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Should my U.S. fiance change her name when we get married?

Moline, IL |

i am getting married to my U.S. fiance. Im in the US on a student visa. should she change her name to my last name before we start the green card process?

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Attorney answers 5

Posted

That is entirely a matter of personal preference.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

Asker

Posted

she said she wants to keep her name. i wonder if that will cause an issue when she files for me to get a green card.

Posted

Changing the last name to match the surname of a spouse has no bearing on whether a marriage is bona fide, and is thus purely optional.

Asker

Posted

i was concerned about that because she wants to keep her complete and someone has told us that she has to change it and carry my last name otherwise we'll have problem in the green card process.

Asker

Posted

i was concerned about that because she wants to keep her complete name and someone has told us that she has to change it and carry my last name otherwise we'll have problem in the green card process.

Ajay Kumar Arora

Ajay Kumar Arora

Posted

I understand your concern, but there are absolutely no issues with her continuing to keep her existing name. I confirm my initial answer.

Posted

I agree with my colleagues. A name change is a completely personal matter and should not affect your immigration case. You will have to show your relationship is "bonafide" or real and not for immigration purposes. You will need to do this through other evidence.

Posted

It is optional and up to her.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

Posted

Keeping her name is an entirely acceptable choice which will not impact the applications merits. USCIS understands that there is no longer a requirement, social or otherwise, for a woman to take her husband's name.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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