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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87469
Experience:  Private practice in several areas, including immigration
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I am currently changing my last name on my green card and my

Resolved Question:

I am currently changing my last name on my green card and my case is in progress. I applied on April 8 of 2013 and I had my biometrics taken on May 1st of 2013. The case status online said it is still in Initial Review. My driving license has my new married lastname, however , my russian passport and my current green card has my maiden name. At the beginning of October I plan to travel to outside of US. I have two questions:
1)can i go and proceed with my travel plan and go outside of US using my maiden name and come back with my current green card in October? I will be traveling for 2 weeks in October.
OR
2) Will I have a hard time coming back using my current green card if my new updated green card with my married name comes in while i am outside of US?

Please help me. I have one month left before my traveling and I don't know what to do whether to cancel my traveling time and wait until my new green card shows up or go ahead and proceed with it and use my maiden name.
Thank you,
Olga K
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

First of all, please note that before you go, you must have an I-131 travel document in place. See here. Traveling abroad without a I-131 in place while one has a pending application will have that application dropped. As such, I am assuming that you have the I-131 in place, or will get it (normally takes about 3-6 weeks to process).

You may proceed using your maiden name and come back. The point is to have documentation showing what you seek. Do expect to be held up at customs a bit while they verify it. However, provided that you can show that:

You have a greencard in name A, but recently have changed your name to B, and have the marriage license/court order to prove it (and have a certified copy).

Provided that the story matches and so do your fingerprints, it should not be an issue, although you may experience a 30 minute or a 1 hour delay while the authorities check out the facts.

But all in all, it is not unusual.

I hope this helps and clarifies. Удачи.

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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87469
Experience: Private practice in several areas, including immigration
Ely and 2 other Immigration Law Specialists are ready to help you

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