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Passport and Greencard expired

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I am a filipino national.


In March, 2008 I went to USA on a Fiancee Visa and was married there. After Marriage we applied for Permanent Residency/Greencard.  I received 2-year probational Greencard.


In August 2009 my American Husband and I returned to the Philippines where I have lived ever since. Because I was not in the US I was unable to convert my 2 year Probational Greencard to my 10 year Permanent Residency card,


My Husband and I have a 2 year old Son, born in the Philippines.


My husband has recently returned to US and is trying to get Spousal Visa for me and a Visa for our Son.


My Philippine Passport still has my maiden name and it's EXPIRED.


1. When I apply for a new passport is it possible to get it with my Married name? If YES how do I do it?


2. If my new Passport has my Maiden Name, will this cause any problem with my Spousal Visa?


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Am I right that your husband filed for a spousal visa under your married name? I am assuming that to be correct, right? I mean, he would not have filed for a spousal visa under your maiden name, would he? There would be no reason to do that. 


To get your new passport, take your expired passport, a certified copy of your birth certificate (NSO), your marriage certificate, and photographs (you can take the photo at the DFA, still, perhaps?), and go to the DFA. You will probably have to make two trips to the DFA in order to get this completed.


If you are unsure about doing it on your own, you could get an agent to help you.


You and your husband could have saved yourself a LOT of trouble, if you had gone back before your (probational) green card expired.

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Your husband should have filed DCF (Direct Consular filing) before he left the Philippines. The processing time for DCF filing is now about one month, by filing stateside the processing time is 10 months+.


Provided you notified the Philippine embassy in the US of your marriage, you can order a marriage certificate from the NSO. With your expired passport, Birth certificate, and NSO marriage certificate you can apply for a new passport in your married name at the DFA. The new passport should be in your married name.


If your son is the biological child of your husband, he is most likely NOT eligible for a visa. Instead, you need to apply for a CRBA (Consular report of birth abroad). He will then need to get a US passport, as he is a US citizen by right of birth.


If your husband were to come back to the Philippines, he could reside here for a few months and then file DCF, and still have you in the US before you will get a visa by him filing stateside. It will also be much easier to apply for the CRBA and passport for your son if he were here in the Philippines.


If you would have come here and asked this before your husband went to the US, you possibly could have been there with him now.


He can call me if he wants to discuss options, my US phone number is in the "contact us" link on our webpage, If I don't answer leave a message, and I will return his call;



Edited by shadow
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