortly after. Does she need to get her passport changed to her new name before we file the i130? What is the proper way of accounting for the name change in our application?

When filing the I-130 the marriage certificate and applicable translation are all that is needed to "account for" the name change.  She'll  have plenty of time to change her name in the passport before the visa interview.

[JayFromTexas 69]

Next month, my fiance' and I are getting married online. We will meet in Turkey, do the ceremony and legally consummate the marriage. We will file an I-130 shortly after our wedding. My fiance' is Russian and has a valid tourist visa.

 

We are wondering when would be the optimal time to change her surname to mine. We have been told that changing her name would require her to get a new Russian passport and that changing her passport would invalidate her tourist Visa. Is that correct?

 

Regarding the I-130, I have the following questions...

 

If we decide to change her name concurrently with our wedding, do we file the I-130 in her new surname or old one?

If the answer to the previous question is to file under her old surname, when do we notify the appropriate immigration authorities (USCIS or NVC) of her new name?

If she doesn't change her surname and receives her greencard in her previous name, how difficult is it to change her surname after receiving her greencard?

 

Thanks!

Edited February 13, 2023 by JayFromTexas

[Dashinka 24,480]

With the spousal visa it is tough since the visa and subsequent GC will most likely be issued with the name on the Russian international passport.  For my wife it was different since she came over on a K1, we married in the US and filed for AOS, so she changed her name then and her GC had her married name.  If your wife can change her passports to the new name that would be ideal (I know, difficult in Russia), otherwise it might be best to wait until removal of conditions if she needs to do that or naturalization.

[Verrou 1,962]

4 hours ago, JayFromTexas said:

 

If she doesn't change her surname and receives her greencard in her previous name, how difficult is it to change her surname after receiving her greencard?

 

 

 

once she got her greencard, its not difficult to change her surname, but it will be costly. i-90 roughly $540 right now and sometimes take a really long time to obtain the card. some people got the new card in weeks, some got it after 2 years. 

Edited February 13, 2023 by Ryan H
Reason for edit: to separate reply from quote

[Dashinka 24,480]

1 minute ago, Misscloud said:

 

Just curios, can they do a name change at the ROC if they are required to file it?  I assume they can, since that is filed in the US and is still marriage based.

[Verrou 1,962]

1 minute ago, Dashinka said:

Just curios, can they do a name change at the ROC if they are required to file it?  I assume they can, since that is filed in the US and is still marriage based.

probably. but let say if u submit ROC with the new name while the old 2 year GC is with the old name, there's gonna be discrepancy between the plastic card and the extension letter, right?

[Dashinka 24,480]

5 minutes ago, Misscloud said:

probably. but let say if u submit ROC with the new name while the old 2 year GC is with the old name, there's gonna be discrepancy between the plastic card and the extension letter, right?

Yes, hadn't thought of that.  Oh well, one very minor advantage for the I129F/K1 for countries where it is very difficult to change names in their passports/national ID cards.

 

 

[Ryan H 3,812]

~~~Duplicate threads merged; please do not start multiple threads on the same issue.~~~

[JayFromTexas 69]

On 2/3/2023 at 4:05 PM, pushbrk said:

When filing the I-130 the marriage certificate and applicable translation are all that is needed to "account for" the name change.  She'll  have plenty of time to change her name in the passport before the visa interview.

I know you already answered my question, but I should have added the fact that she has an active tourist visa.

If she gets a new Russian passport with her new name, does that invalidate her tourist visa?

If our marriage certificate lists her with my surname, but her passport still lists her with her previous name, will that cause problems with the CR1 process?

[pushbrk 12,870]

1 hour ago, JayFromTexas said:

I know you already answered my question, but I should have added the fact that she has an active tourist visa.

If she gets a new Russian passport with her new name, does that invalidate her tourist visa?

If our marriage certificate lists her with my surname, but her passport still lists her with her previous name, will that cause problems with the CR1 process?

No, it does not invalidate her visa, but the old passport will be "invalid".  She would carry both passports and a translated marriage certificate in order to be able to use the old tourist visa, as long as it is valid.  Not changing her name in her passport will mean her visa and green card will be issued in her maiden name.

[JayFromTexas 69]

On 2/3/2023 at 4:05 PM, pushbrk said:

When filing the I-130 the marriage certificate and applicable translation are all that is needed to "account for" the name change.  She'll  have plenty of time to change her name in the passport before the visa interview.

Pushbrk, can we get her greencard issued in my surname without changing her Russian passport to my name? In another thread, there was a comment made that said the man's Russian born wife is now a US citizen and never changed her Russian passport and it still shows her former name.

If we don't have to change my wife's Russian passport, that will be one less step in the process.

Edited March 6, 2023 by JayFromTexas

[pushbrk 12,870]

4 hours ago, JayFromTexas said:

Pushbrk, can we get her greencard issued in my surname without changing her Russian passport to my name? In another thread, there was a comment made that said the man's Russian born wife is now a US citizen and never changed her Russian passport and it still shows her former name.

If we don't have to change my wife's Russian passport, that will be one less step in the process.

Your wife can definitely become a US Citizen without changing her Russian passport name, but cannot get a green card initially issued in any name but the one in her passport.