Changing my last name, ESTA, and I-130

[Thehobbit9402 1]

Hello everyone,

I am back in my home country of Sweden now after spending 86 days with my now husband (as of January 10th). I was wondering some things regarding the steps moving forward - I am intending to change my last name (taking his), which would require me to get a new ID and passport, but that would also mean applying for a new ESTA. If I apply for an ESTA with an I-130 pending, I suspect this will most likely be declined? What would be the best approach here? Don't change my name and deal with changing the name on (hopefully) the greencard later? Don't send in the I-130 until our next visit is over, as we have not yet filed it? Would love some advice if possible. Thanks in advance

[OldUser 7,379]

The best approach is to file I-130 ASAP. The process takes close to 2 years and you don't want to miss any time. 

 

You can try applying for ESTA. If denied, your spouse can visit you.

[pushbrk 13,079]

3 minutes ago, OldUser said:

The best approach is to file I-130 ASAP. The process takes close to 2 years and you don't want to miss any time. 

 

You can try applying for ESTA. If denied, your spouse can visit you.

Yes, file the petition right away.  File it using your intended married name, even though you haven't officially changed it yet.  Get a new passport about a year from now, or even just before your visa interview. That way, they can issue visa and green card in the married name.

[Thehobbit9402 1]

2 minutes ago, pushbrk said:

Yes, file the petition right away.  File it using your intended married name, even though you haven't officially changed it yet.  Get a new passport about a year from now, or even just before your visa interview. That way, they can issue visa and green card in the married name.

Thank you so much. Would I then not immediately start the legal process of changing my name? But wait until after we have done our next visit? Just double checking to make sure I'm following!

[Thehobbit9402 1]

4 minutes ago, OldUser said:

The best approach is to file I-130 ASAP. The process takes close to 2 years and you don't want to miss any time. 

 

You can try applying for ESTA. If denied, your spouse can visit you.

Thanks so much for your reply. We are definitely looking at filing it as soon as we can just because we know it takes the longest. I don't know if this is a hard question to answer maybe, but how likely if you had to wildly guess would an ESTA denial be?

[OldUser 7,379]

3 minutes ago, Thehobbit9402 said:

Thanks so much for your reply. We are definitely looking at filing it as soon as we can just because we know it takes the longest. I don't know if this is a hard question to answer maybe, but how likely if you had to wildly guess would an ESTA denial be?

Because you're married to US citizen? 

Even with current ESTA you can be denied entry to the US on next visit. Especially if you travel too frequently for too long.

Edited yesterday at 09:30 PM by OldUser

[Thehobbit9402 1]

2 minutes ago, OldUser said:

Because you're married to US citizen? 

Even with current ESTA you can be denied entry to the US on next visit. Especially if you travel too frequently for too long.

I meant if I change my name and then get a new passport, where I have to re-apply for a new ESTA. I've only been to the US one time, October 24th 2024 to January 18th 2025. 

[OldUser 7,379]

2 minutes ago, Thehobbit9402 said:

I meant if I change my name and then get a new passport, where I have to re-apply for a new ESTA. I've only been to the US one time, October 24th 2024 to January 18th 2025. 

I wouldn't travel to the US for another 6-9 months to be on a safe side.

[Thehobbit9402 1]

2 minutes ago, OldUser said:

I wouldn't travel to the US for another 6-9 months to be on a safe side.

Thank you so much

[Scandi 4,180]

You can change your name in Sweden at any point, or no point. You don't have to have the same name in both countries. Most of us who came to the US on a K-1, got married and filed for adjustment of status inside the US - we changed our names in Sweden afterwards. No issues. So go ahead with your CR-1 and have your name changed in Sweden later, if you want to, doesn't matter. 

[JD2 99]

23 hours ago, Thehobbit9402 said:

Hello everyone,

I am back in my home country of Sweden now after spending 86 days with my now husband (as of January 10th). I was wondering some things regarding the steps moving forward - I am intending to change my last name (taking his), which would require me to get a new ID and passport, but that would also mean applying for a new ESTA. If I apply for an ESTA with an I-130 pending, I suspect this will most likely be declined? What would be the best approach here? Don't change my name and deal with changing the name on (hopefully) the greencard later? Don't send in the I-130 until our next visit is over, as we have not yet filed it? Would love some advice if possible. Thanks in advance

My spouse is waiting for citizenship to change her name.  It's free at that time and the form has a space for name change.

[pushbrk 13,079]

On 1/20/2025 at 5:25 AM, Thehobbit9402 said:

Thank you so much. Would I then not immediately start the legal process of changing my name? But wait until after we have done our next visit? Just double checking to make sure I'm following!

Change your name at your convenience, before applying for a new passport.