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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Me and my wife went to the social security office today to get her last name changed on the SS Card. But the lady there said we aren't allowed because we have to change the name on the visa first. Is she write I'm not sure because on the form it just states that you bring marriage certificate and ID and SS Card. and they can change it.

Has anyone else had this problem

Filed: Citizen (apr) Country: Australia
Timeline
Posted

a lot of people have been having this issue. Some make you wait till you get your EAD before they will allow you to change it.

Good luck!

Posted

We had the same problem but when Claudeth got her EAD they changed it and it took about 4 weeks to get the card.

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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Me and my wife went to the social security office today to get her last name changed on the SS Card. But the lady there said we aren't allowed because we have to change the name on the visa first. Is she write I'm not sure because on the form it just states that you bring marriage certificate and ID and SS Card. and they can change it.

Has anyone else had this problem

wait until she has her green card and go back (that is the ID card they want) and bring the marriage license also. You cannot change her name on the visa, the visa is cancelled. SS clerks are rarely trained properly but that doesn't stop them from making up new law.

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Gary And Alla

Filed: Timeline
Posted
Me and my wife went to the social security office today to get her last name changed on the SS Card. But the lady there said we aren't allowed because we have to change the name on the visa first. Is she write I'm not sure because on the form it just states that you bring marriage certificate and ID and SS Card. and they can change it.

Depends on how long she has been here. If she has been here less than 76 days she is still eligible to be issued a card based on her K-1 status with the married name. If 76 days or more she will need an EAD card or I-551 stamp or card to be issued an SSN card.

A lot of SSA offices have switched over to a new system called SSNAP to process SSN applications. I suspect K-1s going for name changes or applying with the married name are going to have problems. Offices were a bit shaky processing those types of applications using the old system and now you throw in a new system that no one has much experience using.

If she hasn't been here 76 days, I would go back to that office or try another and ask to speak with a manager if they won't at least accept the application.

This is what I would point out to them

RM 00203.210 Changing Numident Name Data

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203210

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.

D. Examples of Legal Name Changes

4. Name Change to a Name Different From Name on Immigration Document

Monica Mumma Stottlemyer applies for a replacement SSN card in her married name. She:

-- Completes an SS-5 showing her first name as Monica, her middle name as Mumma, and her last name as Smith;

-- Completes the other names used field, showing that name as “Monica (first name), Mumma Stottlemyer (last name);”

-- Signs the SS-5 as “Monica M. Smith;”

--Submits a U.S. marriage document showing Monica Mumma Stottlemyer and John Smith married last week (the marriage document shows the dates of birth for Monica and John);

-- Submits a driver's license with her photograph that shows the name Monica M. Smith; and

-- Submits a DHS employment authorization card with her photograph and showing her name as “Mumma Stottlemyer, Monica.”

The U.S. marriage document supports the legal name change and is acceptable evidence of identity in both the old name and the new name because it shows biographical data (date of birth) that can be compared to the Numident record. Further, the name to be shown on the SSN card agrees with the name on the additional identity document in the new legal name (the driver's license).

SSA can process the name change request. Process the SS-5 to have the name “Monica (first name) Mumma (middle name) Smith (last name) to be shown in the card and enter “Monica (first name) Mumma Stottlemyer (compound surname) as an “other name used.” The compound surname must be entered the same way it is shown on the immigration document. Advise the number holder to also contact DHS to change her surname to “Smith” with that agency.

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Make sure you point out it says ADVISE, not must make the change before the application can be processed.

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Worse case scenario, she can at least have the name corrected on the SSN record, just will not be issued a card with the married name.

RM 00203.510 Alien without Work Authorization - Nonwork Need for an SSN

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510

D. Procedure - SSN card request by alien not authorized to work

4. Correcting Numident Data When a Replacement Card Cannot Be Issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that no replacement card can be issued. (See RM 00203.001D.4.).

Although a replacement card cannot be issued, the Numident can be corrected if the alien has provided documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the SS-5 to update the Numident information but suppress the issuance of a card.

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No matter what she does, DO NOT DO NOT give up her SSN card until she gets another. Say the dog ate it.

 
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