Just arrived on K1 & K2 visa [split thread]

[newnew 1]

Hi all, 

Me and my son just arrived on K1 &K2 visa in Usa. 
I got married and I signed the marriage certificate with my family/maiden name. 
I am preparing to file for AOS and the attorney said to me that I cannot take the surname of my husband since the marriage certificate is signed with my maiden name.

My question is: Is it ok if I put both surnames wile applying for AOS, and other documents that I need? 
We made the medical examination in our country and once entered handled the envelope to the immigration authorities. 
Now, they are asking me to make once again the medical examination. Is it necessary or shall I tell that I already did it before coming? 
How long does it take to get the GC?

 

Your replies are appreciated.

 

Thank you!!

[Chancy 6,241]

*** Post split off from August filers thread in the Progress Reports sub-forum.  Please post questions about your situation in this thread. ***

 

*** Removed duplicate thread.  Please do not create multiple posts on the same topic.  Post your related questions/updates in this thread to keep the discussion in one place. ***

 

Edited October 6, 2023 by Chancy
note re: duplicate thread

[OldUser 6,625]

16 hours ago, newnew said:

How long does it take to get the GC?

Likely a year

[Crazy Cat 41,834]

18 hours ago, newnew said:

I am preparing to file for AOS and the attorney said to me that I cannot take the surname of my husband since the marriage certificate is signed with my maiden name.

Your attorney is wrong.  You can use any combination of the surnames listed on the marriage certificate.

Example:  Mary Smith marries John Doe.

Mary can use Mary Smith, Mary Doe, Mary Smith Doe, or Mary Smith-Doe as her legal name on USCIS documents.

 

Chapter 5 - Verification of Identifying Information | USCIS

 

 

Edited October 6, 2023 by Crazy Cat

[W199 333]

That is very interesting that you can still legally use your maiden name or a combination even though you legally changed your name.  Thanks for posting that.

 

However, the above rules say it must be either the maiden name and/or a legal name change.  A marriage certificate can legally document a legal name change, as there is a line on it that says "surname after marriage".  That line is is the legal name change, just the same as a divorce certificate says the wife will resume her maiden name.  

 

The OP question does not specify whether or not the marriage certificate specifies that she is taking her husband's surname after marriage.  She only says "signed in the maiden name" which is not enough information to answer the question if her lawyer is right or not.   Disclaimer: This this is correct for my State, I don't know if other States have their own laws on what a marriage certiifcate needs to say to make it a legal name change. 

 

 

[newnew 1]

6 minutes ago, W199 said:

That is very interesting that you can still legally use your maiden name or a combination even though you legally changed your name.  Thanks for posting that.

 

However, the above rules say it must be either the maiden name and/or a legal name change.  A marriage certificate can legally document a legal name change, as there is a line on it that says "surname after marriage".  That line is is the legal name change, just the same as a divorce certificate says the wife will resume her maiden name.  

 

The OP question does not specify whether or not the marriage certificate specifies that she is taking her husband's surname after marriage.  She only says "signed in the maiden name" which is not enough information to answer the question if her lawyer is right or not.   Disclaimer: This this is correct for my State, I don't know if other States have their own laws on what a marriage certiifcate needs to say to make it a legal name change. 

 

 

Thank you for your answer. 
in the marriage certificate is not required to specify which surname I will use after marriage. I signed with my maiden name because that was who I was at that time. So I with my maiden name was getting married with my husband. If I signed the certificate with his surname there is no eve since that I am that person. Also when applied for marriage I applied with my family name. 
we are in MI.

 

thnx 

[newnew 1]

44 minutes ago, OldUser said:

Likely a year

Thnx 

once we are waiting for GC can I apply for SSN and work? 

[Crazy Cat 41,834]

1 minute ago, newnew said:

Thank you for your answer. 
in the marriage certificate is not required to specify which surname I will use after marriage. I signed with my maiden name because that was who I was at that time. So I with my maiden name was getting married with my husband. If I signed the certificate with his surname there is no eve since that I am that person. Also when applied for marriage I applied with my family name. 
we are in MI.

 

thnx 

For USCIS purposes, you can use either your maiden name or spouse's surname.  As I said, your attorney was wrong.  Good luck.

[newnew 1]

41 minutes ago, Crazy Cat said:

Your attorney is wrong.  You can use any combination of the surnames listed on the marriage certificate.

Example:  Mary Smith marries John Doe.

Mary can use Mary Smith, Mary Doe, Mary Smith Doe, or Mary Smith-Doe as her legal name.

 

Chapter 5 - Verification of Identifying Information | USCIS

 

 

Totally agree! Thnx 

I read a lot about this topic and the marriage certificate itself supports that I can use my marriage name or both of them. 

[newnew 1]

1 minute ago, Crazy Cat said:

For USCIS purposes, you can use either your maiden name or spouse's surname.  As I said, your attorney was wrong.  Good luck.

Thanx. I will put both surnames on the applications forms for USCIS. By doing so he told that USCIS will reject the application because your marriage certificate does not provides evidence that you got the husbands surname. In fact in the marriage certificate was not mention to chose the name after marriage. My only concern is not to have delays. 
how about medical examination, shall we make them again to file I-639? 

[W199 333]

43 minutes ago, Crazy Cat said:

For USCIS purposes, you can use either your maiden name or spouse's surname.  As I said, your attorney was wrong.  Good luck.

I do not understand how you make that conclusion based on the rules you posted.  The rules said for immigration purpose they may use the legal married name (spouse's surname).

 

Therefore, it is implying for immmigration purposes in order to use the spouse's surname, it must be your new legal name. 

 

The Michigan laws state the following.  They marriage certiificate must be signed with the name you intend to use, otherwise, its not a legal name change.  Therefore, since the spouses's surname is not the legal married name, then I do not understand how you conclude the that USCIS will accept it. Can you please clarify what I am mis-interpreting? 

 

But maybe I am reading it wrong because the 2nd set of parentheis in what you posted does say "spouse's surname"  .. But this seems really vague and contradictory with the previous sentence that clearly says "legal name". 

 

A SPOUSE WHO INTENDS TO CHANGE THEIR NAME AFTER MARRIAGE MUST SIGN & PRINT ALL THREE DOCUMENTS WITH THE NAME THEY WILL BE USING AFTER THE WEDDING.

Edited October 6, 2023 by W199

[Crazy Cat 41,834]

Just now, W199 said:

then I do not understand how you conclude the that USCIS will accept it.

I am reading the USCIS regulation.  State laws might differ. 

 

41 minutes ago, newnew said:

Thanx. I will put both surnames on the applications forms for USCIS. By doing so he told that USCIS will reject the application because your marriage certificate does not provides evidence that you got the husbands surname. In fact in the marriage certificate was not mention to chose the name after marriage. My only concern is not to have delays. 
how about medical examination, shall we make them again to file I-639? 

Then, you can choose your name as stated in the USCIS regulation. 

[Chancy 6,241]

18 minutes ago, W199 said:

The Michigan laws state the following.  They marriage certiificate must be signed with the name you intend to use, otherwise, its not a legal name change.  Therefore, since the spouses's surname is not the legal married name, then I do not understand how you conclude the that USCIS will accept it. Can you please clarify what I am mis-interpreting?

 

What you might be forgetting is that USCIS is a federal agency.  While USCIS does consider state laws on marriages (like laws on first-cousin marriage), USCIS has its own regulations on immigrant's legal names, as mentioned by @Crazy Cat.  USCIS allows the use of married name on application documents, even though the applicant's married name is not listed on the marriage certificate.  Otherwise, applicants living in states where the marriage certificate does not list their married name (like in Louisiana), will never have a chance to use their married name without going through the name change process in state court.

 

[Ontarkie 14,218]

24 minutes ago, Chancy said:

 

What you might be forgetting is that USCIS is a federal agency.  While USCIS does consider state laws on marriages (like laws on first-cousin marriage), USCIS has its own regulations on immigrant's legal names, as mentioned by @Crazy Cat.  USCIS allows the use of married name on application documents, even though the applicant's married name is not listed on the marriage certificate.  Otherwise, applicants living in states where the marriage certificate does not list their married name (like in Louisiana), will never have a chance to use their married name without going through the name change process in state court.

 

Exactly. In Arkansas you  fill out the marriage license with your name at the time as that is who you are. Your not married yet so for most it is in the maiden name. Once you bring back that marriage license they fill out the bottom and you walk out with your certificate. You can start using your new last name. 

Edited October 6, 2023 by Ontarkie

[W199 333]

Thanks,  I stand corrected,  it does appear that at the federal level, all they require is a marriage certificate as evidence of a name change, regardless of whether at the State level the legal name change requirements are met.

 

Though it all seems to be an inchorent set of name change regulations. For example, the SSA will not accept my passport, driver's license, marriage certificates, etc. for proof of my first and middle name being swapped (same surname). The SSA wants me to get a State issued name change order to make the change. But other agencies like the VA will accept a passport as a name change.  So the State, and Federal agencie have different requirements, and hence you can have different legally acceptable names between them all.