Name Change / Green card

[malachi]

Not sure if this is the right place to start, but here I am anyways.

 

As a background, I'm a US citizen, and my fiancee is a Chinese citizen. She's living here in the states on an H-1B visa.

 

When we've talked about whether to change her last name after marriage (I understand that this is not normal for Chinese women), but my fiancee is very concerned about the hassle of trying to change her name while simultaneously applying for her green card.

 

If we decide to change her last name to mine (its still not something we've fully decided on), we don't know anything about what this would entail. Would we need to get her name fully changed first (along with getting a new passport, etc), and then apply for the green card, do it the other way around, or do both at the same time?

 

If it makes a difference, she isn't planning on becoming a US citizen in the near future.

 

Thanks for the help!

[dnoblett]

My wife came here on a K-1, name change is simple, get married, and specify name on the marriage license, and then file to adjust status using married name, never a hassle.

 

You would do the same, get married and then file an I-130 and an I-485 using married name, and the lines on the forms that ask "other names used" you indicate maiden name.

 

My wife's cousin was here on a F-1 student visa, did same married and filed I-130 + I-485 in married name to adjust status.

[Greg.D.]

What we did:

- applied for visa under her name

- arrived in US which generated the I-94

- got married ASAP using her name - as Denver, Colorado does not allow for changing your name in the marriage app or certificate

- went over to SS to get a SS card/number where they are happy to change your name. First thing she received with my name as her last name

- finished health exam stuff here under her name

- filed I-485, travel/work, did biometrics using her name

- applied for DL but they would only accept name on I-94

- went to bank to add her to my accounts but they would neither let on my account or even let her open an account because her SS card/number did not match her passport or DL (there has been discussion here re: whether or not a bank or credit union is obligated to allow a foreigner open an account with/without SS card)

- Went to AOS interview for the green card and, finally, were asked if she would like to use my name as her last name

 

Others have changed their name through marriage but continued to use their China passport with un-married name. Probably what we will do

[dnoblett]

Also don't worry about Chinese passport in maiden name, when traveling can carry a photo copy of marriage document showing how name changed and remember to book airfare using name as shown in passport.

 

As for adjusting status, don't hesitate on asking questions.

[malachi]

Thanks for the information!

 

Seeing that it's not going to be as much of a hassle as we'd originally thought, looks like we just have to decide whether to go Chinese or American on this.

[AT Thru]

I was wondering to how to go about name change. We married in China she kept her last name. We are waiting on the Visa now ( it had to go back to consular because a tear in the package) We want to change her name to my last name and were wondering how to do that. Do some people get married here as well and do it then? Has anybody else got married in China and then had wife take your last name here?

[dnoblett]

I was wondering to how to go about name change. We married in China she kept her last name. We are waiting on the Visa now ( it had to go back to consular because a tear in the package) We want to change her name to my last name and were wondering how to do that. Do some people get married here as well and do it then? Has anybody else got married in China and then had wife take your last name here?

You will have to wait until later in the states, in your case it is not a simple matter of doing it as part of the visa process.

 

If resulting visa is CR-1 wait until removing conditions and do a legal name change per your home state requirements then file removal of conditions using changed name. Other point where can leaglly change name would be if and when naturalize for citizenship.

 

If at other times there will be the added crazy expense of filing an I-90 for a replacement green card in changed name.

[AT Thru]

That's what I was afraid of. I had read somewhere that they asked at point of entry to change name and they did, sounded a little to easy.

[dnoblett]

That's what I was afraid of. I had read somewhere that they asked at point of entry to change name and they did, sounded a little to easy.

 

I can remember this one where they wanted to do a First and Last name change.

 

http://candleforlove.com/forums/topic/42482-first-name-change-order-of-operations/ Here is what they went through.

 

If you do decide to go this route keep in mind filing an I-90 to then get green-card reissued in new name will cost you $365 fee + $85 bio fee or $450 total. Ridiculous for a card change.

[Randy W]

That's what I was afraid of. I had read somewhere that they asked at point of entry to change name and they did, sounded a little to easy.

 

 

Many states allow a common law name change - the wife can assume her chosen name with no legal entanglement. If already married (NOT K-1), show them the marriage certificate and ask at the POE - if they will do it for you, then, yes, it really is that easy.

[AT Thru]

 

That's what I was afraid of. I had read somewhere that they asked at point of entry to change name and they did, sounded a little to easy.

 

 

Many states allow a common law name change - the wife can assume her chosen name with no legal entanglement. If already married (NOT K-1), show them the marriage certificate and ask at the POE - if they will do it for you, then, yes, it really is that easy.

 

Really, If she shows them the red book /white book at POE they might issue her the green card in my last name? Has anyone here done that?

[Randy W]

 

 

That's what I was afraid of. I had read somewhere that they asked at point of entry to change name and they did, sounded a little to easy.

 

 

Many states allow a common law name change - the wife can assume her chosen name with no legal entanglement. If already married (NOT K-1), show them the marriage certificate and ask at the POE - if they will do it for you, then, yes, it really is that easy.

 

Really, If she shows them the red book /white book at POE they might issue her the green card in my last name? Has anyone here done that?

 

 

I believe someone has - it might be difficult to find, though.

 

I've seen talk of filing the I-130 with the married name and getting the green card that way.

 

Marriage certificates in the U.S. show only the maiden names - not the name you are changing to - at least in Texas and Florida as far as I am aware. This is known as a "common law" name change. The problem WE have is that the NEW name (desirably) will need to show up on the green card, since most of her documentation (SS and driver's license) will show THAT name.

 

But you will need to get the Immigrations Officer at the POE to agree to enter her name that way - you will need to play it by ear. If not, there's always the I-90 and/or subsequent Immigrations/Naturalization applications.

 

Name change after entering the US on IR1 visa

[Randy W]

I found this on VJ - the name change procedure, effected by an Immigrations Officer, by Chen Chen Julian (you've seen some of her videos here). She needed a "home built legal form" - your marriage certificate would serve that purpose, although I suppose it might help to have a similar "home built legal form" ready to show the Immigrations Officer at the POE. You might add the notation "due to marriage".

 

http://www.visajourney.com/forums/topic/85363-changing-the-name-of-a-19-year-old-on-initial-green-card/?p=1234331

 

What he posted here on CFL - http://candleforlove.com/forums/topic/32988-catch-22-on-name-changing/page-2?do=findComment&comment=434789

Edited October 15, 2016 by Randy W (see edit history)