last name change before or after grren card???

[NUSHka 0]

Hi guys its me again lol,

my question this time is about taking my husband's last name,I read a couple of similar topics but my situation is a little different since i overstayed my J1-we've married for 2 yrs,and I want to take his last name,I haven't done it so far cause I'M CURRENTLY OUT OF STATUS(since 2008) and I dont know if it'll cause any complications to my presence in the US...Im preparing my AOS package now and I want to ask if I should change the last name before i file it,of after I get the green cad?? What do you guys think??I read somewhere that it's better to do it before,but Im scared since Im out of status...Any information on how exactly the name change is done and what documentation is needed,and also if I have to maintain an immigration status to do it will be greatly appreciated!

Thanks much in advance!

[amykathleen2005 441]

Well the main way to change a name is through Social Security, do you already have a Social Security card of some kind. If not its going to be pretty hard to do it before as you have nothing official to change with. Apart from that do you have a home residency requirement of your visa?

[NUSHka 0]

Well the main way to change a name is through Social Security, do you already have a Social Security card of some kind. If not its going to be pretty hard to do it before as you have nothing official to change with. Apart from that do you have a home residency requirement of your visa?

YES i have a ss card but my ssn is valid for employment only with DS authorization(that's what its stated on the ss card)

and No the that rule doesn't apply to my visa

[ryna 132]

With the Green Card. File all of your AOS forms using your married name. The SS Card can be changed if you already have one (original card plus marriage license) or, in the worst case, after receiving the Green Card. You don't want to change it after receiving the Green Card or you will pay for a new one ($340, I think it is.)

[NUSHka 0]

With the Green Card. File all of your AOS forms using your married name. The SS Card can be changed if you already have one (original card plus marriage license) or, in the worst case, after receiving the Green Card. You don't want to change it after receiving the Green Card or you will pay for a new one ($340, I think it is.)

So how do I fill out the AOS applications? do I put the new last name (my husband's last name) on the forms or what?? my passport still has my maiden name,how will I prove identity if my passport has my given last name and on the forms I put my husbands last name?

I just read in the SS website that to change my SS card I need to prove: "U.S. citizenship (if you have not already established your citizenship with us), or immigration status if you are not a U.S. citizen." and I dont have any status right now

[ryna 132]

So how do I fill out the AOS applications? do I put the new last name (my husband's last name) on the forms or what?? my passport still has my maiden name,how will I prove identity if my passport has my given last name and on the forms I put my husbands last name?

I just read in the SS website that to change my SS card I need to prove: "U.S. citizenship (if you have not already established your citizenship with us), or immigration status if you are not a U.S. citizen." and I dont have any status right now

If you file the AOS forms in the married name, there is a space for "previously used names" aka your maiden name. I see you are adjusting from a J-1(?) with overstay but it is still based upon marriage to a USC so you will be including a copy of your marriage certificate, correct? That is sufficient justification to file under the new name.

As for the SS Card, it sounds like you'll have to wait to change it with the SSA until you receive your Green Card. My wife came over on a K-1 (financee visa) and if she didn't get her SS card within 75 days, they wouldn't have issued her a card until she received her GC either as she will be technically "out-of-status" after 90 days (while we await her AOS.)

That's not a big deal as while you are waiting on the GC, your passport matches your existing SS Card...

[NUSHka 0]

If you file the AOS forms in the married name, there is a space for "previously used names" aka your maiden name. I see you are adjusting from a J-1(?) with overstay but it is still based upon marriage to a USC so you will be including a copy of your marriage certificate, correct? That is sufficient justification to file under the new name.

As for the SS Card, it sounds like you'll have to wait to change it with the SSA until you receive your Green Card. My wife came over on a K-1 (financee visa) and if she didn't get her SS card within 75 days, they wouldn't have issued her a card until she received her GC either as she will be technically "out-of-status" after 90 days (while we await her AOS.)

That's not a big deal as while you are waiting on the GC, your passport matches your existing SS Card...

yes Im adjusting from J1,and yes based on a marriage to USC.

so u suggest to file for AOS with the new name on the papers,and wait for the GC with my old name on the SS card and passport;and then change those when the GC (with my new name) arrives? sounds good to me,as long as its not gonna trigger any complications..

thank u ryna

[ryna 132]

yes Im adjusting from J1,and yes based on a marriage to USC.

so u suggest to file for AOS with the new name on the papers,and wait for the GC with my old name on the SS card and passport;and then change those when the GC (with my new name) arrives? sounds good to me,as long as its not gonna trigger any complications..

thank u ryna

You are welcome.

Yes, with all of those (plus your marriage certificate at the SS office) and you should be fine after you get your GC.

[NUSHka 0]

You are welcome.

Yes, with all of those (plus your marriage certificate at the SS office) and you should be fine after you get your GC.

I just looked at the forms,and on i 485 there's no space to put my maiden name,these is one on the i 130- "other names used"...

so I still put my husband's last name on the i485??

[lady26 0]

All the forms for Adjustment of Status I filled with my married name, because Green Card will arrive with the name you have filled so it is very important that you type your married name. You will probably see another question asking other names you used to have, then you type the last name when you used to be single. So, fill every form with your new name, so u wont have headaches trying to change your last name on green card afterwards.

[ryna 132]

I just looked at the forms,and on i 485 there's no space to put my maiden name,these is one on the i 130- "other names used"...

so I still put my husband's last name on the i485??

Maybe I was thinking of her I-130 but in any case you use your new name for the GC. It's all around easier that way.

[NUSHka 0]

All the forms for Adjustment of Status I filled with my married name, because Green Card will arrive with the name you have filled so it is very important that you type your married name. You will probably see another question asking other names you used to have, then you type the last name when you used to be single. So, fill every form with your new name, so u wont have headaches trying to change your last name on green card afterwards.

thanx madeleyni, ..

not on all forms there is a question about other names though,for instance I 485,..

[VanessaTony 3,567]

thanx madeleyni, ..

not on all forms there is a question about other names though,for instance I 485,..

Well technically there is.. bcause your I-94 (though expired) will have your maiden name on it. But it's not a huge deal because you're filing the I-130 at the same time which will have your maiden name listed.

Myself for example. I entered on a K1. My passport and everything was in my maiden name. I filed the AOS in my married name. Once my GC arrived I had my Australian passport changed. I changed my bank accounts in the US immediately after marriage (so I could get used to the name and signing the new name). My SSN COULD have been changed once I had the EAD but I waited so that I could have the DHS authorisation removed.

[NUSHka 0]

Well technically there is.. bcause your I-94 (though expired) will have your maiden name on it. But it's not a huge deal because you're filing the I-130 at the same time which will have your maiden name listed.

Myself for example. I entered on a K1. My passport and everything was in my maiden name. I filed the AOS in my married name. Once my GC arrived I had my Australian passport changed. I changed my bank accounts in the US immediately after marriage (so I could get used to the name and signing the new name). My SSN COULD have been changed once I had the EAD but I waited so that I could have the DHS authorisation removed.

since u were K1 did u file a I-485 as well ,cause there is no space for prior used names on it,dont they send the different applications to different locations to be reviewed after received at the lockbox?or they review the I130 and the I485 together...oh I think im getting confused lol()...

Edited March 30, 2011 by NushiCarter

[Harpa Timsah 13,258]

They review the I-130 and the I-485 together. Furthermore, there is an "other names used" space on the two G-325As you will be sending (also one for your husband, so three total). Apply for all things in you MARRIED name. You will be sending along your marriage certificate, and USCIS accepts this as a valid name-change document. They are smart enough to know how to handle a name change... it happens all the time. If you apply in your maiden name, then you will have to pay monies to get the name changed on it. Might as well avoid paying extra and apply in married name now.