Married name change issue and H4 stamp denial due to invalid passport


Bravo5

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Note: This is a little complicated issue and I am working with my employer lawyers but due to holidays their replies has been slow. In the meantime I trying to seek some advice here.

Background

I am an Indian citizen married to a Polish citizen. I on H1b visa and my wife on H4. Our marriage certificate is from United States and on the marriage certificate my wife changed her last name to my last name and moved her maiden last name to middle name. 

Maiden name details:

First name: first_name

Middle name: maiden_middle_name

Last name: maiden_last_name.

US Married name details (as present on US marriage certificate):

First name: first_name

Middle name: maiden_last_name

Last name: new_last_name

Her polish passport is in her maiden name and last year a month after our marriage when we visited Poland and she got a H4 visa stamp on her passport with her maiden name as the passport was in her maiden name (first_name maiden_middle_name maiden_last_name).

A month ago my employer filed for our AOS, AP, EAD through cross chargeability where she is my dependent and the application for her is filled in her married name (first_name maiden_last_name new_last_name). Recently I completed my first 3 years of H1b and my employer renewed my and my wife's H1 and H4.

Current Scenario

We are in Poland and my wife went for her H4 visa stamping which got denied because of her passport being invalid.

According to Polish rules if a polish citizen gets married and does a name change they must update all their IDs and documents within 60 days else they will be considered invalid. This is something which we were not aware of. We received a 221(g) and the consulate has asked to submit a new valid passport in her married name.

To get her a new passport in her married name we filed for registering our marriage using the United States marriage certificate in Civil Registry Office in Poland. Although the registrar told us that in Poland the middle name change is not allowed and the only change to a name can be made in last name. So the marriage in Poland will be registered as:

First name: first_name

Middle name: maiden_middle_name

Last name: new_last_name

Her new passport which will be issued on the basis of marriage registered in Poland will be in above name (first_name maiden_middle_name new_last_name). 

Issues

Now we are not sure how these two married name will affect H4 stamping and pending AOS.

For H4 we need to submit the 221(g) with new passport. The DS 160 and appointment form has been filed in with her maiden name and in other name used we have mentioned her married name according to US marriage certificate. Her H4 extension I797 is in her maiden name. So we are planning to submit the new passport with her polish married name and polish marriage certificate and it's english translation as a legal document of name change. Will there be any issues with this?

For AOS, we are not sure how we will deal with it since it has been filed with her US married name and now her passport will have her polish married name. Any suggestion?

Thanks.

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