I was looking at the I-130 form , US visa request last night for the first time. It seems straight forward and reasonable. Are there any hidden pitfalls or areas I should be concerned with? I know many here will stress the importance of hiring a lawyer, but other than coaching Hong, it doesn't appear to difficult or confusing in my regard if I summit exactly what is required. I'm hoping other forms I will find the same.
One question I do have: On the application forms...do I use her new married name or her previous name? I'm thinking her family name whereas that's where information will be aligned.
Any thoughts?
Chris
Chris,
My wife kept her family name after we married. There is a couple of reasons that this works better for the immigration process.
Reason # 1. If your wife takes your name as soon as you two marry, then she has to apply for a new passport and have a lot of documents changed before you even start the immigration process.
Reason # 2. She will most likely be in China 9-12 months after the marriage, so any name changes or documents marital status changes can cause problems for your wife insurance/pension wise. Sometimes local officials will drop Chinese citizens from government programs, schools, and/or pension programs if they discover she is married to a foreigner and planning to immigrate to the West.
But to answer your question you would use her married surname on Line 1 Part C, and her family name on Line 7 if she takes your name after marriage.
If she keeps her name after marriage, she would use her family name/maiden name on Line 1 Part C, and list her married name on Line 7 IF she has used that name at anytime before or after the marriage. If she has not used your last name at all and has no other names or aliases, then you can just write her maiden name line 7.
The people at the consulate know it is very common for Chinese women to retain their family name so her not taking your name will not cause problems with the immigration part of the equation. You can change her name at no cost after she arrives here and applies for her 10 year card.
Another reason to keep her maiden name is so she can collect her pension in China! If she takes your name and immigrates she will most likely lose it, but if she keeps her Chinese name and bank account she can have it direct deposited monthly to her account in China. Granted it is not much but it adds up over a few years and will pay some of the expenses while you guys are visiting China on future trips.
Regards, Robertt
