Family Name and Adjustment of Status

[tutterrow 0]

I recently married a Thai flight attendant. She will be coming to the US on a tourist visa tomorrow and I'm in the process of filling out the initial forms I-130 and G-325A. I've got two questions

1. She has already taken my last name and had her name changed in Thailand, both on her passport and in the local office. When we are filling out biographical information, I assume the US agencies will refer to her passport as her ID, thus we should use my last name as the family name. Is this correct?

2. She will be here for 6 months on a tourist visa, on the I-130 form it asks about her location when asking for where she will apply for adjustment of status. Can she apply for that here as it suggests, or since she is only here on a tourist visa, must she return home to Bangkok.

thank you

[Kez/JWolf 6]

1. Yes you would use the name on her passport....

2. she will have to return home to complete the visa process, she can not arrive with intent to remain and do AOS from a tourist visa....

Kez

[tutterrow 0]

Thanks so much for the quick reply!

[MargotDarko 0]

Make sure she brings lots of proof of her ties to Thailand. Her tourist visa does not mean she won't be denied entry. And now that she's married to a USC, it is seen as much risker to let her in especially if she doesn't show proof of returning home in the allotted time. Good luck!

[HOHOHO 0]

1. She has already taken my last name and had her name changed in Thailand, both on her passport and in the local office. When we are filling out biographical information, I assume the US agencies will refer to her passport as her ID, thus we should use my last name as the family name. Is this correct?

We've actually made a point NOT to do any name changes because of it adding a layer of these kinds of questions.

I wonder though if, when the time comes, they'll be more skeptical because my wife hasn't changed names.... anyway

good luck.