Do I have to change my last name to be granted a K3 visa? 2 Answers as of March 14, 2011

I have a valid K1 visa until April 2011. Due to certain circumstances, we got married in India in Dec 2010. Now to enter the US my husband has to file an I-130 and then K3. But my passport shows my dad's surname and not my husband's. So, is changing my last name mandatory to avail K3? Can this be done in the USA? Is canceling my K1 necessary? How do I do this? Thank you.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your husband can go ahead and file. On your G-325 Biographic form, you will use your married name, but also add the maiden name. You will have to remain in India until the K-3 visa is granted to you in an interview in India. That will be about 6-9 months from the filing of the petition. If you wish the services of an attorney, please feel free to contact me via e-mail or phone, to set up a consultation, held in person or by phone.
Answer Applies to: California
Replied: 3/14/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No, you don't.
Answer Applies to: Florida
Replied: 3/4/2011
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