Hi I'm applying for marrige-based immigration (I-485). In the marrige certificate I've requested to change my surname to my wife's surname. Under which name should I submit the documents, if my birth certificate and passport are in my old name, and the only proof of name change is marrige certificate? Thank you!
In immigration cases based upon marriage, the applicant can apply under his or her own surname or the spouse's. This is the exception to the rule that the name on the case must be the one on the birth certificate barring a recognized name change. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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