QUESTION

While processing the green card applications, can my wife file under my last name?

Asked on Aug 26th, 2015 on Immigration - Georgia
More details to this question:
My wife entered the country legally through a work visa and I was wondering if we need to file the applications under her maiden name or can we change it to my last name?
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2 ANSWERS

You can change it to your last name if that is the name she will have now after the marriage.
Answered on Aug 26th, 2015 at 12:30 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, the USCIS considers it satisfactory for a foreign national woman to use her name as shown on her birth records, or to adopt her husband's last name as her own. Where it may be desirable to use an alternative last name, such as a hyphenated name containing the wife's original last name with her husband's last name, the couple could consider applying for a name change through standard state law processes. In Georgia, that means filing a petition in the Superior Court of the county where the woman resides. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Aug 26th, 2015 at 9:04 AM

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