Name change after entering the US on IR1 visa

[lhp]

After my wife has her visa and gets over to the States, she'd like to change her name to take my own last name. I've looked at some old threads on here, but have mostly come up with threads about folks coming over on fiancee visas.

 

So, what's the skinny on name change after entering on an IR1? Will we need to have her passport sent to a Chinese consulate to have an "Also known as…" sticker added?

 

[Randy W]

After my wife has her visa and gets over to the States, she'd like to change her name to take my own last name. I've looked at some old threads on here, but have mostly come up with threads about folks coming over on fiancee visas.

 

So, what's the skinny on name change after entering on an IR1? Will we need to have her passport sent to a Chinese consulate to have an "Also known as…" sticker added?

 

 

 

That is a good idea, but not absolutely necessary. Having the "Also known as" addendum can make it easier, but having the marriage certificate handy will usually suffice when using the passport and green card.

 

Getting the green card changed to the new name will require filing an I-90 (and fee, which I believe is $400) for a replacement card.

 

The alternative is to keep the official documentation as is until a more opportune time to enact the name change - such as when filing for a replacement card (which, of course, is 10 years away), or when applying for citizenship - and using the new name on a more informal basis in the meantime.

[dnoblett]

What name will be on Green-Card? This would be noted on DS-260 and I-130 when processing for a visa, the problem in IR-1/CR-1 cases is if spouse does not change name in China the resulting visa would not match passport name.

 

A legal name change procedure varies by state, from what I see only at point of Naturalization (N-400) can someone do a name change without having to do a legal name change prior to naturalization, the N-400 provides for a Legal Name change as part of naturalization.

Couple options for a name change after arriving in the states.

1. If visa is a CR-1, and the resulting green-card is a 2 year conditional card, wait until just before removing conditions, and do a legal name change prior to filing I-751, and remove conditions using new name showing maiden name as "Other Names Used" See: I-751
2. If visa is IR-1 do a legal name change, then file an I-90 to replace maiden named green card with a married name one. Fee $450 See: I-90
3. Wait 3 years or so, and change name when filing an N-400 to become a US Citizen. (No need for a legal name change, Part 2 Question 4 allows for a legal name change as part of naturalization) See: N-400

In all cases can have a notation added to passport indicating married name.

 

In my wife's case since we married on a K-1, the name change was handled by adjusting status using married name, when she renewed her Chinese passport, the office would not do the addendum, so it remained in maiden name it never gave us problems when traveling. Eventually when she became a citizen, her American passport is in married name.

 

Study some topics tagged Name Change: http://candleforlove.com/forums/tags/forums/name%2Bchange/

[dan_ling]

Is there an option to change name at POE, I thought I remember someone mentioning this?

[dnoblett]

Is there an option to change name at POE, I thought I remember someone mentioning this?

The problem has to do with document showing how the name was changed, for marriages in the USA that would be marriage certificate. However for those married in China, that tends to not be the case, the Chinese marriage certificate tends to not change name per custom in China. All the POE does is check passport and visa to verify allowed entry to the USA, and takes the immigration packet, they don't do anything regarding the resulting green-card.

 

Only other possible point where I could think green-card name could be specified may be when paying the $165 immigrant fee online. But I doubt it.

http://www.uscis.gov/forms/uscis-immigrant-fee

[Randy W]

A name change in the U.S. due to marriage is almost always legal upon assumption of the new name - the marriage certificate, whether Chinese or American, provides all the proof needed in most cases when presented with a document in the maiden name.

 

The problem lies in changing other official documents - namely the passport, green card, Chinese I.D., Social Security, driver's license, etc. It's not quite as easy for an immigrant as for an American citizen. Like Dan says, though, the Chinese passport and I.D. will usually continue to reflect the maiden (birth) name.

[lhp]

Thanks for the responses. Sounds like it will be relatively straightforward (though not as easy as it is for others), though expensive.

 

Looks like we'll go the I-90 route. My wife will be eligible for a 10 year GC (she'll be entering after 2.5 years of marriage), and I don't think we want to wait until citizenship in three years' time for the name change, so we'll just bite the bullet and go through the legal name change procedure.

 

I'd love to hear anyone's story of doing a name change after marriage in China…I wonder if that's even possible to do.

[dnoblett]

A correction to the name change at citizenship, here is what USCIS says.

 

8. Can I change my name when I naturalize?

 

Congress did not give USCIS legal authority to change a person’s name when that person naturalizes. Therefore, there are only two ways that USCIS can issue your Certificate of Naturalization under a new name:

 

1. If you present proof that you have already changed your name according to the legal requirements that apply to persons living in your State, USCIS can issue the Certificate of Naturalization with your new name. Such proof might include a marriage certificate or divorce decree showing that you changed your name when you married or divorced. It might also include some other State court order establishing that you changed your name.
   
2. If you are going to take the Oath of Allegiance at a Naturalization Ceremony that is held in Court, you may ask the Court to change your name. If the Court grants your request, your new name will appear on your Certificate of Naturalization.

http://www.uscis.gov/sites/default/files/files/article/chapter3.pdf

[lhp]

We went ahead with my wife's name change after entry on an IR-1 visa. Here's how we did it.

 

1. Got a Social Security Card. We went to the SSA office to expedite this process. It only took a week for the card to be printed and mailed to us, which I thought was pretty good. We needed the SSN/card in order to do the name change and get her a driver's license. All we took with us was her passport.
2. Went to the County Courthouse to file paperwork. In our state (Washington) it was enough to have my wife's passport (with visa) and Social Security card. We kept the card attached to the mailing sheet it came one. Since the mailing sheet has her name and address on it, this served as proof of residence. The fee was $170, plus $5 for another copy of the order. When we went in I was worried that it'd take a while to actually get a date to go before the judge, but it turns out that if you file in the morning they can book you for the afternoon.
3. Went before the judge. This would have take about five minutes (including time waiting for other name change cases to go first), but the clerk forgot to bring in the name change paperwork so we had to sit through a small claims case. The judge called up my wife, swore her in, asked if all the information on the application was truthful, and then said "I am approving your name change. Congratulations and good luck." And that was that.
4. Went back to the SSA to report the name change. Immediately after getting out of court we walked to the SSA offices and updated her information with them.

The green card hasn't arrived. Once it doesn't we'll file the I-90 and get the name changed on it, too.

 

So in the space of a week and a half my wife had to go to the SSA twice and the County Courthouse twice. Next up are adventures at the DMV. (The wait at the DMV to get her Instruction Permit was 45 minutes.) Welcome to America!

Edited January 23, 2015 by lhp (see edit history)