Does my wife need our marriage cert to change her name?

[Matt_Stevens 5]

I am not clear on this, even after reading for hours.

In addition, when we filled out the marriage certificate she did not take my last name. They don't do that where she is from. But because the US Government has completely screwed up her name on ever paper we have received from them (all of them in different ways) she and I thought it was needed to do this now and get it taken care of.

[I'm Gone 60]

I am not clear on this, even after reading for hours.

In addition, when we filled out the marriage certificate she did not take my last name. They don't do that where she is from. But because the US Government has completely screwed up her name on ever paper we have received from them (all of them in different ways) she and I thought it was needed to do this now and get it taken care of.

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 acceptable identity documents. One

of the submitted identity documents must show the old name (the name

on the latest SSN 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 (SSN record)

data.

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.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and Department of Homeland Security 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, SSA presumes 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.

This is in addition to proof of current lawful employment authorized status, i.e. valid I-94 with passport

----------------------------------------------------------------------------------------------------------------------------

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.

NOTE FROM ME: It says to tell you to report the name change to DHS, not that the SSN application can't be processed until you do.

[Matt_Stevens 5]

OK, thanks, but I now have more confusion. I do not understand all of that. It's all legal speak and after reading it five times over two hours, I am no closer to understanding it. I still do not understand HOW we can get her name changed and if we need the marriage certificate and if so, does it matter that she did not take my name on it?

You were a big help to us in getting Anh her SS# and I thank you, but I just cannot follow all that legal speak. It is far too overwhelming for anyone with severe dyslexia to read all of that. Stress makes my dyslexia far worse and this stuff makes me a complete loon.

Edited September 10, 2006 by Matt_Stevens

[Canuck Carrie 1]

Re-read the stuff in bold.

The name on her SSN will be the same name on her passport/Visa unless you present a marriage certificate.

[I'm Gone 60]

OK lets try this again. As long as her I-94 is NOT expired OR within 14 days of expiring she should be able to change her last name on her SSN record to your last with her I-94 and marriage certificate, as long as the marriage certificate has her age or date of birth.

However, her status still needs to be verified, but if she can be verified through SAVE with her maiden name, that should be OK.

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

RM 00203.210 Changing Numident Name Data

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.

Note: For a marriage document or marriage record to be acceptable as an identity document it must show, in addition to the applicant’s name, either the applicant’s age, date of birth or parents’ names and the marriage document alone can be accepted as evidence of identity for both the old and new names when it meets this standard.

When issuing immigration documents, the Department of State and Department of Homeland Security 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, SSA presumes 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.

This is in addition to proof of current lawful employment authorized status, i.e. valid I-94 with passport

----------------------------------------------------------------------------------------------------------------------------

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.

NOTE FROM ME: It says to tell you to report the name change to DHS, not that the SSN application can't be processed until you do.

[Matt_Stevens 5]

OK, I think I might understand this now. Her Visa and her I-94 have her Family/Surename name correct. Her SS card does not. It reads FIRST LAST MIDDLE. Will this cause a problem?

Anh has said she would be OK with using her family name as her middle name and so the SS card would read FIRST FAMILY and then my last name.

Am I making sense?

[I'm Gone 60]

OK, I think I might understand this now. Her Visa and her I-94 have her Family/Surename name correct. Her SS card does not. It reads FIRST LAST MIDDLE. Will this cause a problem?

Anh has said she would be OK with using her family name as her middle name and so the SS card would read FIRST FAMILY and then my last name.

Am I making sense?

Not to make things complicated apply to change the last name on her current SSN record to your last name and if she wants to make the last name on her current SSN record her middle name on her new SSN record.

Before

First name Middle name Maiden name

After

First name Middle name Your last name

Or

First name Maiden name Your last name

Edited September 10, 2006 by mdyoung