SSN and Name change before filing I-485?

[EmersonsFoot 0]

I've been in the US now for under 2 weeks. Married my American hubby in Vegas the day after I entered, and am waiting on both my SSN (which is delayed because I'm not even in their system yet from the K-1 visa entry) and to get my name changed officially.

I keep wanting to put down my hubby's (soon to be my) last name under 'family name' on all these forms (I-485 and friends) but if that isn't my official last name yet, I probably shouldn't, right? But it'll be changed soon, so is there any advantage to waiting? I'll also have an SSN within a couple weeks, and don't know if thre's any advantage to waiting for that, as opposed to leaving the field blank on the forms.

I get the impression that I should be filing these forms as soon as possible, which I suppose answers the above questions, but the questions came to mind anyway, so I thought I'd ask before sending anything off.

This is pretty overwhelming, I gots to say. Still, it's great to have made it this far. Good luck to all those still waiting for their K-1 (who probably won't be reading this topic), and congrats to those who are this far along or further!

Thanks in advance for your help,

Brooke

[Mand 1]

Marriage is a legal name change if you decide to take your husband's name. Fill out the I-485 with the surname you wish to use (maiden or married) and all your correspondance, and official cards (EAD and Green Card) will be in that name. So, basically from the day you got married, you can start using your married name if you wish.

You SSN will be in your maiden name, but you can apply for a name change (but not a new card) after marriage. To get your SSN card into your married name, you will need an EAD/Green Card showing this name. I just went into the Social Security office today with my Green Card (in my married name) and requested an unrestricted card in my married name.

Good Luck with the forms!

[motu 5]

yes - file the I485 in your new name and the EAD and AP also if you are requesting those. Good Luck

[EmersonsFoot 0]

Thanks guys, that's what I needed to know!

[I'm Gone 60]

I keep wanting to put down my hubby's (soon to be my) last name under 'family name' on all these forms (I-485 and friends) but if that isn't my official last name yet, I probably shouldn't, right? But it'll be changed soon, so is there any advantage to waiting? I'll also have an SSN within a couple weeks, and don't know if thre's any advantage to waiting for that, as opposed to leaving the field blank on the forms.

Ok as others have said your legal name is whatever you choose it to be and whatever your state allows after getting married. If you just change your last name to your husband's that's allowed by all states based on marriage and that's your legal name and if you are going to use that name, that's what you should use on the immigration forms as current name.

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As far as your current SSN application, if it was me I would get the SSN and card then apply for the corrrected card if your marriage certificate has your age or date of birth. Otherwise, you will need to wait until you have an EAD card with your married name.

Just remember SSA will not assign an SSN or issue a card if your status has expired or is within 14 days of expiring.

K-1 status is good for 90 days, so that only gives her 76 days to be assigned an SSN or issued a corrected card. After that time you will need an EAD or I-551 card to establish authorization to work. Before that time the I-94 showing K-1 status is the document that establishes authorization to work for SSN purposes.

http://policy.ssa.gov/poms.nsf/lnx/0100203210

RM 00203.210 Changing Numident Data

The applicant may submit either:

One legal name change document showing both the old and new names (e.g., a court order for a name change or a marriage document. The document must also show either (1) a description or photograph of the person or (2) biographical information that can be compared with the Numident data; or

When the name change document does not show either a photograph of the person or biographical information that can be compared with the Numident data, then, in addition to the name change document, the applicant must also submit two identity documents listed in RM 00203.200E. One of the submitted identity documents must show the old name (the name on the latest Numident record) AND the other submitted identity document must show the new name (the name to be shown on the corrected SSN card). The identity documents submitted must show either a photograph of the applicant or provide biographical information that can be compared with the Numident data.

a. Bride Takes Groom’s Last Name

In all 50 U.S. States (this means the 50 States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) the bride may take her husband's last name (surname or family name) as her new last name. (EXAMPLE: Jane Doe married John Jones and she may change her name to Jane Jones.)

Interim Guidance: If the bride wants to take her husband's last name, accept the marriage document as a legal name change for the bride if the new name can be derived from the marriage document; even if the marriage document only shows each partner's first names, the bride's prior surname and husband's surname. The marriage document alone can be accepted as evidence of identity for both the old and new names when it meets the criteria described in RM 00203.200G.2.

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http://policy.ssa.gov/poms.nsf/lnx/0100203200#G2

2. Determine if the ID Document Has Required Information

Ask the applicant to submit one or more documents that show the person's name AND provide:

Biographical information in addition to the person's name that the reviewer can compare with the data on the SS-5 (e.g., date of birth, age, or parents' names) and/or

Physical information that the reviewer can compare with the applicant (e.g., physical description, photograph).

NOTE: A non-picture identity document must have the person's name as well as information that can be

compared to the Numident, the applicant or other documents submitted (e.g., age, date of birth, or parents' names).

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C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person's legal

name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

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The SSA office will try to verify your status through the SAVE system while you are in the office. If they can't, they will send a form G-845 to immigration for manual verification. This could delay the assigning

of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that you go back to the SSA office no more than once a week with your documents to (1) ask them to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come

back (4) after 30 days ask if they have followed up on the G-845 by calling or sending another mark "second request."

http://policy.ssa.gov/poms.nsf/lnx/0100203720

RM 00203.720 Verifying Immigration Documents

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http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

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After having waited at least 30 days and your local SSA office doesn't seem concerned about following up on the G-845 you can try contacting the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

http://policy.ssa.gov/poms.nsf/lnx/0100203740

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving the Form G-845. If DHS does not respond within 15 federal work days from the receipt of the G-845 from SSA, follow-up with the DHS, USCIS

Immigration Status office. (Allow 15 days plus five additional federal work days of mail time for the G-845 to be received at and returned from DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an arrangement with the DHS, USCIS office to telephone for the follow-up contact; other SSA offices send a copy of the original G-845 annotated

“second request.”) If the DHS response is still not received within 15 federal work days after the follow-up contact (if the follow-up is by mail allow five additional federal work days of mail time for the G-845

to be received at and returned from DHS), make a second follow-up contact. If the DHS response is not received within 15 federal workdays (again, if the follow-up is by mail, allow five additional federal work

days of mail time for the G-845 to be received at and returned from DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.