Will My Wife's Surname Name Change Affect The I-130 Application?

[EYYS 0]

Hello! Me and my partner of 10 years finally got married last week in Japan. We want to file the initial I-130 petition ASAP once we receive our marriage certificate from city hall.

 

My question is, would our I-130 application be negatively affected if my wife updated her last name to my last name AFTER we had already submited the I-130? This would mean that her new last name and her new passport (which would reflect the new last name) would not be the same as the information/documents I uploaded to the USCIS website.

 

I ask because if we waited to do everything in the "correct" order (i.e. name change, new passport application, send I-130 petition), this would set us back about two months.

 

Thank you for your advice and insights.

 

Eric

[Crazy Cat 41,858]

Personally, I would consider waiting until after your spouse becomes a US citizen to change the name.  Changing a name in the middle of the immigration process can cause errors or confusion at USCIS.  My wife has not changed her name.  It has not created any issues in the US or in her home country. 

 

By waiting to change legal name allows everything during the immigration process (passport, visa, police certificates, etc) to reflect unmarried name consistently.   Just an idea to consider.

Edited October 20 by Crazy Cat

[manyfudge 291]

Before you file i-130, do you qualify for direct consular filing?

Can you get a US based job offer?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[top_secret 2,421]

If she wants to change her name and is able to get her foreign passport changed, it is WAY, faster, easier, cheaper and better in every single way if she can do so before her interview.  It will not affect her case in any way.  If she waits until she gets to the US she will have to change her name dozens of times, dozens of places, later on.  USCIS, Social Security, State DL, banking, bills, insurance, employers, titles,leases, etc etc.  Its a huge hassle and will literally take years to change her name in the US.  If she can just change a single passport before her interview it all goes away and everything is automatically correct from day one in America.

[pushbrk 12,883]

If it is her intention to change her surname, and she is able to do so in Japan, then file with the married name, and do the change ASAP.  No problem at all, and much less hassle than waiting until US Citizenship.