Lacrimosaangel

Hey everyone!

I'm a UK citizen and my fiance will be starting our K1 petition in March, I will be moving with my 4 year old daughter!

Before we apply for the K1 however I need some advice RE: passports.
I currently hold a passport in an old name, the passport is still in date (until 2020) and all my airline tickets use this name as well

Now, having changed my name by Deed Poll last year (Forename and Surname - before getting engaged) I am wondering if this will pose a problem with the K1?
If the K1 is in my new name, but my passport is in the old name will this be grounds for denial, or would it be enough to send documentation for proof of the legal change?

The situation is a little tricky - My mother changed my surname legally when I was 14 without my consent, then I got married and divorced. Last year I decided to revert back to my maiden name and change my first name due to personal reasons. Obviously I have all the proof of changes, but I really don't want to have to pay another £80-90 and then wait for a new passport that won't have any travel history attached to it.

I asked on another forum and they said that I would just need to make sure I have the new passport by the time the visa is issued (so when I go for the embassy appointment) but I'm unsure how correct this is or what rough timescale I'll be looking at for this ?

We just want everything to go as smooth as possible without needing to resubmit!

Thanks

tom169

As part of the process you will give all old names and proof of changing it.

For your passport I'd just go ahead and get a new one. They should send your old one back.

Don't give USCIS / state department anything more than a straight forward case if you can help it.

Rete

As Tom169 stated, the I-129F forms that your USC fiancée will complete and those that you will complete will ask for any and ALL names you have used. Be thorough and list all 1001 names

Since you are no longer known/identified as the name on the current passport, you have the option of getting a new passport in whatever this year's choice of name is or waiting until you have married a second time and perhaps changing it then to your husband's surname if you chose to adopt that surname as your social, personal and career name.

The greater issue you face is the K-2 for your daughter. Do you have a court order or legal paperwork from her father allowing her to be removed from the UK? If not, then it behooves you to start that process now. Without it, you will be leaving her in the UK while you go to the US.

Also have you changed the child's surname to your new surname by deed poll as well?

Be sure that you have multiple copies of the original documents stating all those name changes and if possible, get two or three more original certified, registered copies as they will be needed for the visa.

BTW, it is not wise to bounce from visa forum to visa forum. Make a choice on one forum as advice can be contradictory, i.e. VisaJourney is notoriously incorrect in their advice, and then you will be left wondering who to believe.

BTW you were here going to start the marriage visa process in April 2011 ... what has happened during the last 7 years? Did you marry your USC in 2011/2012 and are now divorced and remaining another USC? Or is this the same man or a new man (without your having married the one from 2011)?

Lacrimosaangel

So I can just use the old passport until I take my husbands name? (which I will be doing) and the new name (by deed poll) won't be an issue? I just want to make sure that if I get the visa in my new name, it'll not cause issues with an old passport name. I travel with all my documentation anyway (birth certificate and name deeds)

Nah, I haven't changed her name and I don't need a court order to remove her from the UK as her father passed away when she was 8 months old, so it's not going to be an issue for us. My eldest daughter now lives with her father and has decided not to come with me to the states yet.

That relationship broke up about 2 months after the post was made x) My fiance is a different guy :P
Thanks for the advice RE: forums, I'm only on here and immihelp, and just want to make sure I get as much info as possible as that one is rather quiet and I don't want to make any mistakes.

If we can do this process without changing my passport then so much the better imo!

tom169

I would get a copy of the death certificate of the daughter's deceased father.

Lacrimosaangel

Already have a copy with the rest of my documentation

Rete

The only issue I can see, and yes, I am not an attorney, is when you file for adjustment of status after marriage and it is approved. They normally make the green card in the name on the passport. By that time, it is hoped that you will have your new passport in your married name so that will take care of the surname.

If you want to be very sure of your first and last name changes not being a problem, spring for the new passport. I know a single mom's income is usually tight but sometimes you need to tighten the belt. Can't your USC fiancée at least give/lend you 1/2 of the 90 pound fee?

Noorah101

I was under the impression the green card will be produced with whatever name is used on the I-485.

Rene

S Folinsky

I've had bad experience when names and dates of birth don't match.

Lacrimosaangel

He's already covering the cost of the entire visa process.. I *can* get it done but it'll make money a little tighter for going to visit him at easter and with the wait times at the HMRC, I may not even get the passport back by then, leaving me unable to travel until this summer..

How would they expect me to get a new passport in my married name though? Surely that's impossible? If you only have 90 days to get married and apply for AOS once entering the states on a K1? It can take longer than that to get a new passport let alone when you're applying from outside the UK? It's not possible to get it in the time between us getting married and applying for AOS

Noorah101

It's not necessary to get a new passport.

Rene

Lacrimosaangel

It's not?! YAY!
So the name on my passport doesn't have to match the one on the K1 or the AOS? That's great news

scrubbedexpat099

But may be good insurance.

Rete

It is suppose to be that way but in some cases I've seen that they have not sent the card with the married surname but with the woman's maiden name instead. They have been known to screw up. The green card name can always be changed for free if USCIS messes up it is just the wait until the new one is processed which could be a long wait.

As I said previously she doesn't need a new passport for immigration purposes or ever if she doesn't want to change it, she doesn't have to. Just seems strange to continually be changing your surname and now your first name and not following through on having all your documentation in one name only unless you are using both names in your life, which she is not.

Rete

BTW a new passport, even if sent for from the US to the UK, only takes a few weeks as per posters on the forum.

Just wanted to let you know that for your general knowledge. Your AOS can take from 6 months to over a year to be finalized.