Immigration Site

Hello, A question on how to proceed. I came to the US in 2003 with the promise of job. Job never happened and me and my child stayed here in the US anyway. I have a rather difficult first and last name so I started using an easier name and also gave my child an easier name. I did not do a legal name change but just told utilities my new name and paid a deposit (lack of id in new name and ssn).

Found my soon to be wife in 2006 (US Citizen) and she has supported us ever since. We are now ready to get married. My question is: What name do I use to file I130 and I485? Should (and can I) get a legal name change before getting married (passport of course says my old name)and filing with USCIS? We would like to continue living under the easier name and would like to obtain SS card and DL with easier name.

Thanks

Unless you get your court ordered name change, you should still use your name as in passport. Name change process is much easier as citizenship stage, now that you are marrying USC, you would become eligible for citizenship after 2 years 9 months

Get the legal name change done before applying for the GC. Otherwise it will be more complicated and expensive to do it after the GC (youll need to pay money to obtain a new GC, unless youre willing to wait until citizenship to legally change your name).

On the other hand, if you want the GC as soon as possible, finish the GC process first. They will look at your passport and/or birth certificate to verify your name, so youll need to use your original long name for the GC process and marriage if you dont legally change it first. Then change your name and the GC after that, followed by the SSN and DL.

However, the court probably wont agree to change your name without you proving that you are a permanent resident or citizen, or at least a legal resident with a long-term visa like H1B. You are not in the US legally, so you probably cant change your name before the GC anyway.

Did you enter the US legally?

But whatever you do, dont change your name in the middle of the GC process.

I just got green card, and did ask around about legal name change. DMV requires your SSN card to bear new name before they can change it on your driver license. SS Office requires the USCIS to change your name on green card/Employment authorization card first.
So after green card, the process is: court order --> notify USCIS to change name on green card --> change name on SSN card --> change name on driver license --> change name on everything else