My wife is a US citizen, and we are applying for my Permanent Residency. She has her last name changed on her Texas driver's license, but not on her passport or SSN card. Should we finalize her name change and then submit all the forms - I-130, I-864, I-864a, I-485. The only place where her married name appears is our joint bank account. All the other documents - marriage license, house deed, tax return, employment are still under her maiden name.
Her last name is not the big issue in this case, it is whether you can prove that you entered the marriage to establish a life together.
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.
Whether the spousal adjustment packet is filed with the maiden or married name is a personal choice to be made by the couple. Once that choice is made then you can amend documents such as the driver's license, social security card, etc. Good luck to you.
Her last name is not an issue - file the USCIS forms when ready and the file will be updated at the USCIS interview.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline