Should She Take My Name?

[Appaullo]

My SO has made it clear to me that she wishes to take my name once we marry. She wishes to change from <Family Name> <Given Name> to <Given Name> <Family Name> <My Last Name>. I am happy that she feels so strongly about taking my last name, but my concern is her Birth Certificate having one name and our Marriage certificate having another. I do not wish anything to trip us up in the Visa process. Any advice on this subject would be helpful. Sorry if this is in the wrong place. Also a warning: as my trip to China draws nearer you may see more questions from me. I wish for everything to be perfect so I may ask questions already answered elsewhere, I apologize for this in advance.

 

Appaullo

[dnoblett]

This not a problem, 2 ways to handle this.

 

If planning on doing CR-1 visa, file all paperwork and petition using Married name and on lines where it says "Other names used" put maiden name. Have wife have married name amended into passport so that visa and passport match. (the reason for this is if you want married name on Green-Card it has to be used for CR-1 visa)

 

If planning on K-3 then you could do it either way, can use maiden name for visa, and then file AOS using married name.

 

Also: if considering K-3, do the CR-1 visa you will be much more happy for it because of the INSTANT GREEN-CARD.

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[hopelives]

This not a problem, 2 ways to handle this.

 

If planning on doing CR-1 visa, file all paperwork and petition using Married name and on lines where it says "Other names used" put maiden name. Have wife have married name amended into passport so that visa and passport match. (the reason for this is if you want married name on Green-Card it has to be used for CR-1 visa)

 

If planning on K-3 then you could do it either way, can use maiden name for visa, and then file AOS using married name.

 

Also: if considering K-3, do the CR-1 visa you will be much more happy for it because of the INSTANT GREEN-CARD.

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

 

He should take into consideration, the CR-1 process is much slower if the Vermont Service center processes his paperwork

[JingJoseph]

My SO has made it clear to me that she wishes to take my name once we marry. She wishes to change from <Family Name> <Given Name> to <Given Name> <Family Name> <My Last Name>. I am happy that she feels so strongly about taking my last name, but my concern is her Birth Certificate having one name and our Marriage certificate having another. I do not wish anything to trip us up in the Visa process. Any advice on this subject would be helpful. Sorry if this is in the wrong place. Also a warning: as my trip to China draws nearer you may see more questions from me. I wish for everything to be perfect so I may ask questions already answered elsewhere, I apologize for this in advance.

 

Appaullo

 

Might be wrong but in NC wife couldnt take on my last name

until she can get her ssn card. Our marrage cert had to be

my last name, her last name. Sometimes the state, county, fed, uscis

have different rules. Thats what we have run into as far as the name

change thing goes.Ask the register of deeds in the county you live in about that if its where you will marry.Kinda confused about that still. Best to contact your local .gov about that The fed part I dont know.

We got married here with only her passport and form they had stating she had no ssn, her birth cert was not needed but mine was. Check with your counties register of deeds.

Edited November 12, 2008 by JingJoseph (see edit history)

[Appaullo]

Do we have a choice as to which Service Center our paperwork goes to? The form just lists an address for a lockbox.

 

Appaullo

[dnoblett]

Do we have a choice as to which Service Center our paperwork goes to? The form just lists an address for a lockbox.

 

Appaullo

You do not have a choice, Chicago chooses the service center that will process the petition based on your US residence address and sometimes shift things depending on workload at the centers.

[dnoblett]

He should take into consideration, the CR-1 process is much slower if the Vermont Service center processes his paperwork

The I-130 goes to USCIS Chicago PO BOX then they forward it to CSC or VSC, The I-129F for K-3 then gets sent to the center that is processing the I-130.

 

From what I have been seeing lately the I-129F gets tied to the I-130 and BOTH get approved and sent to NVC at the same time so it makes no difference to do CR-1 or K-3, both get linked and approved at the same time from either center.