Dear Mentor:

How do I change my H1-B visa from maiden to marriage name?

I came into this country on the H4 visa and then moved to the H1 visa beginning this year. I just got selected for a Diversity Visa (DV) 2002. I used my marriage name in the DV lottery, but all my documents (passport, H-1B, diver license) are under my maiden name. My husband holds an H1-B visa. My husband and I want to adjust our status here in the US. What are the forms that we have to file? The DV visa that was sent to me is under my marriage name. Do you think I will have problems if I file with my maiden name? I was thinking to change my passport to my marriage name. How do I change my H1-B visa from maiden to marriage Name? Your help is very appreciated.

Lotto Winner, Hoboken, New Jersey, USA

Dear Lotto Winner:

For background information for those not familiar with the Diversity Visa program. The Diversity Visa program, often referred to as the "Green Card Lottery," is a program held by the US government in which foreign nationals are selected randomly for the permanent resident status (Green Card) in the US. The applicants must be from certain countries and they must fulfill specific requirements. Note that nationals of the UK, India, and Canada are not eligible for the Diversity Visa program.

We wish to note that we are not immigration lawyers, so we can not offer specific details on the documents and the process. You must have been provided with this information as part of the notification on your selection. Chances are that all the documents needed have already been provided by you when you applied for the lottery. You must present the original of those documents.

The issue of maiden name is not uncommon to the US INS (Immigration & Naturalization Service). All you have to do to overcome the discrepancy in your maiden and married name is to provide your marriage certificate. You can certainly get a new passport with your married name, but it is not necessary.


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