H4 Name change Issue

[r@(h]

Hi ,

My wife has got H4 visa stamped on her old passport with maiden name. The H4 visa is valid until Sept 2012. We got her a new passport about few months ago from indian consulate in Houston. The new passport has got her married name (i.e. My last name). The old passport has been cancelled but the stamped H4 visa is still valid.

My question is:

Would she have any problem re-entering U.S.A, because her new passport doesn't contain visa stamp will the visa on old passport be valid?

Will she be able to get her new I-94 (on new name) on return even though the visa is on old name? Or will I have to apply for a new H4 for her while in India?

Please reply.

Thanks

[shrisai]

Hi Rachit

I am not an attorney but I can say for sure that IF your wife has A VALID I94 CARD till Sep 2012 ( Even on her Maiden name). You are OK You do not have to change anything BUT NEXT time you all travel make sure she carries her OLD and NEW passport together with her. Also her New passport should have her OLD passport no. on it so that will make her VISA on her maiden name still valid.

If she travels alone before SEP 2012 to India etc make sure she carries copy of all YOUR documents and Marrige Certificate just to be on a safe side.

On Airport when she departs she needs to submit OLD I 94 card from her OLD passport and when she enters again automatically her New I 94 will have her new name. Immigration offer will check her VISA (which will be valid) then check her new passport and ask for finger printing again as she has a new passport