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I-130, I-129F, Use of Name of Spouse

I-130, I-129F, Use of Name of Spouse

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Old Mar 3rd 2005, 3:31 pm
  #1  
Htailor88
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Default I-130, I-129F, Use of Name of Spouse

I'm in the process of filing the I-130, Petition for Alien Relative.
Upon filing that, I intend on filing for K3 using the I-129F. I
married my wife on 2/15/04 and obtained a marriage memorandum
(certificate) for such. However, my wife has not changed her name
officially in India since her Indian passport is being processed under
her maiden name. I suppose the answer to the question is quite clear
that I should user her maiden name on the I-130 and I-129F and any
other applicable forms. I was just looking for confirmation from those
who have gone through the same procedure. Also, I was thinking of
having her officially change her name upon her arrival into the US.
Does this sound reasonable? Anyway run into any dilemas or have any
advice regarding my approach?
 
Old Mar 4th 2005, 5:35 am
  #2  
Jonathan McNeil Wong
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Default Re: I-130, I-129F, Use of Name of Spouse

htailor88 wrote:
    > I'm in the process of filing the I-130, Petition for Alien Relative.
    > Upon filing that, I intend on filing for K3 using the I-129F. I
    > married my wife on 2/15/04 and obtained a marriage memorandum
    > (certificate) for such. However, my wife has not changed her name
    > officially in India since her Indian passport is being processed under
    > her maiden name. I suppose the answer to the question is quite clear
    > that I should user her maiden name on the I-130 and I-129F and any
    > other applicable forms. I was just looking for confirmation from those
    > who have gone through the same procedure. Also, I was thinking of
    > having her officially change her name upon her arrival into the US.
    > Does this sound reasonable? Anyway run into any dilemas or have any
    > advice regarding my approach?
    >

If she wants to use a married name in the U.S., use the married name on
the forms, put the passport name where the forms ask for other names
used. If the Indian passport can be amended to show the married name
(amended is sufficient; reissued not necessary although desirable), she
should try to do that too.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Mar 4th 2005, 4:17 pm
  #3  
Htailor88
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Posts: n/a
Default Re: I-130, I-129F, Use of Name of Spouse

My only concern is that she has not officially changed her name in
India. Will the consulate have a problem with that? My thinking for
using her maiden name was to make sure there is no double as to the
filing. Once here, we would officially register our marriage in the US
(not sure if we even need to) and than have the name change done here.


Also, will they amend the passport in India even without an official
name change being filed in India?
 

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