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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105164
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am currently in the process of changing status from H1b to

Customer Question

I am currently in the process of changing status from H1b to Green card since I got married to my husband who is a US citizen. When I signed my marriage certificate, I put my maiden name as my middle name, but my new Japanese passport does not show my maiden name as my middle name, just has my Given name and my new family name (same as my husband). When I fill out the forms for green card application, can I use my name from Passport (just given name and family name)? Or should I include the middle name as my marriage certificate?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Well, legally, you name is ***** ***** your first name, your maiden name as your middle name, and your spouse's last name, correct?

Customer: replied 2 months ago.
That is what I write for the US marriage certificate, but in Japan, No Japanese has middle name, so my passport and brith certificate, I have only my last name (my husband's name) and fist name.
Customer: replied 2 months ago.
Is it ok to not to have middle mane on the application?
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

My apologies for the delay in responding. I got called out on an urgent matter. Since your legal name is ***** ***** it is in your marriage certificate, you should fill out all the immigration paperwork the same way so that it matched. You don't have to change your Japanese passport, but if you do, it would probably be your first name as normal, no middle name, and then the last name as both your maiden and last name if there are no middle names used in Japan. Another option would be to do a legal name change in your state before you file the immigration paperwork. If you want to do that, then here is an official link:

If you do not want to do that, then be uniform with your immigration paperwork.

Again, my apologies for the delay in responding.

Please let me know if you have any additional questions as I will be happy to respond, but because this case is the type of case that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I cannot discuss pricing on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all at very reasonable prices. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But PLEASE remember to leave a positive rating for me. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Emi. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 2 months ago.
Hello,Thank you for getting back to me. I still had a few questions regarding problems with the name change. As I said, right now both my birth certificate and my passport say Emi Brown while my marriage certificate says Emi Sumida Brown. Also, I am currently in the country on an H1-B visa which lists my name as Emi Sumida. Since the Japanese government doesn’t allow middle names, two last names or hyphenated last names, I won’t be able to list my name as Emi Sumida Brown on my birth certificate. My passport does have my maiden name on the document, but in parentheses next to Brown and not as part of my name.Doing a legal name change to change the name on my marriage certificate would take a lot of time to go through, and I would like to avoid that if possible.In your previous email, you mentioned that whatever name I use for the application should be the same on all the forms. Given all this, I had several questions:1) Which name (in your opinion) should I use on my immigration paper work?2) Is it a problem that whatever name I use will not match some of the documentation? For example, if I use Emi Sumida Brown it will not match my passport. If I use Emi Brown, it won’t match marriage license.3) Will it be a problem if different documents (e.g. passport, marriage license) have different versions of my name on them?4) Should we write a letter explaining the situation and include it in our application packet?We plan to visit Japan at the end of the year to visit my father (who is sick) and are putting in for Advanced Parole to make sure that happens. I realize that this is all a little complicated, but I would appreciate it if you could clarify what would make the application go through most easily. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Well, I assume that your Japanese passport is important to you and you can only have first and last name, correct? Which would you prefer? Emi Sumida or Emi Brown? Also, USCIS doesn't care meaning that they won't think it is evidence that the marriage is real if you take your spouse's name. They don't care either way, so it is up to you.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

If your Japanese passport has Emi Brown and that's how you want to keep it, and your marriage certificate has Emi Sumida Brown, I would do a legal name change locally to just Emi Brown with no middle name and then fill out all the paperwork with Emi Brown so that you green card and passport match and I don't see you having any issues.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is click on my name and they will come out. Thank you for your understanding.

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