Apply with Married or Maiden Name?

[holyschmitt]

My wife and I recently got married and are now preparing the paperwork for the Green Card. She took my name, but her passport is still in her old name. We were wondering if we can apply for the Green Card under her new name despite her passport still being in her maiden name.

Does anyone have experience with this? Since things are taking a very long time with the passport change due to COVID we are hoping to apply now, despite the name problem. Eager to hear what others have to say!

[SmithB]

What do you mean she took your name? Did she legally changed it? if not her name is still as it was before and I don't think she can change before she legalize her new name!

[holyschmitt]

Yes she legally changed it, but through marriage here (in the U.S.). This change isn't reflected yet in her passport since we haven't been able to get the passport changed. So we're concerned about the fact that on all Green Card forms we use her new name, but the passport is in the old name.

We will of course provide copies of the passport + marriage certificate (showing the name change), but aren't sure whether it'll be an issue that the name change isn't reflected in the passport alone.

[Enub4]

I know that some countries will not change the passport name to the married name as used in the USA. If the legal name in the USA now is the married name, you can use that and when travel out of the country will need the passport and the marriage certificate or name change document. This until became citizen and use the US passport with married name for travel.