Can my wife use her US VISA in her single name and use new passport with her married name?

Andy

The old rule was that a multiple entry indefinite visa in the old passport was valid for ONE MORE JOURNEY with a new passport. The current rule is actually more generous:

"My passport containing a valid visa has expired. I've obtained a new passport; do I need a new visa?

"If the passport in which your visa has been endorsed has expired, the visa in the old passport still can be used, provided that you also carry a valid passport of the same nationality. Note: If, when canceling your old passport, the passport authority has clipped the corners of the passport, and, in so doing, has damaged the visa in any way, that visa is no longer valid and cannot be used for travel to the United States."

Whether USCIS would let the holder in with the old one under a different name is problematic; they should but they cannot be forced to. Even more so is whether the airline would let you board.

Generally, the rule is that you CAN travel with a passport in the former name if you bring a marriage certificate (on official safety paper, see below) to prove the change. But the problem is that the airline can not be forced to accept you and so it is best to make sure they agree to do so before you fly. (If all documents are in the former name then there's no poroblem.)

But your case involves two anomalies and you might want to get it fixed before traveling. As to use of a passport in the old namel, Here's what the US Embassy in Manila has to say:

"CHANGE IN MARITAL STATUS
"MAIDEN NAME TO MARRIED NAME

"Female holders of valid visas on passports reflecting their maiden name may just present to the U.S. immigration officer at the Port of Entry a legal document, such as marriage certificate printed on the Philippine National Statistics Office security paper, attesting to the change of the surname every time she travels to the United States.

"Should one wish to have her valid visa transferred to her new passport, which bears her married name, one must reapply . Please comply with the Nonimmigrant Visa Application Procedures."

In other words: you can legally travel with the old and the new passports as you ask, but whether the airline will accept you is up to them.

FRAGINAL-NOYPI

Execute an affidavit that the person on the visa and the passport of your wife are the same person due to marriage.
Be sure to justify it with the Immigration officers upon entry to US.

Travis R

Just chuck both visas in the ocean and start over.

corpsnerd09

better check with the consular offices there, if she tries to enter the US with a the different name, they might deport her

it wouldn't hurt to ask them, if anything, you can always hold the agent at the consulate responsible for false information

iraq51

Bottom line when dealing with your or her passport. Get it done properly.

Present both of your wives' passports to the proper embassy official or clerk. Explain your concern...ask what is the proper way to a new VISA affixed to her new (married name) passport. I don't see the big deal. Is your wife a Philippine national or an American citizen and what country issued her
passports? I sense this is your reason for concern since you are discussing a US Visa.

If your wife is now legally MRS. Smith she has to use her current passport. I am surprised that her "single" passport wasn't turned in at the time of receiving her new one??
Go to the embassy and have it done right...avoid future problems.

Good Luck

helo pilot cfi

it is perfectly legal to have one valid and a canceled one( it was canceled right) make sure she has both passports with her when the agent asks have her show the old passport with the applied visa in it now look at this logically if you are an American citizen you would would need to file I130 alien/relative sponsorship(are you an American citizen??) also check with her national passport office if she would be precluded from having 2 passports it would have clearer to have mentioned what type of visa she presently holds i would do the right thing if the agent at the port of entry refuses her admission to re enter she will have to go back and jeopardize any future visa application don't BS the consular office they see many scams daily if you are an america do the right thing file the appropriate papers after all she is the MRS

gregory_dittman

The new security system is very touchy about names. She will need to update her visa.

Colorado

Rather than concern yourself with the visa, get a MasterCard or an American Express.

Mr.Frank

Tell the USCIS you work for CIA to IDENTITY THEFT branch and you work for Mr.Frank and they would let you go without questions even your visa expire.

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