Need advise.

[kumar19770816]

Hi,

My spouse passport has renewed and changed the middle and last name. She has already received the new passport along with the old passport. She would like to visit to India in February 2011 for a month. Her H4 visa will expire in July 2011. Please advise me about the following queries.

1. If she visits to India, will she have any issues in port of entry in USA because of visa expiring in July 2011?
2. Does she need to appear at Consulate General of the United States in India for visa stamping due to name changed and visa stamping in old passport?
3. Can she mention new name instead of old name in I94 when she returns to USA?


Thanks,

[chander_77]

As per my knowledge and suggestion-

Hi,

My spouse passport has renewed and changed the middle and last name. She has already received the new passport along with the old passport. She would like to visit to India in February 2011 for a month. Her H4 visa will expire in July 2011. Please advise me about the following queries.

1. If she visits to India, will she have any issues in port of entry in USA because of visa expiring in July 2011?

She should not have any issue though its good to enter back before 6 mo of VISA expire (to be on safe side.) She may be asked few question about ur job and purpose of visit to India. She can convince them by mentioning any family emergency.

2. Does she need to appear at Consulate General of the United States in India for visa stamping due to name changed and visa stamping in old passport?

I dont think its required. If she goes, she may get stuck because of 221(g) and she may need docs regarding ur employment. At port of entry she can tell the reason of changing middle and last name. If I am not wrong middle and last name are changed to husband family name. So she can show marriage certificate or other proof based on which names were changed in passport. Basically she needs to prove that person on old passport and new passport are same and reason for middle/last name changed. Perhaps you can prepare an affidivit and notarized by mentioning that both person are same and reason for name changed.

3. Can she mention new name instead of old name in I94 when she returns to USA?

On i-94, name should be same as on valid passport. so she has to write new name on I-94. On question about name change by immigration officer, she can mention same what I mentioned in point 2 comments above.