ADJUSTMENT OF STATUS FOR K1

[ridgid 0]

Should we use my family name for AOS Application for my fincee? We did not go yet to SS Office for change name on her SS Card. Please help..

[Anh map 2,098]

You can't adjust status for your fiancee. You will be able to adjust status for your spouse. If she takes your name via marriage then that would be her legal name.

[milimelo 4,479]

Moving to AOS from family based visa.

[kzielu 1,149]

You can't adjust status for your fiancee. You will be able to adjust status for your spouse. If she takes your name via marriage then that would be her legal name.

So - if she changes her name and none of her documents reflects this at the time of filing (typically it doesn't when it is files right after marriage), should still "new" name be used on all of the forms ?

[Anh map 2,098]

So - if she changes her name and none of her documents reflects this at the time of filing (typically it doesn't when it is files right after marriage), should still "new" name be used on all of the forms ?

Marriage certificate shows the legal name change (in most jurisdictions). Use the legal name.

[KiwiBird 132]

I have to respectfully disagree with Anh Map. (Sorry!)

When we were getting a certified copy of our marriage certificate from the County Clerk's Office, I was listening to the clerk talk to a couple that was filing for marriage. She told her, "Put the married name that you'll use down here. Having it here will make changing it at banks or the DMV easier. It'll be listed on the certificate for you, but it won't be your legal name until you change it at the Social Security Administration. You can change your name at any time as long as you go down to their office and fill out an Application for a Social Security Card with your new married name. Until you do that, your legal name is still the name you have now."

[missicy 87]

If your wife wants to use your last name then put your last name on the AOS forms. Green card will be issued in the name she uses on the form. If she puts her maiden name on the form, Green card will be issued in her maiden name and will cost about $400 to get a new card with married name. Not worth it, when you can just apply in married name with no problems.

SSN is not even required for AOS.

[VanessaTony 3,567]

I have to respectfully disagree with Anh Map. (Sorry!)

When we were getting a certified copy of our marriage certificate from the County Clerk's Office, I was listening to the clerk talk to a couple that was filing for marriage. She told her, "Put the married name that you'll use down here. Having it here will make changing it at banks or the DMV easier. It'll be listed on the certificate for you, but it won't be your legal name until you change it at the Social Security Administration. You can change your name at any time as long as you go down to their office and fill out an Application for a Social Security Card with your new married name. Until you do that, your legal name is still the name you have now."

Lol sorry but I disagree with you... to a point. As soon as you marry you are ABLE, but don't have to, change your name. Until you change a document to reflect that change then you have no proof of your legal name unless you carry around your marriage cert. You effectively have two possible last names and like I said, unless you actually get a document to SAY what your new name is, then your maiden is the winner.

It's also important to note that what is normal for "citizens" and us "immigrants" is different. A citizen doesn't have to worry about a GC. Can go and change their SSN without hassle, can get their DL and state ID and all that changed easily because they're a citizen. An immigrants status documents dictate their name. If the OP doesn't write their married name on the AOS docs then they CANNOT change their SSN or get a DL in their married name until they pay to change their GC. For that reason you apply for your GC writing the married name on the forms.

The clerk was right that until you change your legal docs your legal name hasn't changed, but you were wrong for inferring that that meant that as immigrants we can't write the married name on the AOS docs because it's not our legal name until we change our SSN.

[KiwiBird 132]

The clerk was right that until you change your legal docs your legal name hasn't changed, but you were wrong for inferring that that meant that as immigrants we can't write the married name on the AOS docs because it's not our legal name until we change our SSN.

I don't believe I was saying "you can't write that". I was saying that it's technically not your legal name until the SSA has changed it.

The Clerk (and I agree) was saying that the marriage certificate proves there was a name change, but again, not the legal name until SSA changes it.

I'm not seeing where I say "Don't write the married name on the AOS!" I'm saying "Write whatever name you'd like... probably your married name so you don't have to replace it later, but I would immediately go to the SSA and have it changed legally so that by the time USCIS processes it, it will legally be your name."

There seems to be a difference between what I said and what you believe I said.

[VanessaTony 3,567]

I don't believe I was saying "you can't write that". I was saying that it's technically not your legal name until the SSA has changed it.

The Clerk (and I agree) was saying that the marriage certificate proves there was a name change, but again, not the legal name until SSA changes it.

I'm not seeing where I say "Don't write the married name on the AOS!" I'm saying "Write whatever name you'd like... probably your married name so you don't have to replace it later, but I would immediately go to the SSA and have it changed legally so that by the time USCIS processes it, it will legally be your name."

There seems to be a difference between what I said and what you believe I said.

Okay well going directly from what you just said then, you said that you agree that the name change via marriage isn't legal until the SSN is changed, that is wrong for immigrants specifically. For a US citizen they can't change their DL until they change their SSN so it makes sense that the SSN is the important document there.

For an immigrant the important docs are the status documents for us. Our passport, EAD, GC or whatever. Once we're an LPR we need to make sure our name matches our US docs. Some people have been fine with not having their passport matching their other docs or what not but it does get congfusing I think. Your SSN does at least need to match your EAD/GC for tax purposes (found that out :S). There is NO NEED to change your SSN until you feel like it, or when you're working (again for tax reasons).

Personally I didn't change mine till November 2010 but got my GC in July 2010 (in my married name). That's my point, for a US citizen it matters, for an immigrant it doesn't. The SSN is irrelevant to us until we're in possession of an EAD or are an LPR. The only ID I had in my married name was my EAD/GC. Then eventually I started looking for work so I got aroudn to changing my SSN. I changed my Aussie passport while I was visiting there in Sept 2010. Then April 2011 I finally got a DL... Like I said, for a US citizen the SSN might be the controlling document, for IMMIGRANTS its their status docs. Example, you get pulled over by police, what ID do you flash? Your SSN? No. Your EAD/GC? Yes. If your EAD says your name is X then it's X, they're not gunna check your SSN. You have a DL it'll match your SSN, so it COULD be in your maiden name still if like me you hadn't changed it, but your GC/proof of status is more important so to them whatever THAT says is your legal name.

[kzielu 1,149]

So just to clarify - let's assume USC is a female, petitioning for a male spouse. Once they get married and she changes her last name, which one should be used by USC on I-485 and other paperwork ?

[KayDeeCee 4,893]

So just to clarify - let's assume USC is a female, petitioning for a male spouse. Once they get married and she changes her last name, which one should be used by USC on I-485 and other paperwork ?

If she legally changed her last name to her husband's, then she should put her new married name on everything from now on, including the AOS forms.

[Maleman 5]

Wow, a little technically confusing. Whatever name you have chosen to apply on your certified marriage license, should be the name that you submit on the AOS form. The SSA office uses the name you submitted on your certified marriage license. In our state the marriage license dictates the official legal new name. If USC is a female, then whatever name they chose on the certified marriage license will then be the name used going forward. There are places on the forms to reflect and denote a prior alias name. Example maiden name.

[Harpa Timsah 13,258]

This is an issue of state v. federal government. The SSA does not govern everything that you do, and is not the first body to recognize a name change. In fact, the SSA has to clear anything with "immigration" first. The USCIS accepts a marriage cert as a legal name change document. It doesn't matter what your SS card says at that point. Furthermore, each state has different laws regarding name change. Some states change your name with your marriage cert if you choose to, and the instant you are pronounced man and wife the name is changed. Others make no such distinction but make it possible for you to change your name if you choose by showing the marriage cert to whatever body you need an ID from.

Bottom line, if your wife intends to use a married name now, she should fill out the paperwork in married name. The USCIS will accept the marriage cert as a legal name change document as a federal body, and hey, you send that n with your package anyway. Fancy!

Edited July 28, 2011 by Harpa Timsah