SSN After Getting Married

[hart1sj 0]

Hey all!

My wife (Canadian) just moved to Michigan with me and we got married on July 1st! Anywho, she has her K-1 visa. We are about to start getting things together for Adjustment of Status. Can we go to the Social Security office and apply for a SSN for her right now? Does anyone know if her name is officially changed to mine once we receive the marriage certificate or only after we get her a SSN and card? My lawyer told me otherwise but he has been terrible and I haven't trusted a word he's said. Thanks for your help!

[NikLR 13,227]

Apply for SSN in visa name to avoid issues. Then get it changed after it's in hand. After the EAD IMHO.

[NikLR 13,227]

Her name is changed when she changes it on items using the marriage certificate to do so. She can change her passport at anytime but generally is easiest when it's up for renewal as it requires a full application and not a quick renew.

[Ian H. 207]

Your marriage certificate is the proof that she changed her name. You said she moved to Michigan already so the K1 visa is irrelevant at this point. She can apply for an SSN in her new name because if she changed it as part of your marriage then legally she can no longer use her maiden name. You will have no problem at the SSA office if you show her visa and passport with her old name because the marriage cert is what proves the name change. Also she should get a new Canadian passport in her new married name. Also when you file your AOS you have to put her new name as well, it doesn't matter that the visa and passport is in the old name because they know that upon your marriage she took your last name and therefore she can get her EAD and GC in her new name without having to submit any additional petitions. Don't way until after AOS because then you will have to pay for everything again without need.

[Wishing-Waiting 2]

Hello and congratulations. Her name changes with original marriage certificate. She can apply for her SSN and start to change her name on any other USA accounts and cards (for example: bank accounts, State driver's licence etc plus Canadian accounts as well) Be advised, many institutions require original marriage certificate. Hence, I ordered 3 or 4 and kept cycling them. Institutions will normally return them to you after processing. Canadian passport and changing Canadian SIN, EI, CPP departments. To my surprise many "departments" within Cdn government are completely separate and will not work together so your ID and original marriage certificates will travel MANY miles. Make a list and Good Luck !

[Dave&Roza 748]

Your marriage certificate is the proof that she changed her name. You said she moved to Michigan already so the K1 visa is irrelevant at this point. She can apply for an SSN in her new name because if she changed it as part of your marriage then legally she can no longer use her maiden name. You will have no problem at the SSA office if you show her visa and passport with her old name because the marriage cert is what proves the name change. Also she should get a new Canadian passport in her new married name. Also when you file your AOS you have to put her new name as well, it doesn't matter that the visa and passport is in the old name because they know that upon your marriage she took your last name and therefore she can get her EAD and GC in her new name without having to submit any additional petitions. Don't way until after AOS because then you will have to pay for everything again without need.

You do not HAVE to use the married name. My wife is not using my last name and I know of several USC whose spouses are using their maiden name. The changing of the last name is a choice. Also, she now has two (2) legal names: her maiden name and her married name. If you do not believe me go have a will drawn up and there will be a section listing the current legal name and AKA (also know as) to show other names a person has used during their lives--my Mother had three listed on her will as she had First Middle Maiden, First Maiden Married, First Middle Married and the First Maiden Married was listed first as that was the name she signed all documents in and considered her legal name.

Also, they SHOULD have no problems with the SSA in changing her name using just the Marriage Certificate, however; most SSA employees are poorly trained when it comes to the K-1 and think that once married the K-1 magically changes and they will need to do a verification with DHS. It is highly recommended you apply in the VISA name as that is the name currently in your immigration file and should the SSA do a verification there will not be a mismatch because the last names are different.

Complete the AOS form with the name she wants to use and have her GC issued in. If it is her maiden name, out that down. If she wants to change to her married name put that down and under "other names used" put her maiden name. Having the GC and her passport names different is not too much of an issue. Just book all tickets in her passport name and carry a copy of the Marriage Certificate to show she is the same person when she shows her GC to gain re-entry into the US. For domestic travel it does not matter which name she uses as long as it matches the ID she is using for travel (i.e. what does she show to the TSA agent--for international travel you must use your passport to board the plane so the names must match).

Should she decide to keep her maiden name but changes her mind latter, you have two chances to change her last name for free. At removal of conditions (ROC) and at Naturalization.

It is up to her as to when and whether she wants to change her name.

Good luck,

Dave

[Ian H. 207]

I would love to know when I mentioned that one HAS to use his or her married name. The OP asked if the name officially changed when they got married. As I stated before IF she changed her name during marriage LEGALLY that would be her name and it wouldn't be FORCED because she CHOSE to change it. I'm sure the marriage license application asks very specifically if you would like to change your name. If she DIDN'T change her name, then all relevant documents would remain in her maiden name and no further issues would arise. If she DID change her name then she HAS to apply with her new name because once you formally change your name you have to begin using the new one. Yes you can have AKA's a lot of people do, but these are legal documents and they are very specific as to which name one must use and I'm sure most if not all applications for government documents specifically ask for your LEGAL name, not any other name you go by. The SSA does have stupid people because I have gone in with some of my family members regarding the same issues with married names, visa, etc and they usually don't know the procedure so it's always good to speak to a supervisor and explain to them the situation and the law if you have to. If she chose to change her name when she got married, it would be obvious to the SSA official when they see her K1 visa in her old name and the SSN application in her new name, it wouldn't be a problem. The application asks for any other names you are known by and they would verify with DHS in her maiden name because that would be the name on the visa and issue the SSN card in her new name. It's much easier than it sounds and it would save this couple unnecessary trips to the SSA office to fix an issue that could have been resolved from day one.

You do not HAVE to use the married name. My wife is not using my last name and I know of several USC whose spouses are using their maiden name. The changing of the last name is a choice. Also, she now has two (2) legal names: her maiden name and her married name. If you do not believe me go have a will drawn up and there will be a section listing the current legal name and AKA (also know as) to show other names a person has used during their lives--my Mother had three listed on her will as she had First Middle Maiden, First Maiden Married, First Middle Married and the First Maiden Married was listed first as that was the name she signed all documents in and considered her legal name.

Also, they SHOULD have no problems with the SSA in changing her name using just the Marriage Certificate, however; most SSA employees are poorly trained when it comes to the K-1 and think that once married the K-1 magically changes and they will need to do a verification with DHS. It is highly recommended you apply in the VISA name as that is the name currently in your immigration file and should the SSA do a verification there will not be a mismatch because the last names are different.

Complete the AOS form with the name she wants to use and have her GC issued in. If it is her maiden name, out that down. If she wants to change to her married name put that down and under "other names used" put her maiden name. Having the GC and her passport names different is not too much of an issue. Just book all tickets in her passport name and carry a copy of the Marriage Certificate to show she is the same person when she shows her GC to gain re-entry into the US. For domestic travel it does not matter which name she uses as long as it matches the ID she is using for travel (i.e. what does she show to the TSA agent--for international travel you must use your passport to board the plane so the names must match).

Should she decide to keep her maiden name but changes her mind latter, you have two chances to change her last name for free. At removal of conditions (ROC) and at Naturalization.

It is up to her as to when and whether she wants to change her name.

Good luck,

Dave

[gwenstar 66]

Also, they SHOULD have no problems with the SSA in changing her name using just the Marriage Certificate, however; most SSA employees are poorly trained when it comes to the K-1 and think that once married the K-1 magically changes and they will need to do a verification with DHS. It is highly recommended you apply in the VISA name as that is the name currently in your immigration file and should the SSA do a verification there will not be a mismatch because the last names are different.

Personally as a USC I had my name on my social security card changed right after I got married but still had my passport in my maiden name for 8 years before I got around to changing it. Both my maiden and married last name are associated with my SSN.

It makes it way easier to get everything in the same name though (married or maiden) so it is not as confusing for things like bank accounts/paychecks/Dr appointments/insurance and so on.

Besides the governing agencies don't need any more reason to delay processing things....the more straight forward/streamlined things are - the better.

Edited July 23, 2014 by gwenstar

[Ian H. 207]

Also let me just add that traveling with a document in one name and one document in another name regardless of whatever proof you have will cause problems depending on the country in question. She may not have problems entering the US, but she may have problems visiting another country so it is HIGHLY recommended she uses one name in all her documents to avoid potential headaches and delays.

[Ian H. 207]

You're right because some people choose to keep BOTH last names that way they can use whichever one they want, that's usually fine. However, the problem is that some people get rid of their maiden name completely and to any agency you could be two different people. Of course mind you as a USC you only have the one travel doc so it doesn't matter if your SSN had another name any way. The problem for LPR's or K1's is that their visa and passport are in their maiden name while SSN and green card may be in married name. Technically since they need the passport and green card to travel it's best to have one constant name. Like I said before the problem isn't usually here in the US, but when you try to enter other countries.

Personally as a USC I had my name on my social security card changed right after I got married but still had my passport in my maiden name for 8 years before I got around to changing it. Both my maiden and married last name are associated with my SSN.

It makes it way easier to get everything in the same name though (married or maiden) so it is not as confusing for things like bank accounts/paychecks/Dr appointments/insurance and so on. Its not like the governing agencies need any more reason to delay processing things....

[Dave&Roza 748]

she can no longer use her maiden name.

That was what I was basing my reply upon which is not true. She can use her maiden name and her married name at the same time. It depends on which ID she uses and how she signs her name. My Mother and Grandmother always had a fight as my Grandmother insisted in using as my Mother's name First Middle Married and my Mother always used Middle Maiden Married. I will point out that this was during the 70s, 80s, and 90s, and it appears that most places are getting more strict about IDs matching the name being used.

OP: As others have pointed out, it is best to get all IDs into the same name to avoid potential confusion and problems. At least being a Canadian citizen she could travel to the US without a GC or visa and be expected to be allowed in. This would mean that she may be able to get on a US bound airplane with just her passport and not have to show the GC until she actually gets to the US. So she would have an easier time than say my wife who does require a visa or GC in order to re-enter the US and all airlines ask to see it before they let her on the plane.

Up to you and her as to what name to use and when to change IDs.

Good luck,

Dave

[Ian H. 207]

Yeah many states do allow you to use whatever name you want without formally changing out or going to court. But you're right about them getting stricter with the laws. With the level of identity theft in this country it has become a problem to use your name how you like it without going to court. For social and all other purposes she can use whatever name she wants, but for governmental purpose you have to use your legal name to avoid issues. And yes my grandmother was also one of those which is why we went through hell trying to get her maiden name on her SSN because none of her documents or records reflected her maiden name, only her birth cert. I just want to avoid them the pain and suffering lol.

That was what I was basing my reply upon which is not true. She can use her maiden name and her married name at the same time. It depends on which ID she uses and how she signs her name. My Mother and Grandmother always had a fight as my Grandmother insisted in using as my Mother's name First Middle Married and my Mother always used Middle Maiden Married. I will point out that this was during the 70s, 80s, and 90s, and it appears that most places are getting more strict about IDs matching the name being used.

OP: As others have pointed out, it is best to get all IDs into the same name to avoid potential confusion and problems. At least being a Canadian citizen she could travel to the US without a GC or visa and be expected to be allowed in. This would mean that she may be able to get on a US bound airplane with just her passport and not have to show the GC until she actually gets to the US. So she would have an easier time than say my wife who does require a visa or GC in order to re-enter the US and all airlines ask to see it before they let her on the plane.

Up to you and her as to what name to use and when to change IDs.

Good luck,

Dave

[gwenstar 66]

Of course mind you as a USC you only have the one travel doc so it doesn't matter if your SSN had another name any way. The problem for LPR's or K1's is that their visa and passport are in their maiden name while SSN and green card may be in married name. Technically since they need the passport and green card to travel it's best to have one constant name. Like I said before the problem isn't usually here in the US, but when you try to enter other countries.

Yeah - I had that realization after I posted that....I only have to use one travel doc. so isn't an issue. It still gets me sometimes when I realize how there are just so many little things to take into consideration that I never would have thought of.... and some of those things could have such an impact down the road for visa/immigration stuff. Yay for VJ and finding answers - I would have been so lost.

[kc247 22]

Lots of people have replied but I'm just going to add what I did. I got my SSN after we got married, and I got it in my maiden name, even though I am technically changing my last name to his name. Since so many of my documents are in my maiden name, I still use my maiden name for many things (EI etc). I also never had to put on our marriage certificate if I was officially taking his name or not. I just decided to take it, actually I would of preferred to keep my maiden name, but I didn't want to make things complicated when we had kids and their last names and having a different one than them..soo I decided to just suck it up and change it haha.

Anyway I believe most people wait until they have their EAD to change their SSN to their married name. I haven't yet , because the SSN office is an hour away and I don't see the point in rushing to change it when I can still use it in my maiden name... so no rush unless you really care about it being the married name haha.

Also I will add you don't have to have the SSN to Adjust Status, I didn't, and just left it blank. I am also in no rush to change my passport, etc, I will change those things when they need to be renewed.

[NikLR 13,227]

Dave most Canadian airports have pre-clearance so you go through customs before even boarding the plane and land in the USA as a domestic flight.

Flying back to Canada or not domestically requires a passport and the ticket should be booked in passport name. Then after green card the person would need to bring their marriage certificate and green card to reenter the USA.

I suggested getting the SSN in visa name because of reported issues from others due to improperly trained SSA employees.