Transcript of the above video: 

As the title of this video suggests, we are discussing marital name changes in the context of US Immigrant Visas and the K-3 Marriage Visa. So for purposes of this video, understand K-3 Marriage Visas are relatively rare - they are kind of the colloquial term for Marriage Visas on the internet - but most folks are going to be seeking a CR-1, or an IR-1 Visa; that's the standard classic Immigrant Spouse Visa. 

That said, the Visa itself is not really the subject of this video. The subject of this video is name changes with regard to spousal name change. What are we talking about here? Well you can get married here in Thailand and it does not automatically change the name of your Thai spouse. Now under American Common Law and the customs associated with the United States, it does happen, it is sort of an automatic plenary mechanism associated with the Common Law in the United States. So upon entry in immigrant status, even if a Thai spouse retains their maiden name on their documentation, as a customary matter in the United States, they will be treated as Mrs. Bob Smith or whatever the husband's name is customarily under the Common Law. But it causes a lot of confusion and consternation sometimes because people don't really understand that it's sort of cosmetic. 

The point I'm trying to make with this video, I made another one contemporaneously with this one regarding K-1 Fiancé Visas, Green Card adjustment and marital name change which under that rubric, if you will under that analysis, generally my advice is don't change anything especially name wise, until the process of getting the Green Card is done and then do the name change, because you are going through really already an onerous process and you are just adding more steps, and moreover you can't do the name change prior to getting married - whereas if you get married first, which by the way as I've discussed in other videos, getting married before seeking an Immigrant Visa - you need to know the ins and outs of marriage in Thailand and what that all entails first of all - and it's not the easiest process these days to get married in Thailand, it takes like 6 weeks now, minimum. But that said, on top of that there is also more cost associated with getting an Immigrant Spouse Visa because quite frankly it's a longer process, it's more detailed, because that person enters with Lawful Permanent Residence as opposed to the Fiancé Visa wherein they enter with this Non-immigrant Visa that they can process an adjustment with to Green Card status in the United States. And again the immigration apparatus if you will, looks at it like, look we will kind of fast track a little bit the Fiancé Visa because we are going to get another look at them during the adjustment process. With the Immigrant Spouse Visa, they only get sort of one bite at the apple with regard to looking and scrutinizing over that person, so it's a longer process is all I am saying with regard to Immigrant Spouse Visas. 

The point of this video is if you are going to change the name, change it before going through the immigration process. You can change it here in Thailand to the husband's name after a marriage registration is complete, because once you start the US Immigration process, changing a name just adds a lot of extra layers and frankly problems to processing that you really don't want. So again, you sort of have to deal with it on the back end with regard to a Fiancé Visa. With a Marriage Visa, after you get married, but before seeking immigration benefits, it is generally a better idea to deal with the marital name change during that interim but not after you file for immigration benefits to the United States.