Changing last name / CR-1 Visa

[PleaseDeleteAcct 7]

Hi everyone, So far this forum has been incredibly useful to me. I have question though about changing names and such during petition time. My boyfriend and I plan to get married in January (he will return to England a few days later) and I wil petition VERY shortly after. My question is this:

I was told that even if I do not wish to legally change my last name to his name right away that I need to put his name on the marriage license/certificate so that when I'm ready to legally change it, it will not be a problem and we won't need a new marriage licencse/certificate. BUT if I don't change it right away and I'm filling out all the forms for the I-130 and all else to follow... what name should I write on the forms? (as my legal name would still be my madien name but our marriage papers would all have his name?)

Has anyone else had this situation... was this a problem for anyone else? if so, how would you go about it?

Thanks in advance for the help!!

-Jaym

Edited October 13, 2011 by xxJaym

[PantomimeGoose 59]

Much easier to get a new marriage certificate down the line than to debate with USCIS as to why your documents don't match? I'm a little confused though: how is it even legal to put a name which is technically not yours as your last name on a legal document like a marriage certificate?

[PleaseDeleteAcct 7]

Much easier to get a new marriage certificate down the line than to debate with USCIS as to why your documents don't match? I'm a little confused though: how is it even legal to put a name which is technically not yours as your last name on a legal document like a marriage certificate?

Well... Apparently, putting your new intended last name on the marriage license is legal because you intend to take his name in the future after the marriage is offical (which in NYS can be any time up to 60 days later) but it doesn't fully become your legal name until you go thru the steps and get a new SS Card, etc.

I don't want to legally change my name untill he is moved here and we do a "vow renewal" ceremony in front of friends and family. I guess it's probably worth it to just pay the extra money to have new marriage license/certificates made at a later date then... this part is the only part I'm still confused about

Thanks!

[Jojo92122 1,924]

Hi everyone, So far this forum has been incredibly useful to me. I have question though about changing names and such during petition time. My boyfriend and I plan to get married in January (he will return to England a few days later) and I wil petition VERY shortly after. My question is this:

I was told that even if I do not wish to legally change my last name to his name right away that I need to put his name on the marriage license/certificate so that when I'm ready to legally change it, it will not be a problem and we won't need a new marriage licencse/certificate. BUT if I don't change it right away and I'm filling out all the forms for the I-130 and all else to follow... what name should I write on the forms? (as my legal name would still be my madien name but our marriage papers would all have his name?)

Has anyone else had this situation... was this a problem for anyone else? if so, how would you go about it?

Thanks in advance for the help!!

-Jaym

Jaym,

You can change your last name on the marriage certificate (in some states) or you can use your maiden name and change your last name later.

If you change your last name on the marriage certificate, then you use your married name afterwards.

If you use your maiden name on your marriage certificate, you can use either your maiden name or your husband's last name. The marriage certificate with his name and your maiden name on it is enough for you to legally change your last name to his. You can change your last name at any time during the marriage.

Use your maiden name throughout the process. Once he gets his green card, you can do to the DMV and Social Security to have your last name legally changed.

http://www.ehow.com/how_4640_change-name-after.html

For your state, google "ehow change last name marriage new york" or whatever state you are in.

You are not in a unique situation. Changing last names is very common when dealing with immigration for a new spouse. USCIS are aware of this. They simply need a marriage certificate to link the two names together. Personally, I think it is better to use your maiden name on the marriage certificate because it shows a link between your maiden name and your new last name. If you just use your new last name on the marriage certificate, then it's harder to show the link between your maiden name (which isn't on the marriage certificate) and your married name.

For example: The marriage certificate shows "Mary Smith" and "Robert Jones." Under the laws of every state, you can use the marriage certificate to legally change your name to "Mary Jones." You can do this anytime during the marriage.

Alternative, the marriage certificate shows "Mary Jones" and "Robert Jones." It makes it much harder to show that "Mary Smith" is the same person as "Mary Jones."

If you choose to use your maiden name on the marriage certificate, you do not need to get a new marriage certificate when you legally change your name.

[wee carrington 33]

I moved to the UK and got married here 3 1/2 years ago. I have used my married name the entire time, however, I haven't changed my SS card yet. I called that visa call center and they told me to use my married name on the I-130, I did. When I got my I-130 approval in the mail it was addressed to my maiden name, so I took the hint- that's the name I should be using for official purposes.

[PleaseDeleteAcct 7]

You are not in a unique situation. Changing last names is very common when dealing with immigration for a new spouse. USCIS are aware of this. They simply need a marriage certificate to link the two names together. Personally, I think it is better to use your maiden name on the marriage certificate because it shows a link between your maiden name and your new last name. If you just use your new last name on the marriage certificate, then it's harder to show the link between your maiden name (which isn't on the marriage certificate) and your married name.

For example: The marriage certificate shows "Mary Smith" and "Robert Jones." Under the laws of every state, you can use the marriage certificate to legally change your name to "Mary Jones." You can do this anytime during the marriage.

Alternative, the marriage certificate shows "Mary Jones" and "Robert Jones." It makes it much harder to show that "Mary Smith" is the same person as "Mary Jones."

If you choose to use your maiden name on the marriage certificate, you do not need to get a new marriage certificate when you legally change your name.

Thank you so much, that makes a lot more sense. I didn't realize that it wasn't necessary to put my married name on the certificate. That clears up all of my problems!

I will use my current (maiden) name on the license (and therefore marriage certificate) so i can continue using that name for all I-130 and other CR-1 visa related forms/petitions until next year when we do a vow renewal and I legally take his name.

Thanks again!!!

[PantomimeGoose 59]

Well... Apparently, putting your new intended last name on the marriage license is legal because you intend to take his name in the future after the marriage is offical (which in NYS can be any time up to 60 days later) but it doesn't fully become your legal name until you go thru the steps and get a new SS Card, etc.

Weird! I didn't realize that was a possibility. I basically did the same thing (while using my maiden name on the marriage certificate) because I was told there's a pretty big filing fee for a name change in Texas anyway. Figure we'll make the switch when we have our 'real wedding' once this visa nonsense is all sorted.

[PleaseDeleteAcct 7]

Weird! I didn't realize that was a possibility. I basically did the same thing (while using my maiden name on the marriage certificate) because I was told there's a pretty big filing fee for a name change in Texas anyway. Figure we'll make the switch when we have our 'real wedding' once this visa nonsense is all sorted.

That may only be true in some places. I guess in New York theres a place for "name change" if desired on license. But I don't know this to be fact, just what I have heard from a friend who was semi-recently married, that's why I was a little confused with the facts and which name I should be using. But I think it just makes a lot more sense to keep my name for now either way... and deal with the name change when that time comes Thanks again everyone!!

[Done--Really 331]

Definitely a place for name change on the marriage certificte in NY, but it's much simpler than all this discussion--the visa will only be issued to the name in your passport no matter what other documents you have with a different name--we used my wife's married name all the way thru USCIS, and when it got to NVC, they changed it to her maiden name since that is what is in her passport.

So, if you want your marreid name on the visa, then you MUST get your passport updated.