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Filed: Other Country: Philippines
Timeline
Posted

When we went to have her name change (also filipino wife) we were told we needed an EAD. Waited for the EAD and then went back, were not in the system and they had to request confirmation from USCIS twice. Applied for name change Dec 27th, just got letter saying card should arrive in about two weeks.

I guess some get lucky and others wait.

Mike and Luvy

Filed: Timeline
Posted
John....I'm just curious if there actually is a SS rule that a lady with a K-1 Visa can't change her name on her SS card from maiden to married without some type of USCIS document with her married name on it? I'd like to read it if someone here on VJ can come up with it!

All depends if the marriage certificate has the age or date of birth. Nothing specifically says a K-1 can't change the name after marriage without an EAD or I-551, but if there is no age or DOB on the marriage certificate, going to need an acceptable identity document in the name currently on the SSN record and the married name in addition to the marriage certificate and a EAD or I-551 are primary evidence of identity for an alien age 18 or older.

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

RM 00203.210 Changing Numident Name 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.

In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the NH’s legal name.

Remember that immigration status must always be verified before an SSN card can be issued.

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

RM 00203.735 Requesting Online (Primary) Verification by SAVE

E. Procedure — Online SAVE Query Response Information Does Not Agree with Immigration Document

1. Name

e. Applicant Has Changed His/Her Name but SAVE Query Response Shows Old Name

In some cases, the applicant may have changed his/her name after DHS issued the immigration document (e.g., he/she has married and is now using the spouse's last name) but does not present an immigration document showing the new name. In these cases, the DHS system reflects the new name only when the person provided the name change information to DHS and requested to have his/her immigration record changed to show the new name. When the SAVE query response shows the old name that is shown on the immigration document presented and not the new name on the identity document presented, do not consider this a name discrepancy for enumeration purposes. See RM 00203.200 when the applicant presents an identity document in the new name that is more recent than the immigration document to determine if the identity document is acceptable. Tell the applicant he/she must report the name change to DHS so that DHS can update its records.

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

RM 00203.200 Evidence of Identity for an SSN Card

6. Documents for Adult Age 18 and Older

ALIEN: Adult Age 18 and older

1. Primary Evidence

Request a current U.S. immigration document and an unexpired foreign passport.

-- Form I-551, Permanent Resident Card (includes temporary I-551 stamp/machine readable immigrant visa (MRIV) in combination with an unexpired foreign passport when the I-551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/departure Record in combination with an unexpired foreign passport

-- Form I-766, Employment Authorization card

-- Form I-688B, Employment Authorization card

Filed: K-1 Visa Country: Brazil
Timeline
Posted

Hi Maybe we were just too dumb, but we just walked in to the SSN office today with Marlene's passport (I-94 attached of course) and our newly minted marriage certificate. Very nice lady at the desk and within 5 minutes we were out the door. Marlene's SSN will be issued in her married name. No hassles at all.

Bruce

09-24-2005 I-129F SENT

09-29-2005 NOA1

10-18-2005 RFE - Needed original German divorce decree for Marlene - Our mistake to not have sent it

11-02-2005 VSC receives RFE response

11-16-2005 NOA2 E-mail HOORAY!!!!!

11-18-2005 NVC receives and issues case number

11-25-2005 Medical exam completed

12-12-2005 Received Package 3 today

12-20-2005 Receive e-mail from Consulate with interview date of 1-23-2006!

12-30-2005 Marlene got the Package 4 today from the Consulate.

01-23-2006 INTERVIEW DATE!!! APPROVED!!!

01-27-2006 Arrive in USA

02-10-2006 Got MARRIED!

AOS/AP/EAD

03-22-2006 Filing date AOS/AP/EAD

03-26-2006 NOA date for AOS/AP/EAD

06-03-2006 AP Received

06-07-2006 EAD Received

07-24-2006 Welcome Letter Mailed - No Interview required

07-28-2006 On-line status says "after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."

08-04-2006 Green Card received Date - DONE for TWO YEARS!

3dflagsdotcom_brazi_2fawm.gif[Marlene]3dflagsdotcom_usa_2fawm.gif [bruce]

Filed: Timeline
Posted
Hi Maybe we were just too dumb, but we just walked in to the SSN office today with Marlene's passport (I-94 attached of course) and our newly minted marriage certificate. Very nice lady at the desk and within 5 minutes we were out the door. Marlene's SSN will be issued in her married name. No hassles at all.

Bruce

New procedure were put in place on December 18th for identity documents and documents required for a name and some people have bothered to read them and understand them and some haven't bothered or don't fully understand.

However, in their defence things are somewhat confusing, i.e.

A. . Policy – Changing Numident Data - Legal Name Change

1. General

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.

Says you need a document with old name and new name and the example give is a marriage certificate or you need two other documents in addition to the name change document, but then further down

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.

Says marriage certificate alone can be used it it has the applicant's age or date of birth without it specificlly showing bride's maiden and married names.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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