Can i use Maiden name or have to change last name?

[Catfriends 0]

I hope I have it tagged under the correct topic, My husband (petitioner) and I (beneficiary) have been filling out forms and reviewing things before we submit them. I wanted to change my last name to his but it seems like it would take a while to get new IDs here in Philippines to make it possible and so we have decided to just use my maiden name in all the forms for now however I would like to ask for those that decided to use their maiden name instead of their husband's last name if it's going to be a problem if I do not change my last name to his?

[top_secret 2,417]

You could change your name at any time during the process up to the day of your interview, or not at all if you don't want to.  However, if you DO want to change your name, the only document that counts is your Philippine passport that you bring to your interview.  Your green card and social security card will be issued in that name.  It costs P1200 (~$23), including the expedite fee, and takes a few weeks to change a Filipino passport.  It costs USD $540 and can take over a year to change a US green card once it's issued, plus all the other documents generated in a year in the US.  On other words.  If you DO want to change your name, it will be far far far easier and cheaper to just change your Filipino passport now.  But there is no requirement that you change your name at all.

[Rocio0010 5,579]

I have no idea how name change works in the Phillipines, but what I do know is that, for the immigration part of things, it delays the process significantly because they have to do background checks on both names. 

 

[top_secret 2,417]

9 minutes ago, Rocio0010 said:

I have no idea how name change works in the Phillipines, but what I do know is that, for the immigration part of things, it delays the process significantly because they have to do background checks on both names. 

 

 

In the Philippines, US Embassy Manila would generally require a married woman to include her husbands name in her NBI Clearance (police report) whether she actually uses the name or not.  Because it is a legal name name that she could use.  If there were any further background check on a married woman in the Philippines they would automatically include the husbands name as well.  100% certain it will not cause any delay.  One can literally show up the day of their interview at US Embassy Manila and explain that they have changed their passport to their married name and ask at the pre-interview document check that their DS-260 be updated.  It takes them 10 minutes to do. It's just that simple.

 

Or, if they wait to get to the US, it is $540 for an I-90 to change the name on the green card.  That could take over a year.  Social Security doesn't want to change a name of a permanent resident  based on a foreign marriage certificate that does not explicitly change the name.  The state most likely won't do anything until USCIS and Social Security does.  They ask that the green card be changed first.  In the meantime one is accumulating new documents from state, work, insurance, banking etc all in the old name.  They will be facing hassles of traveling with documents that may be in maiden name or married name.  If they wanted to change their name It's a big mess that doesn't get resolved easily.

 

Or, they could have paid the $23 and changed their passport in the Philippines prior to their interview.  Very highly recommended and definitely will not cause any delay at all.

[Rocio0010 5,579]

1 hour ago, top_secret said:

Or, they could have paid the $23 and changed their passport in the Philippines prior to their interview.  Very highly recommended and definitely will not cause any delay at all.

It seems then that this is the best option.

 

It was my understanding that name changes in general could delay the process because they do different background checks. But again, I do not know how things work on the Philippines side of it. 

If I recall correctly, I think I requested my name change on my 485 (I adjusted my status from F1 student visa) and I went to SSA and banks once I received the green card.  My 485 took six months. Now when I applied for my citizenship it took longer than most folks from my FO and several attorneys told me it was because of my name change. Who knows.

[powerpuff 6,697]

*** Topic moved from Progress Reports to Process & Procedures ***

[Chancy 6,241]

13 hours ago, Catfriends said:

I would like to ask for those that decided to use their maiden name instead of their husband's last name if it's going to be a problem if I do not change my last name to his?

 

I retained my maiden name, and it was not a problem at all for my US immigration process.  That I continued to use my maiden name was never even brought up at any part of the process.  Note that I did list my husband's surname in the appropriate field on my NBI clearance, as you should too.

 

While it was no problem for US immigration, it has been an issue for my daily life here in the US.  I actually prefer to use my married name, but because of my negligence, I was not able to renew my Philippine passport using my married name in time for my spouse visa interview.  So now, my green card and SSN card list my maiden name, which means all my US IDs and accounts also list my maiden name.  It will be a hassle to change all of them to use my married name once I naturalize.

 

So, if you prefer to use your married name AND you are confident that you can soon get a PH passport listing your married name, I recommend you use your married name as your current legal name on the I-130/I-130A and all other US immigration forms.  List your maiden name (and any other names you may have used) under the "Other Names Used" section.  It's ok to do so even if you currently have no IDs listing your married name.  As @top_secret said, when it comes to changing your name for US immigration, the only ID that matters is the valid passport that you will bring to your visa interview.  You will have around 1 year from I-130 filing date, to get a new passport with your married name.  If for some reason you are unable to get a passport in your married name in time for your interview, the US embassy in Manila will not hold it against you for listing your married name on the I-130.  They will just print the visa with whatever name is listed on the passport you submitted.

 

[pushbrk 12,876]

You can file in the married name and change your ID later.  It's absolutely no problem.  It also does not cause any "delays" as one member mentioned, based on their own incorrect assumptions.  US Immigration does not "do background checks" on the foreign spouse.  You just get the applicable police report.  In this case, from NBI having obtained using both names.

[Rocio0010 5,579]

5 hours ago, pushbrk said:

You can file in the married name and change your ID later.  It's absolutely no problem.  It also does not cause any "delays" as one member mentioned, based on their own incorrect assumptions.  US Immigration does not "do background checks" on the foreign spouse.  You just get the applicable police report.  In this case, from NBI having obtained using both names.

Oh ok. Gotcha

Edited November 18, 2023 by Rocio0010

[Catfriends 0]

Thanks everyone for your replies