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Maverick, Lawyer
Category: Immigration Law
Satisfied Customers: 6422
Experience:  20 years professional experience.
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1) I am getting married in California at a nice hotel and

Customer Question

1) I am getting married in California at a nice hotel for proposal and will be living in New York
I am US citizen and she is not
When we get married, can or should my wife keep her own last name or take my last name if down the road she wants to get her US citizenship through legally being married to me and only has a green card currently
2) Does it matter to immigration that she takes my last name or keeps her own name
Do we need to file taxes together or can we file separately if it is better for us tax wise. Does that matter to immigration when looking at our paper work for her to get US citizen ship.
3) Should we wait the full 2 years since Immigration is so strict and think 33% of marriages are scams. I know the marriage will last and is legitimate but with immigration so strict is it better to just wait and after 2 years apply for her citizenship
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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1. A wife is free to keep her maiden name, take her husband’s name, or use a hyphenated combination of both names. The choice has no significance for for immigration purposes or citizenship purposes.

2. Whether you file taxes jointly or separately also does not matter for citizenship purposes.

3. In order for her to apply for citizenship this must hold true:

  • She must be a green card holder for at least 3 years immediately preceding the date of filing the application for naturalization.;
  • She must have been living in marital union with the U.S. citizen spouse [who has been a U.S. citizen during all of such period] during the 3 years immediately preceding the date of filing the application and up until examination on the application