QUESTION

What is the best way to handle a name change after an immigrant fiancée gets married here in the U.S?

Asked on Jul 23rd, 2017 on Immigration - New York
More details to this question:
She entered the country on a K1 fiancée visa, and a couple weeks later we were legally married. She wants to take my name, but we're not sure which pieces need to affected in what order and with which name(s). Only the marriage has occurred and nothing has been filed or filled out in terms of the Social Security or Immigration stuff. We're confused as to which steps to take. A simple, ordered list of what should be completed and with which name would be incredibly helpful.
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
You appropriately recognize that correct and precise identification of names can be essential for success in an immigration application. While it may be possible to initiate a name change application in the Superior Court in the county in which you and your wife reside, that is unnecessary. Your wife has the option of identifying your last name as hers following marriage, but in the immigration application process she should clearly show that she also has been known by her maiden name (as reflected on her birth certificate, and presumably as reflected on the marriage license). It is unnecessary for Social Security records to be updated prior to completion of a marriage-based adjustment of status application process. Identification of names is just one of many topics that can be significantly more complex than it may appear just from reading the instructions on the immigration forms and reading the immigration statute itself. Errors can cause significant delays or even more harsh consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 12th, 2017 at 1:40 AM

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Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
If she did not choose your name during the marriage, she will have to get a court order to change her name or wait until she applies for a US citizenship.
Answered on Oct 12th, 2017 at 1:39 AM

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