US B2 Visa with new Thai passport and name change

[avvocato]

Does anyone have any recent experience with the following scenario:

My sister in law holds a current USA B2 Visa (good until 13 Aug 2024).  She used it once in 2014.

She got divorced and changed her name back to her birth family name.

She got a new passport with the new name.

She wants to travel back in US to visit some other friends.

The State Department website

( https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions/about-basics.html ) states:

"If your name has legally changed through marriage, divorce, or a court ordered name change, you will need to obtain a new passport.  Once you have a new passport, the Department of State recommends that you apply for a new U.S. visa to make it easier for you to travel to and from the United States."

A recommendation is not a directive. So has anyone recently used a new passport (with a changed name) and the visa (in old Passport) to enter the US with other documentation showing the name change (divorce certificate with official translation) or some other document (and what would that be?)

Any help or clarification will be appreciated. Thanks.

[NanLaew]

Unless cancelled or revoked, AFAIK a US B2 visa is valid for the entire 10 years regardless if the travel document it is placed in has been replaced by another through expiration of validity for whatever reason. Therefore traveling on the new passport while carrying the old passport containing the still valid B2 visa and all the supporting documentation as suggested would appear to be all that is needed.

 

Since it is illegal to use another method of entry to the US other than any passport with a valid visa (such as the visa waiver entry permitted to certain nationalities), from that link it would seem that the State Dept allows two, separate visas to be issued, one for each travel document. Maybe nowadays they cancel/revoke the one in the old travel document at the time the new one is issued in the new document?

 

I would ask this question directly at the US Embassy in Bangkok for clarification and their 'last word'. My experience is that depending on port of entry, the experience with the ICE officers on arrival can vary from knowledgeable and helpful to outright ignorant and bloody-minded. If a new visa is required, apart from the cost, time and bureaucratic hoop jumping, I reckon your SiL will have few issues securing a new B2 visa in the new passport as recommended.