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Two things that are bothering me...

Two things that are bothering me...

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Old Sep 6th 2006, 2:59 am
  #1  
Jake
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Default Two things that are bothering me...

I married my Japanese wife and she had an OPT (through student visa)
and was living with me for some time. What kind of status is she
viewed as having by government? USA government that is. I married her
and am trying to get her status changed. How should I do it? On our
marriage certificate(Washington state) it says Jacob Rich and Hisano
Suzuki and lists her maiden name as Suzuki. Is it okay to put on the
green card papers Hisano Rich, because we are trying to get her name
changed to that. Also her new job has Hisano Rich on her checks, could
she go with her ID and with the marriage certificate to cash them
because couldn't, by law, her name be Hisano Rich. Both on those
grounds, she should get her checks cashed and have Hisano Rich on her
papers correct? Thank you.
 
Old Sep 6th 2006, 3:46 am
  #2  
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Default Re: Two things that are bothering me...

Originally Posted by Jake
I married my Japanese wife and she had an OPT (through student visa)
and was living with me for some time. What kind of status is she
viewed as having by government? USA government that is. I married her
and am trying to get her status changed. How should I do it? On our
marriage certificate(Washington state) it says Jacob Rich and Hisano
Suzuki and lists her maiden name as Suzuki. Is it okay to put on the
green card papers Hisano Rich, because we are trying to get her name
changed to that. Also her new job has Hisano Rich on her checks, could
she go with her ID and with the marriage certificate to cash them
because couldn't, by law, her name be Hisano Rich. Both on those
grounds, she should get her checks cashed and have Hisano Rich on her
papers correct? Thank you.
As soon as you file the AOS papers, her status becomes "pending adjustment of status to permanent resident".

You can fill in the paperwork in either name. She has ID and marriage certificate to show the connection. That should also be OK for cashing checks, as far as I know. Eventually, if her name is going to be changed to yours, she should get her SSN in her new married name and change her ID to match it.

Rene
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Old Sep 6th 2006, 7:43 am
  #3  
Cool Dude
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Default Re: Two things that are bothering me...

jake wrote:
    > I married my Japanese wife and she had an OPT (through student visa)
    > and was living with me for some time. What kind of status is she
    > viewed as having by government? USA government that is. I married her
    > and am trying to get her status changed. How should I do it? On our
    > marriage certificate(Washington state) it says Jacob Rich and Hisano
    > Suzuki and lists her maiden name as Suzuki. Is it okay to put on the
    > green card papers Hisano Rich, because we are trying to get her name
    > changed to that. Also her new job has Hisano Rich on her checks, could
    > she go with her ID and with the marriage certificate to cash them
    > because couldn't, by law, her name be Hisano Rich. Both on those
    > grounds, she should get her checks cashed and have Hisano Rich on her
    > papers correct? Thank you.

Hi,

Visit this site http://www.uscis.gov/graphics/howdoi/LPRApplication.htm
for the applications you need. Also you could go to the immigration
office and ask them for the applications you need. I recommend the
latter.

She can't use your name unless it was changed legally. The applications
are legal applications and legal names only should be used.

As to her checks, she can try to cash them, if not you can always cash
them. She should change her name either in her job back to her family
name, or legally to yours.

My advice is that she should not change her name to yours for now,
because it would be a hassle. Don't forget she would have to change her
name here and in her home country and change her passport to reflect
that I would say she can do that after getting the green card.

This is a speculation and not legal advice.

Good luck.
 
Old Sep 6th 2006, 12:42 pm
  #4  
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Default Re: Two things that are bothering me...

Originally Posted by Cool Dude
She can't use your name unless it was changed legally.
This is just so much bullshit it isn't funny.

Ian
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Old Sep 6th 2006, 12:43 pm
  #5  
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Default Re: Two things that are bothering me...

Originally Posted by Cool Dude
She can't use your name unless it was changed legally. The applications
are legal applications and legal names only should be used.
Hi:

The OP said they are married. It is considered "legal" for a married woman to use her husband's surname. It is just as "legal" for her not to.
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Old Sep 6th 2006, 1:06 pm
  #6  
Jake
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Default Re: Two things that are bothering me...

    > She can't use your name unless it was changed legally. The applications
    > are legal applications and legal names only should be used.
    > As to her checks, she can try to cash them, if not you can always cash
    > them. She should change her name either in her job back to her family
    > name, or legally to yours.

You know I thought from what I talked with a lawyer that she should use
my name, because she was going to obtain it anyway.
 
Old Sep 7th 2006, 12:35 am
  #7  
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Default Re: Two things that are bothering me...

Originally Posted by Jake
You know I thought from what I talked with a lawyer that she should use my name, because she was going to obtain it anyway.
You can safely ignore what Cool Dude writes... most of it is incorrect anyway.

Ian
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Old Sep 7th 2006, 2:14 am
  #8  
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Default Re: Two things that are bothering me...

Just wanted to add that no special status is conferred on your wife through marriage to you, US citizen though you may be. Marriage to a USC just makes her eligible to apply for immigration benefits.

If she intends to take your last name, then just fill out the green card application using the married name. Basically she should use whichever name she intends to use from now on.
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Old Sep 7th 2006, 7:03 am
  #9  
Nilda
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Default Re: Two things that are bothering me...

As long as you have an ID to show the Immigration the name Rich its ok...usually they accept Government Issued ID or Passport.

I used my last name when I was single on all the applications forms when I adjusted my status since my passport and state ID is both under my single last name. But as soon as I was approved I asked the Interviewer if she can issue the ID using my married name already and she said its ok...I even asked her to use an AKA for my last name when I was still single.

Goodluck..

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