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First name and last name change on K-1 visa adjustment of status

Fort Lauderdale, FL |

I have dual foreign citizenships with two different names. The first one is my name at birth (ex: Mary Doe), and I use the second name for my K-1 fiancee visa (ex: Jane Doe). Can I put my name at birth (Mary Doe) on the Form I-485, SS-5, I-864, G325A, I-765 and I-131? or Should I put the name on the K-1 visa (Jane Doe) on the forms? Can I use a different first name other than the two above (ex: Luise Doe)? Also, I just got married to a U.S. citizen recently, should I put my maiden last name or my husband's last name on the forms? Thank you.

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Attorney answers 1


The use of two different names usually is a red flag that there has been fraud commited somewhere along the way in acquiring a passport or other identification document. Where the fraud was committed to obtain a US immigration document, this can cause problems in future applications. Sometimes the difference in names is just a result in cultural difference between name uses in the US and the home country.

Most immigration applications ask you to provide all names you have used. For the I-485 you are probably safe using the name on the K-1, which is probably the name on your passport, or your married name. Whether or not to use your married name is a personal choice which should have no affect on your application. You should use the name you intend to go by in the future as this will be the name on your social security card, state ID, drivers license etc. You must use your legal name, which is the name on your birth certificate, the name of your passport, or your married name. You cannot make up a name. Doing so will likely result in confusion and possibly the denial of your application for failure to provide the required supporting documents (since they will be in another name and you will not be able to prove they are yours).

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