QUESTION
Does my wife need to update her name on her green card before filing an I-130 for me?
Asked on Feb 07th, 2017 on Immigration - Georgia
More details to this question:
I am a foreign national who married my wife who is a US permanent resident. We got married in the US and she took my surname upon marriage. Does my wife, as the I-130 petitioner, need to apply for a new permanent resident card with her updated surname before filing the I-130 or will our US marriage certificate suffice? Also, she has 3 middle names. Her permanent resident card has all her old names; however, our marriage certificate only has her first name, first middle name, second middle name initial and my new surname. Which name should she include on the I-130 in accordance with my first question?
1 ANSWER
When a Lawful Permanent Resident becomes married to a foreign national, and the couple lives in the U.S., they may be able to successfully pursue the steps for the spouse to become a Permanent Resident, beginning with a Form I-130 Petition for Relative Alien. When names to not precisely match from document to document as described in your question, that generally is a relatively minor complication that can be addressed in the application process by showing the person is known by multiple names, without the necessity of applying for a replacement "permanent resident card" or seeking to modify a marriage certificate. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant details, could advise about eligibilities, options and strategies, including the most appropriate ways to address the inconsistencies in use of names, and who could offer legal representation in the often complex application process.
Answered on Apr 11th, 2017 at 10:25 AM