Legal Question in Immigration Law in California

My son lives in the Philippines. His wife was previously married and her husband passed away. She has a legal death certificate and my son and she have a legal marriage in Phils. She possesses a Valid P.I. Passport with her present married name on it and an expired one with her former (deceased husbands) last name. She has a US Visa B2 status for tourism that is good through 2018 but has her former married name on it. We know that she can legally leave the Philippines. The question is, can she enter the US with this present situation having marriage and death certificates to show as proof, or does she have to get a new US Visa with new married name?


Asked on 3/08/16, 3:17 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I would recommend that she contact the U.S. Embassy in the Philippines & inquire with them. If her visa is in the expired passport, I would think that Customs & Border Protection would require the visa to be re-issued in her valid passport, irrespective of the name change (for that, she could just bring the death certificate & new marriage certificate).

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Answered on 3/09/16, 6:11 am


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