A little assistance

[helpmylife]

Hello all,

Thank you for being so helpful on this forum, I have learned alot and have been able to start preparing my wifes package for submitting to USCIS. I have a couple questions you might be able to shed some light on for me.

1.) I will be applying for both my wife and her son, do I put all petition documents in the same mailing envelope or do they need to be seperate? I am submitting the proper documents for both and seperate checks but wasnt sure if they can be mailed and submitted together.

2.)My wife previously kept her 1st husbands last name (For her sons sake) and now that we are married she still needs to update her documents (passport and ID etc.) with her new married last name. When completing her family name, I should use her previous name that is on all her documents?

Thanks for any assistance you may provide!

[rayb]

Helpmylife guy,

Include both petitions in same mailing envelope, but clearly separated with each having its own packet. I normally include each's paperwork in an individual plastic sheet protector.

Unless you want your wife to have her Green Card issued with another man's family name, use your wife's new married name (your name) on all immigration-related paperwork for her. Be sure and encourage her to have her passport amended to reflect her new married name, or you may later have some NVC or Embassy consternation, since the visa must be issued in the name on the passport.

--Ray B

Hello all,

Thank you for being so helpful on this forum, I have learned alot and have been able to start preparing my wifes package for submitting to USCIS. I have a couple questions you might be able to shed some light on for me.

1.) I will be applying for both my wife and her son, do I put all petition documents in the same mailing envelope or do they need to be seperate? I am submitting the proper documents for both and seperate checks but wasnt sure if they can be mailed and submitted together.

2.)My wife previously kept her 1st husbands last name (For her sons sake) and now that we are married she still needs to update her documents (passport and ID etc.) with her new married last name. When completing her family name, I should use her previous name that is on all her documents?

Thanks for any assistance you may provide!

[helpmylife]

Rayb,

Thanks for the quick response.

She is here on a B2 that was issued prior to us getting married (we have a bonafide relationship and will prove), so she has not had the time to update her passport/visa, her departure date is 08/19. Can we still apply using "the other mans family name" and just update the green card later once we have the supporting documents for name correction? For me its more important that we can change her status rather than worry about her last name being someone elses!

We didnt plan to do it this way, but now were stuck in a pickle. a big one!

[rayb]

Yes, if you are processing your wife here without her going through the U.S. Embassy for consular processing, there is o need for her to amend her passport to her married name. You can do all the paperwork here (I-130 and I-485 and supporting documents) in her new married name, and the Green Card will be issued in her new family name.

--Ray B

Rayb,

Thanks for the quick response.

She is here on a B2 that was issued prior to us getting married (we have a bonafide relationship and will prove), so she has not had the time to update her passport/visa, her departure date is 08/19. Can we still apply using "the other mans family name" and just update the green card later once we have the supporting documents for name correction? For me its more important that we can change her status rather than worry about her last name being someone elses!

We didnt plan to do it this way, but now were stuck in a pickle. a big one!

[helpmylife]

Thanks Rayb, so just to be clear, even though her passport/visa currently has her previous name, we can submit the i485 and I130 and supporting documents using her new name? We are filing concurrently here through the Chicago lockbox as that is where we are located. We will update her passport and such

[rayb]

The rationale for my earlier post is that consular processing requires the visa to be in the same name as the passport name.

But if processed in the U.S., the passport name is not an issue, since there will be no visa issued.

--Ray B

Thanks Rayb, so just to be clear, even though her passport/visa currently has her previous name, we can submit the i485 and I130 and supporting documents using her new name? We are filing concurrently here through the Chicago lockbox as that is where we are located. We will update her passport and such

[helpmylife]

Just a followup, we had our biometric appointment And ran into issues about filing under my wifes new name (mine) and the passport not matching. They said you should file under the former name that is on her passport and that the name change process would happen at the interview. We were able to proceed after driving back an hour home and obtaining our marriage license and returning to the application center. They said that they would submit information to the benefits center with her old name but an AKA to her new name.

I figured id leave this information here incase anyone comes across this thread and does what we did.

[bandk]

Just a followup, we had our biometric appointment And ran into issues about filing under my wifes new name (mine) and the passport not matching. They said you should file under the former name that is on her passport and that the name change process would happen at the interview. We were able to proceed after driving back an hour home and obtaining our marriage license and returning to the application center. They said that they would submit information to the benefits center with her old name but an AKA to her new name.

I figured id leave this information here incase anyone comes across this thread and does what we did.

This is interesting and totally conflicting to what happened to us. We filed with my wife's new name everything. Biometrics went OK with her maiden name passport and marriage certificate. Marriage certificate is a legal document that warrants name change. She got her EAD/AP and Green Card with no problem.

[helpmylife]

Very interesting indeed. We should have arrived prepared with our marriage license, but the form only said photo ID was required, otherwise we wouldnt of had to drive back. Once we produced the certificate, the processor told us that we should have used her name on her passport because they cant verify who she is without having identification. He said the name change process would take effect during the interview. Not sure how accurate this is but I sure hope this doesnt create more problems/delays since her passport is under her previous name.