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What should an EB-5 investor do if the name on her I-526 form is different than that on her passport?

When my wife and I got married, she changed her last name to my last name. However, she still has her maiden name in her passport. We then filed an EB-5 case, and we did not realize that her married name was used in the form until recently. We are about to attend our EB-5 visa interview. I would like to know if we need to change the name in her passport before we bring it to the interview. Can we simply explain this situation to the visa officer?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Bring all identifying information, marriage certificate, passports, etc., to the interview. It may be too late to send for an amendment now.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Can easily explain by presenting the official marriage certificate.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    She can either change the passport to her married name or she can also just travel with her marriage certificate and or name change certificate upon marriage (if available), along with her current passport.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You can certainly fix this in the interview. Make sure that you have the necessary documentation with you to prove the interviewing officer that you are married.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You can clarify at the immigrant visa stage with the marriage certificate. Of course, if her name is going to be changed permanently going forward, it may be easier to get a new passport now in the correct name.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can explain the differences at the interview. However, take with you all necessary documents such as a marriage certificate, etc.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can explain why the wife's maiden name is in the passport and show your marriage certificate. At some point your wife should amend the name in her passport, certainly by the time she renews same.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes, you can explain to the officer and make a correction at the time of the interview. Take the marriage certificate with you.

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