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Cannot change passport name to match the married name that was filed for I-130

Los Angeles, CA |

My wife only has one name but when I filed the I-130, we decided to add my last name (as married name) in her application in order to avoid having FNU in her first name. We were also thinking at that time that we could add my last name to her passport.
However, we now found out that it is not allowed to add my last name in her passport in the country where she is from. So what should we do? We’re at the stage to submit the DS-260 online. I still could change the name to using FNU before submitting DS-260 but I was thinking to leave the name as is. If they need to change it to FNU, I am hoping that it can be done at the interview. Would there be any problem though? Should they change it to FNU, can I still change it to having my last name at the POE?
Please help. Thank you very much.

Attorney Answers 3

Posted

It appears that you are talking about India ... a country that has, to be nice, has 'strange' rules.

What name does her birth certificate have?

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Posted

You would be best advised to indicate her legal name. This is the name typically on the person's birth certificate or passport.

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Posted

In the application indicate her legal name, also disclose all the names she ever used, including the one on marriage certificate with dual last name. You should not have any problems, this is a typical situation for some countries. Later on you can have her name legally changed.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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