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Is it compulsory for my wife to change her name after marriage( I am a foreigner married to a us citizen )

San Francisco, CA |

Knowing I will be interviewed by the USCIS to be granted a permanent residence will my wife retaining her name cause a problem with my application?

Attorney Answers 9


  1. There is no legal requirement in the U.S. for a spouse to change her name.


  2. Not taking husband's last name should not matter too much if you have good documentation to show bona fides of marriage.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  3. Married couples are not required to have the same last names as the prior attorney has told you.


  4. No. Names do not make a bona fide marriage, facts do.


  5. Of course not.

    Responses by attorneys on AVVO are by the nature of the forum, not legal advice. To obtain reliable legal advice, please contact my office directly to set up a free 15 minute consultation. During the consultation, we will be able to assess whether we can help you or a more in depth consultation is needed. Visit www.mcauliffimmigration.com or call us at 206.494.9999.


  6. No, it is not mandatory. Whether or not she changes her name should not affect your application. Good luck!

    This answer is for informational purposes only and should not be construed as legal advice.

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