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Name Change for OPT Spouse

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  • Name Change for OPT Spouse

    My wife and I were recently married, she is from South Korea. She was here on an F1 visa and is now working with an OPT. We are getting ready to file the forms for a green card and wanted to know what would be the best course of action for changing her first and last name, she wants to take my last name and use her American first name. I'm not sure if I can fill out the green card form with her new name or not. We tried changing her name when she renewed her license (she has an ID and ssn in her Korean name), however they would not let us change it without a passport and visa/opt forms with the new name. I appreciate any help, we're a little lost with all the information and do not want to get anything messed up on the forms.

  • #2
    There are two ways to legally change name in the US: 1) as part of the marriage (you would have to have requested it as part of the marriage license and name change would have to be indicated on the marriage certificate), or 2) by going to court to change name. Alternately, she will also have an opportunity to change name when she applies to naturalize (I believe in that case the oath will be taken at the court, and come with a court order for name change).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by ZachM View Post
      My wife and I were recently married, she is from South Korea. She was here on an F1 visa and is now working with an OPT. We are getting ready to file the forms for a green card and wanted to know what would be the best course of action for changing her first and last name, she wants to take my last name and use her American first name. I'm not sure if I can fill out the green card form with her new name or not. We tried changing her name when she renewed her license (she has an ID and ssn in her Korean name), however they would not let us change it without a passport and visa/opt forms with the new name. I appreciate any help, we're a little lost with all the information and do not want to get anything messed up on the forms.
      My experience below, and this might help you.

      I have changed my name here in Washington state (WA) going to a district court paying an amount and filling the form at court clerk and the same day I was given with the certificate with change of name. I saw many people changing their names for many reasons like marriage or different other reasons. The judge was very decent and humble and accepted almost all name changes on that day ( I remember 5-6 on that day). When you go to your district court, the clerk will help on what you need to submit, depending on the state, district and their process. You can choose a day for court hearing or have to go on certain date and time depending upon their procedure.

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