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Immigration Issues/last name change for immigrant currently in the US


QUESTION: OK, here is the situation.  I am a US citizen and got married in 2006 to my wife, who is from India.  She arrived in the US towards the end of December 2007.  Throughout all of her visa & immigration paperwork, she kept her name the same as it was before marriage.  Recently, she received her green card and social security with her old name on it.  However, before coming to the US, she amended her indian passport to show that she was married to me (page in her passport states my full name and that she is married to me).  Also, our marriage certificate shows her old name as well as my first and last name on it.  Now, my question is, what does she need to do in order to have her last name changed to mine's?  What is the procedure involved?  I know that she will need a new green card and social security card and that I can get those once the name change has been completed but will she need to goto India to get her last name changed or can it be done somehow in the US?  Any help on how to get started with this would be greatly appreciated.  Thanks in advance.

ANSWER: By virtue of her marraige  she is entitled to use her married name without any formal name change process. Just take all her docuemnt sin her maiden name that she would like to change to her married name and bring her original marraige certificate and request the change.

The green card can be changed by filing form I-90 and the social security can be changes by bringing the marraige cert to the social security office and applying for new card with smae number.



---------- FOLLOW-UP ----------

QUESTION: Robert, thank you for your prompt response.  I appreciate your help.  However, I'm still a bit confused - so from what you are saying, I don't need to fill out any additional paperwork acknowledging that her new last name is the same as mine's now?  And if she were to get a new indian passport issued with her new name, won't they need some kind of proof to show them with her full new name on it - like a marriage certificate (our marriage certificate shows her old full name as well as my first and last name on it) or something else?  Also, is she able to get a new indian passport with her new name on it from the US Indian Counsulate in NYC without going to India?  Do we even need to get a new passport for her?   I look forward to your responses.  Thanks.

She doe snot need to do anythng to be entitled to use your last name. It should be good enough to get new passport to show them the marriage certificate. I do not know the laws of India so you have to call the Consulate General fo India in nYC to see what is required.



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Robert Hollander<B> Esq.</B>



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