Do I need to call immigration and explain that I did not change my last name? 11 Answers as of May 31, 2013

When filing for my husband's green card the first time I used his last name for me. However due to my family line I had decided afterwards to not change my last name. It has been almost the two years and I have to file for my husband's10 year card. Should I contact immigration beforehand and explain that I did not get my last name changed?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Answer Applies to: California
Replied: 5/31/2013
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
When your husband applies for the I-751 to remove the condition, he must prove up that he is in a bona fide marriage. He submits documents in support of his petition. If most of your documents have your maiden name, you can explain it in an affidavit. Many people don't change their names. It should not be a problem.
Answer Applies to: California
Replied: 11/11/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
When you are filing to remove conditions you can include an explanation of your decision to retain your maiden name even though you are still a happily married couple.
Answer Applies to: California
Replied: 11/10/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No need, just explain it at the I-751 interview if need be. Good luck!
Answer Applies to: California
Replied: 11/10/2011
All American Immigration
All American Immigration | Tom Youngjohn
No. You should provide an affidavit and supporting documents. But it's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 11/10/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    That is not necessary. When you file for the renewal of your permanent residence or your citizenship, you can make the necessary changes at that time. The only problem you may have is that if you apply for a job with an employer that utilizes E-Verify, the E-Verify system may come back with a tentative non-confirmation since it will be utilizing information on your current permanent resident alien card. If you want to avoid this, you can file for a new resident card now on Form I-90 and request a name change when the new card is issued.
    Answer Applies to: Colorado
    Replied: 11/9/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can choose to go by your maiden name or your married name. There is no requirement that you assume your husband's last name. The only thing you must make sure to do is note that you have used both names on any applications. You may also be asked why you did not change your name or have changed back, but as long as you can explain there is no issue.
    Answer Applies to: New York
    Replied: 11/8/2011
    Immigration Attorneys, LLP | Robert R. Gard
    Under Illinois law there is no requirement to change your name when you marry or to revert to a maiden name after a marriage termination. The law does expect a person to make a decision and to pretty much stick with that decision until/unless some other factors arise to make a different decision or surname more appropriate. I've had marriage cases at USCIS where the husband and wife maintain different surnames and I've had a case similar to the facts that you describe where the wife decided to revert to her maiden name to show respect for her dying father and USCIS was perfectly OK with that. If an explanation is provided it should be provided in supporting correspondence when the I-751 Petition to Remove Conditional Basis of Residency is filed. You should expect the question to be asked but a reasonable explanation for continuing to use your maiden name should not raise any red flags as it is fairly common. In your case, the fact that you had used your husband's last name in the initial I-130 petition is a small complicating factor but it is still something that you should be able to explain. Some explanations I've heard have related to the difficulties encountered in changing so many official documents and professional licenses. Honoring a family name that has no one else to carry on that name is a common reason provided as well. Some professionals indicate that they are known professionally by their maiden name and anytime they have tried to change to their husband's surname, their business has fallen dramatically. In essence a reasonable explanation when filing the I-751 should be sufficient.
    Answer Applies to: Illinois
    Replied: 11/8/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    It should not be an issue. The real question is whether or not you are in a bona fide marriage and whether you made a purposeful misrepresentation to DHS in the past.
    Answer Applies to: California
    Replied: 11/8/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    There is no need to notify the USCIS, but please note this on the subsequent I-751 filing for your husband.
    Answer Applies to: Texas
    Replied: 11/8/2011
    Kazmi & Sakata
    Kazmi & Sakata | Harun Kazmi
    There is no need. You can just sign the application with your previous maiden name.
    Answer Applies to: California
    Replied: 11/8/2011
Click to View More Answers: