Changing name before or after getting residency and question about form I-485

What was the last name you put on your I-485? If you have your marriage certificate, USCIS MAY change your name for "green card" purpose at your adjustment interview. If that does not happen, you could change your name legally in the county court in which you reside, In terms of your 2nd question, put the date your original I-94 expired. I would also urge you and your husband to seek my legal assistance or that of one of my esteemed colleague.

Hello, In addition to Mr. Beer's comments, you may wish to consider using your married name on your I-130 and I-485 applications (and of course, including your maiden name as "other names used"). Otherwise, if you receive your employment authorization in your maiden name, that almost certainly will be the name used on your social security card and state ID/driver's license. You then would have to get all those documents changed if you change your name with the Immigration Service at the time of the adjustment interview. Since a married woman legally may use her married last name, maiden last name, or a combination of the two names, there should not be any problem with submitting the applications using your married name. Don't forget to include a copy of your marriage certificate with the supporting documentation as evidence of your marriage and ability to use your married name (husband's last name). Regarding your second question, if you are filing for adjustment based on marriage to a U.S. citizen, then you may still adjust status even though you are no longer in lawful status, provided you can prove that you did make a lawful entry, as you indicated you did with a tourist visa. However, if your husband is a lawful permanent resident, then any time spend out of status does create a problem with adjustment eligibility. Thus, if your husband is a permanent resident rather than a U.S. citizen, I would strongly encourage you to consult an experienced immigration attorney before filing any documents. For that matter, as Mr. Beer points out, it is a good idea to at least consult with an experienced immigration attorney before submitting documentation to USCIS, regardless of the kind of case involved. You thereby can ensure you are not missing any needed application forms or evidence and that you do not have any potential inadmissibility issues that would either require a waiver or result in a possible denial/referral to Immigration Court. Keep in mind that a consultation does not obligate you to hire the attorney for future representation if you do not wish to do so. For assistance locating experienced immigration attorneys, you can look here on , at www.aila.org, or www.immigrationlawhelp.org. Best wishes, Jennifer

There is no hurry to get this name change completed before submitting your Adjustment petition. I usually suggest submitting the forms with your maiden name, particularly when it is the beneficiary (immigrant) who is changing their name. Otherwise, it can create confusion if your passport and other supporting documents you are submitting don't match the name appearing on the forms. You can always request that a different name appear on your Permanent Resident Card when you attend your interview with the immigration officer. This will allow you to gradually update the name change for your Social Security card, passport etc without holding up anything on your immigrant petition.

You can use your husband's last name if you want, it is not a problem. You should see an attorney to discuss your eligibility for adjustment.