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Name annotation issue on spouse's passport for 485 stage

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  • Name annotation issue on spouse's passport for 485 stage

    Hi,

    My wife's H1 case is selected in lottery but they have not started processing it yet. I am applying for 485 and I will report her current status as H4 as H1 is not approved for her.

    Now, she has her old name (prior to marriage) in her passport as we didn't get much time to get the name changed or get my name embossed/annotated in her passport. Since her H1 is applied as per her name (prior to marriage) as in passport I can not annotate my name in her passport anyway.

    I happened to read that for AoS, the annotated name is required for the spouse on H4, but I did not get much information about the cases where wife is on H1. Can someone shed some light on it and suggest what can be done?

  • #2
    Nope it is not necessary can you send the link to where you read that, and why would they force anyone to change name if they dont want to. You can get it annotated using the marriage certificate, a wife does not have to take on husbands name for any reason at all and no one can force har to. If it is convenient keep it the way you like.

    I am very interested in the source of this info

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    • #3
      Name annotation issue on spouse's passport for 485 stage

      Thx for the reply.

      I read it in an faq document prepared by Sikal & associates (immigration attorney). A friend of mine received a faq document for 485 process from them. I am pasting the entire question and the answer as per them -

      Can I file with my spouse name even if I have not yet annotated in the passport?
      In the interest of time we can accommodate your request. However, USCIS will want to see the name in your passport prior to adjudicating your case. Get the name change process initiated in parallel.

      My employer is also asking me to get my name endorsed/annotated in my wife's passport.

      I learnt at the Indian Consulate Site (of Houston and Chicago) that, if my wife has to get my name added as her spouse in her passport, they will issue an entirely new passport along with the old one. I have no idea what will happen to her H1 stamping after she gets her H1. We have given her current passport# in her H1 application. Is this process of endorsing, absolutely necessary?

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      • #4
        I personally think that this is BS but you have to make your own decision. One thing I know that to get the name endorsed she does not need to change her name if she does not want to, she just needs the marriage certificate and you should have her name endorsed as well at the same time.

        As for H1 it will not matter she will just have to carry her marriage cert. and both passports to the consulate.

        But it is your call and no one can force you to change your name.

        My friends are preparing their packet right now, with similar issue no one told them to change anything

        And just for name endorsement the indian consulate will not issue new passport. You will have to be clear that you are just endorsing names not changing them
        Last edited by waitin_toolong; 06-22-2007, 09:24 PM.

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