I-130 for married sibling from Pakistan, current name vs maiden name

[letmein 0]

US citizen applying I-130 for his married sister from Pakistan. Her married name is her current name. Her National ID card (NIC/NADRA) card has her current/married name. 

Example (using madeup names):

 

Maiden Name (matches the birth certificate): Jane Smith

Married Name (matches her current NADRA card): Jane Michael

 

I know I have to attached birth certificate to establish the sibling relationship. Do I need to provide proof of her current/married name? 

 

Other than NADRA card, I don't see any other way to provide the proof? But it may not be very clear to USCIS what's the purpose of NADRA card unless I explain that it contains her married name. Is this enough proof? Typically for a name change due to marraige, a marriage certificate is required but Nikkah Naama/Marriage Certificate in her case contains her maiden name and there's no court order either (typically not required in Pakistan esp. shen changing one's name after marriage. Please help as I'm at a loss on what to do in this case. Thank you so much and looking forward to hearing your experience or input.

 

[Boiler 45,451]

What if a name has changed?
If either you or the person you are filing for is using a name that is not the same name shown on the relevant
documents, you must file your petition with copies of the legal documents reflecting the name change, such as a
marriage certificate, adoption decree, or court order

[letmein 0]

Thank you so much for you reply. It's slightly tricky in case of Pakistan and people from Pakistan would understand the issue. To reiterate, the name on a birth certificate is maiden name for a woman. So far so so good. she gets married and the marriage certifiacate that's issued at the time of the wedding ceremony bears her maiden name. Now she applies to update her name in the national ID card information database (known as NADRA) and provides the proof of marriage. She writes whatever name she pleases when upadting here name but typically it's the change in last name to take Husband's last name or interesting in case of Pakistan Husband's first name. She's issued a new ID card with her new name. So in this process the end result is that she has a ID card that's recognized in Pakistan as official document showing her current name.

 

Example:

Sibling's Maiden Name: Jane Samith

Sibling's Husband's Name: Joe Johnson

Sibgling's Name after marriage/also her current name: Jane Joe

 

There's no court order for changing the name. The name change is due to marriage so marriage certificate is used for updating the name in national ID records. I hope that's making sense.

 

[Boiler 45,451]

So the same as the UK.

[appleblossom 2,448]

1 minute ago, Boiler said:

So the same as the UK.

 

 

Yep. When I changed my name due to marriage in the UK I had no court order or proof of it other than my marriage cert (which is in my maiden name). 

 

OP, just submit what you do have and that should be fine. You can look at the NVC web page to see if anything different will be required for that stage and/or the visa interview, but obviously you're decades away from that point anyway so it may change between now and then. 

 

Good luck. 

 

[letmein 0]

Interesting to know that UK doesn't have any special court order or any other proof of name change after marriage. I'm usually hestitant to leave it up to USCIS to interpret things as anything out of the ordinary can ptentially throw them off. At the same time, I wouldn't want to give them more than what's needed. Here's what the siblingh as available to her that shows her married name:

 

1. ID Card (known as NIC - National ID Card issued by Pakistan's National Database & Registration Authority (NADRA))

2. Marriage certificate known as Nikah Nama in Urdu showing her maiden name and husband's full name, no translation in English at the moment and would be extra hassle to get one now

 

Are submitting the ID card with her married name along with marriage certificate translation in English her best options? 

[appleblossom 2,448]

4 minutes ago, letmein said:

Interesting to know that UK doesn't have any special court order or any other proof of name change after marriage. I'm usually hestitant to leave it up to USCIS to interpret things as anything out of the ordinary can ptentially throw them off.

 

I don't think it's out of the ordinary though, I'd imagine most countries are the same and the marriage certificate will suffice. Same as if somebody got divorced and decided to revert back to their maiden name, there's usually no proof of that other than the divorce cert either. 

 

I'd just give them everything you've got. 

 

"For purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either (for example, hyphenated name, pre-married name or spouse’s surname). Requestors must submit legal documentation, such as that listed below, to show that the name used is the requestor’s legal name:

• Civil marriage certificate;
• Divorce decree;
• Family registry;
• Country identity document;
• Foreign birth certificate;
• Certificate of naming; or
• Court order."

Good luck. 

[Boiler 45,451]

UK was you went in the back after the Service and signed the paperwork with the Vicar and walked out, I assume he registered a copy.

 

US you got a license, got married, sent it in to the County and they sent you the Certificate a few days later, mind you I have read that places like CA can take their time. 

[JeanneAdil 6,489]

you will be putting "all names (alias used)" on the petition along with listing her husband and his name

as well as her name and alias used on his I 130 

 

In Morocco when i married the women do not change their last name so judge looked at my birth certificate and wrote my maiden name and i, using the last name of my late husband ,  signed a different name as was on passport and all other ID's ...   was not a problem as US embassy personal are use to name changes.   

[SalishSea 17,807]

3 hours ago, letmein said:

Interesting to know that UK doesn't have any special court order or any other proof of name change after marriage. I'm usually hestitant to leave it up to USCIS to interpret things as anything out of the ordinary can ptentially throw them off. At the same time, I wouldn't want to give them more than what's needed. Here's what the siblingh as available to her that shows her married name:

 

1. ID Card (known as NIC - National ID Card issued by Pakistan's National Database & Registration Authority (NADRA))

2. Marriage certificate known as Nikah Nama in Urdu showing her maiden name and husband's full name, no translation in English at the moment and would be extra hassle to get one now

 

Are submitting the ID card with her married name along with marriage certificate translation in English her best options? 

Not just the UK- the US doesn’t, either.   The legal document for name change through marriage is the marriage certificate itself.  There is no court involved at all.

[letmein 0]

8 minutes ago, SalishSea said:

Not just the UK- the US doesn’t, either.   The legal document for name change through marriage is the marriage certificate itself.  There is no court involved at all.

Does the marriage certificate in the US contain the new name (assuming wife took part of husband's name? In Pakistan, the original marriage certificate usually doesn't contain the new name. The assumption of the new name by the married wife is done separately by using the marriage certificate and obtaining a new ID card which has her husband's name as well as her new name if she chooses to change her name or her maiden name if she decides to keep her maiden name.

[letmein 0]

2 hours ago, JeanneAdil said:

you will be putting "all names (alias used)" on the petition along with listing her husband and his name

as well as her name and alias used on his I 130 

 

In Morocco when i married the women do not change their last name so judge looked at my birth certificate and wrote my maiden name and i, using the last name of my late husband ,  signed a different name as was on passport and all other ID's ...   was not a problem as US embassy personal are use to name changes.   

Interesting. So her current name would be the name of the applicant and I could put her maiden name in others names used (aliases) field on the I-130 form?

[SalishSea 17,807]

2 minutes ago, letmein said:

Does the marriage certificate in the US contain the new name (assuming wife took part of husband's name? In Pakistan, the original marriage certificate usually doesn't contain the new name. The assumption of the new name by the married wife is done separately by using the marriage certificate and obtaining a new ID card which has her husband's name as well as her new name if she chooses to change her name or her maiden name if she decides to keep her maiden name.

Obviously marriage certificates contain the full names of both parties.   The person who is changing his/her name simply starts using the new name and provides the MC as evidence.  
 

So if Jane Smith marries John Jones,  and she wants to change her name, she starts  going by Jane Jones and provides certified copies of the MC to social security administration, DMV, her employer, passport agency, etc.   It’s  really very simple.

5 minutes ago, letmein said:

Interesting. So her current name would be the name of the applicant and I could put her maiden name in others names used (aliases) field on the I-130 form?

Yes

[appleblossom 2,448]

Just now, letmein said:

Does the marriage certificate in the US contain the new name (assuming wife took part of husband's name? In Pakistan, the original marriage certificate usually doesn't contain the new name. The assumption of the new name by the married wife is done separately by using the marriage certificate and obtaining a new ID card which has her husband's name as well as her new name if she chooses to change her name or her maiden name if she decides to keep her maiden name.

 

Exactly the same as in the UK, and the US it seems. My marriage certificate only has my maiden name on it, I just assumed my husband's name from the date of the wedding and that was it, there's no official record of the change other than our marriage. 

[JeanneAdil 6,489]

2 hours ago, letmein said:

Does the marriage certificate in the US contain the new name (assuming wife took part of husband's name? In Pakistan, the original marriage certificate usually doesn't contain the new name. The assumption of the new name by the married wife is done separately by using the marriage certificate and obtaining a new ID card which has her husband's name as well as her new name if she chooses to change her name or her maiden name if she decides to keep her maiden name.

woman's maiden name on marriage license (NYS)and son born in NYS and 1 in Virginia  (all list maiden name of the woman)

only  document listing my married name is my husband's death notice in Tennessee

 

I would list her new married name if u want the green card to post it as such

and maiden name and other alias as other names used