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  #1 (permalink)  
Old 12-13-2011, 06:05 PM
Member
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
07/15/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
01/21/2012
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Join Date: May 2006
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Red face Wife's Last Name Different on Marriage Certificate

Hi:
My wife's last name is different on passport and marriage registration document issued from India. He maiden name is on the passport, but our marriage certificate has my last name.

I am going to file 485 this month and want to know how to address this issue. My family in India contacted a lawyer and he suggested that they can issue an amendment but cannot re-issue the marriage certificate with correct last name.

I will appreciate any suggestions.

Regards
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  #2 (permalink)  
Old 12-13-2011, 06:28 PM
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Quote:
Originally Posted by larun View Post
Hi:
My wife's last name is different on passport and marriage registration document issued from India. He maiden name is on the passport, but our marriage certificate has my last name.

I am going to file 485 this month and want to know how to address this issue. My family in India contacted a lawyer and he suggested that they can issue an amendment but cannot re-issue the marriage certificate with correct last name.

I will appreciate any suggestions.

Regards
I don't think this should be an issue. It definitely won't be an issue if the passport was issue before marriage. One thing your wife can do is update the passport with the last name after marriage. The Indian consulate will charge you a fee. Please see the NYC Indian Consulate's website below for details. Hope that helps. Good luck with your filing!

CHANGE OF NAME ON AN INDIAN PASSPORT - www.indiacgny.org
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  #3 (permalink)  
Old 12-13-2011, 06:32 PM
Member
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May-08
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I140 Mailed Date
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:
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:
01/21/2012
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Default

Hi Sunny
Thanks for your response. Is changing her name on passport sufficient during 485 filing. If we change the name on her passport, her H4 and other docs will still have her maiden name.

Thanks again!
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  #4 (permalink)  
Old 12-13-2011, 06:38 PM
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I think you can leave it as is if her passport was issued before marriage. If they raise the issue using RFE, then, you can either amend her passport with the married name or just explain to them that it carries the maiden name because it was issued before marriage.

What does your lawyer say?
__________________
Please always consult an Immigration attorney. My post is NOT legal advice and is just my personal opinion.

Total contibution to IV so far: $550.

++++++++++++++++++++++++++++++++++++++++++
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
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  #5 (permalink)  
Old 12-13-2011, 06:40 PM
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Quote:
Originally Posted by sunny1000 View Post
I think you can leave it as is if her passport was issued before marriage. If they raise the issue using RFE, then, you can either amend her passport with the married name or just explain to them that it carries the maiden name because it was issued before marriage.

What does your lawyer say?
It is common to have maiden name on docs. USCIS should be seeing this every day as part of their processing. So, don't sweat it.
__________________
Please always consult an Immigration attorney. My post is NOT legal advice and is just my personal opinion.

Total contibution to IV so far: $550.

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  #6 (permalink)  
Old 12-13-2011, 07:15 PM
Member
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May-08
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I140 Mailed Date
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I485 Mailed Date
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larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute
Default

Marriage certificate has my last name for her. Actually it should be her maiden name on the marriage certificate as her passport has her maiden name.

My lawyer just replied saying provide a affidavit from my wife stating that she is the same person and also provide a reason for the discrepancy on the certificate.
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  #7 (permalink)  
Old 01-18-2012, 02:08 AM
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dbr369 is on a distinguished road
Default same situation

Hi I am also in same situation

My wife last name and my last name are same in marriage certificate, but her passport also has my last name.

is this a problem?

Larun:
how did you apply i-485, can you share your experience?
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  #8 (permalink)  
Old 01-18-2012, 10:26 AM
Member
Priority Date
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May-08
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I140 Mailed Date
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I485 Mailed Date
:
01/21/2012
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larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute larun has a reputation beyond repute
Default

Marriage certificate and passport should be same or at least the marriage certificate should have your spouse's maiden name as well.

When we contacted marriage registration office in india they said either a addendum can be issued or they can re-issue it with correct last name. We got it re-issued.

Hope this helps. Good luck!
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  #9 (permalink)  
Old 04-16-2012, 12:48 AM
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krishanpalarora is on a distinguished road
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Hi Larun,

Which registration office did you get the certificate reissued from? I am also in the same situation and I spoke to the registration office in Delhi, India and they said only an addendum can be given. Marriage Certificate cannot be reissued.

Regards,
-Krishan
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  #10 (permalink)  
Old 04-30-2012, 01:02 AM
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calgaryimmigration is on a distinguished road
Default Wife's Last Name Different on Marriage Certificate Wife's Last Name Different on Marr

that won't be a problem actually..
the best thing to do is to update her passport..
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