question regarding name???

[chyna]

Hi,

I am in the process of applying for my F1 Visa. Here's a little background. I got married in 1999 in my country, unfortunately things didn't go to well and we ended up seperated with a son. We've been seperated for 6 years now. But even though I got married, I never really used my married name, I've continued to use my maiden name when applying for drivers license, voting, even with my passport. up to now, all my documents are under my maiden name. Will this give me a problem if I apply for my F1 Visa using my maiden name instead of my married name? I got married at a very young age, and even though I got married for the sake of my parents, I always knew that it wasn't going to last, and therefore never really had the need to use his name. I wanted to ask this question, as I really don't want to have any problems later on down the road. I'm also in the process of filing for annulment.

[PraetorianXI]

You need to get the marriage annulled or get a divorce finalized before you apply for a visa... what do you plan on answering on the immigration forms as your marital status?

[chyna]

Yes, the annulment process has been started, but my lawyer says that it may take more than a year for the annulment process. I was going to let immigration know the truth about my status "married" since I have no other choice. My no good "husband" already has a family and I have no communication with him anyways, he doesn't support his son at all, hence my reason also for not using his name for any of my legal documents. I've already got my I-20 and was going to put in for my student visa documents, but I guess this IS going to be a problem. This really puts a damper on everything as I have no clue how long the annulment will take. Annulment in the Philippines is so hard to get and takes a lot of time from what I heard.

[chyna]

well ok, i have another question, since I'm still married, should I just go ahead and re-file using his last name and go ahead with the student visa process while waiting for the annulment outcome?

[PraetorianXI]

You do not have to take his name. Some cultures don't... that will be fine, for as long as you disclose your real marital status to the Consular Officer, you should be fine.