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Name change after annulment!


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#1 Brian1000

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Posted 25 November 2012 - 06:12 AM

My Honey is expecting her annulment any time now. What effect does this have on her legal name? Does her legal name automatically revert back to her maiden name? We are planning on sending the court decision in with the fiancee visa application and then bringing the additional support documents to the embassy interview. Just to want to make sure that we have her legal name on the fiancee visa application! Does anyone know how this is handled. Thanks!

#2 rbacon

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Posted 25 November 2012 - 06:48 AM

For U.S. immigration purposes, the Philippines passport rules.

If she gets her passport after the annulment, she can revert to her maiden name, if she has the NSO nullified marriage certificate, giving her the legal right to use her maiden name.

If she already has her Philippines passport, petition her in that name and go entirely through the visa steps using her passport name.

If you marry in the Philippines, after the annulment, she should get her passport, or get it amended, in her new married name (your name).

--Ray B

My Honey is expecting her annulment any time now. What effect does this have on her legal name? Does her legal name automatically revert back to her maiden name? We are planning on sending the court decision in with the fiancee visa application and then bringing the additional support documents to the embassy interview. Just to want to make sure that we have her legal name on the fiancee visa application! Does anyone know how this is handled. Thanks!



#3 Brian1000

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Posted 26 November 2012 - 12:47 AM

For U.S. immigration purposes, the Philippines passport rules.

If she gets her passport after the annulment, she can revert to her maiden name, if she has the NSO nullified marriage certificate, giving her the legal right to use her maiden name.

If she already has her Philippines passport, petition her in that name and go entirely through the visa steps using her passport name.

If you marry in the Philippines, after the annulment, she should get her passport, or get it amended, in her new married name (your name).

--Ray B

Thanks, my Honey's passport will expire during the process so we will renew it now.

#4 zzzlpr

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Posted 26 November 2012 - 12:50 PM

Just write on your notes that the NBI clearance must be for all names used.
So, when she gets it for the embassy interview she must request from the NBI in both names (maiden and her married name).

Cheers,

Carlos.
"A man does not know how alive he can be until a sweet Pinay steals his heart."
my point of view


11/08/2007 - Annulment Process Started
08/21/2008 - Annulment Granted
09/05/2008 - Annulment Court Order Issued
09/10/2008 - Mailed I-129F
09/11/2008 - Arrived at VSC
09/12/2008 - NOA1 Issued
01/29/2009 - NOA2 Issued
02/07/2009 - Manila Case Number Letter Received from NVC
02/15/2009 - Interview Scheduled for March, 23rd 2009
03/02/2009 - Passed Medical
03/23/2009 - Interview, all went well but NBI Clearance on her Married Name was missing
03/25/2009 - Delivered NBI Clearance to US Embassy
04/17/2009 - Visa on hand
04/24/2009 - CFO done
05/13/2009 - Arrived in US
06/01/2009 - Applied for SSN
06/02/2009 - Pending Immunizations done
06/05/2009 - Received SSN
06/22/2009 - Got Married "downtown" style
06/27/2009 - Requested sealed envelop with immunization form from Civil Dr.
07/03/2009 - Received sealed envelop from Dr.
07/14/2009 - Mailed the AOS
07/16/2009 - AOS arrived USCIS
07/20/2009 - AOS NOA1 Issued
08/21/2009 - Biometrics at local USCIS Office
09/10/2009 - Received EAD cards
11/17/2009 - AOS interview. Given a favorable decision.
11/27/2009 - Received the GC
10/07/2011 - Mailed the ROC
10/11/2011 - Arrived at VSC
10/18/2011 - ROC NOA Received (contains the 1 year extension)
11/14/2011 - Received ROC Biometrics Appointment Notification
12/09/2011 - ROC Biometrics
07/19/2012 - ROC Approved letter(no interview, even though I forgot to send a copy of the GC)
07/25/2012 - 10 year GC Arrived

#5 Brian1000

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Posted 27 November 2012 - 01:54 AM

Just write on your notes that the NBI clearance must be for all names used.
So, when she gets it for the embassy interview she must request from the NBI in both names (maiden and her married name).

Cheers,

Carlos.

Thanks, we will take note of that!

#6 Fathom500

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Posted 07 April 2013 - 09:28 PM

Thanks for all the great advice that you all have graciously provided to the WOF community. It is truly helpful to many folks. Myself included.

 

I have a question about the same scenario as above except that this person has a US tourist visa in her married name. Her passport will expire less then 6 months after the annulment is to be granted (If granted).

 

If she gets a new passport and uses her maiden name, what effect will that have on her US visa (10 year multiple entry) that is in her old passport and has her married name? Will she need to reapply for a new visa under her maiden name?

 

Or will she have to give up her ability to travel to the US until the K1 is approved?






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