EAD w/ Maiden Name, SSN w/ Married name

[Em Z 3]

Hey all!

Received my EAD today, and it was in my maiden name, as expected.

I headed on over to the SSA office, and on the application, I put my married name to appear on the SS card, and gave the documents I had.

It was approved.

Now my question is... all of my immigration documents will have my maiden name.. will this be an issue? I have my interview in about 2 weeks, would this be something that I would possibly ask my IO?

Would I be able to switch my immigration documents to have my new last name? Will I have to pay that forsaken fee AND do biometrics again?

Thanks!

[CC90 90]

Ask the IO if he'll let you change the names on the forms before he approves them. I don't think this will be a big deal. You may also want to try calling.

Otherwise, you'll probably have to file an I-90 and pay the $450 to replace the card with the new name

[Em Z 3]

Ask the IO if he'll let you change the names on the forms before he approves them. I don't think this will be a big deal. You may also want to try calling.

Otherwise, you'll probably have to file an I-90 and pay the $450 to replace the card with the new name

Yes, that is what I was thinking... If I could just ask and see if they say yes. Hopefully.. Cuz to do the whole biometrics and "application" thing again just for a name change would be such a hassle!

Thanks for your reply!

[VanessaTony 3,567]

Yes it will be an issue that your SSN and EAD don't match. You can't get a job without those two matching.

Hopefully your IO will change it, sometimes they will sometimes they won't. Be prepared to pay the fee if required.

[Em Z 3]

Yes it will be an issue that your SSN and EAD don't match. You can't get a job without those two matching.

Hopefully your IO will change it, sometimes they will sometimes they won't. Be prepared to pay the fee if required.

Hm..

I already do have a job, and my employer was just waiting for the documentation to arrive so it could be submitted. Does that matter?

I don't mind paying the fee, I would just prefer not to... Especially with the hassle of possibly needing to do biometrics, and all the other hassle that comes with applications.

But like you said, I guess it depends on the IO.

Maybe if anything, I could just have a new SS card reissued with my maiden name? So that all matches? In case we decide not to pay the fee at the current time, or something of that nature.

Another question though... In terms of applying for a license at the present time... Do I just bring my marriage license to show the reason for the difference in names?

Goodness... maybe I should've just requested one with my maiden name.. I wasn't even sure they'd accept my SSN application with my new last name since the immigration documents have my maiden name!

[VanessaTony 3,567]

Hm..

I already do have a job, and my employer was just waiting for the documentation to arrive so it could be submitted. Does that matter?

I don't mind paying the fee, I would just prefer not to... Especially with the hassle of possibly needing to do biometrics, and all the other hassle that comes with applications.

But like you said, I guess it depends on the IO.

Maybe if anything, I could just have a new SS card reissued with my maiden name? So that all matches? In case we decide not to pay the fee at the current time, or something of that nature.

Another question though... In terms of applying for a license at the present time... Do I just bring my marriage license to show the reason for the difference in names?

Goodness... maybe I should've just requested one with my maiden name.. I wasn't even sure they'd accept my SSN application with my new last name since the immigration documents have my maiden name!

You can certainly check whether you can be employed with non-matching documents but they run the I-9 in the same name as your EAD.. I would put the SSN in my maiden name and change it if and when the time comes.

[Em Z 3]

You can certainly check whether you can be employed with non-matching documents but they run the I-9 in the same name as your EAD.. I would put the SSN in my maiden name and change it if and when the time comes.

My interview is in about 2 weeks. I'll ask them then and see if my future documents can just have my new last name and see what they say. If not, I guess my options are pay the fee or just keep my maiden name and go to the SSA office and change the SS card.

We shall see.

Thanks for all of the insight!

I'll post here how it actually turns out!

[CC90 90]

You can certainly check whether you can be employed with non-matching documents but they run the I-9 in the same name as your EAD.. I would put the SSN in my maiden name and change it if and when the time comes.

Unless the employer is using e-verify, the I-9 is not "run" anywhere. It's just kept for auditing purposes.

[VanessaTony 3,567]

Unless the employer is using e-verify, the I-9 is not "run" anywhere. It's just kept for auditing purposes.

My employer did indeed "run it". E-verify or whatever, I needed to fill the form in my LEGAL name. The OP is an immigrant so their legal name is controlled by their immigration documents, and in this case their EAD. As their EAD doesn't match the SSN this could be a problem.

[CC90 90]

My employer did indeed "run it". E-verify or whatever, I needed to fill the form in my LEGAL name. The OP is an immigrant so their legal name is controlled by their immigration documents, and in this case their EAD. As their EAD doesn't match the SSN this could be a problem.

E-verify is currently the only way to "run" an I-9. Otherwise, it's just kept. Many employers don't use E-verify, although the number is increasing.

If an immigrant changes their name in probate court (voluntary/marriage/etc), from that point forward the court designated name becomes their legal name. The documents subsequently issued can be used to change the displayed name on such an individual's immigrant documents. Thus, the immigration documents don't "control" legal names, they simply reflect them. If we want to use the word "control"--the courts are, in fact, the controlling entity.

If a court changed a name, immigrant or not, the court-designated name that point forward is in fact the immigrant's new legal name. Contacting USCIS to request a change to the displayed name on record is another step of an administrative, as this thread is discussing. The only reason that USCIS recognizes court documents in name changes is because the name change is legal once the court declares it so. USCIS cannot refuse to change a name in such a case and therefore cannot "control" legal names. The name change is effective once the court declares it so, not when new immigration documents are issued.

But, yes, SSA/EAD name mismatch can indeed be a problem, but it depends on the employer.

Edited August 20, 2011 by CC90

[VanessaTony 3,567]

You're being awfully pedantic. The majority of people on here are lay-men so being as specific as you are is simply pointless.

The SIMPLE truth of the matter is this: Marriage affords a change of name, but only by ACTING on said change of name is your name actually changed. Depending on your state the marriage certificate can require you to state your new married name (Iowa is one of those), some don't require it and you simply are listed under maiden on the certificate. Until you actually start changing around your "legal" documents your legal name hasn't changed. It CAN but it hasn't because you have no proof of it. Unlike a USC an immigrant doesn't change their SSN and all is right with the world. An immigrants legal name (in the US) is reflected on their immigration documents and therefore "controls" it. Whatever their name is on their legal status documents, THAT is the legal name. It seems a bit confusing but as a K1 my legal name was STILL my maiden name until I received my EAD. I was signing my married name on my bank account (that was easy to change) but on any legal document I had to write my maiden name as the only proof of my legal name was my passport and marriage certificate... but several places needed proof of status (applying for work etc) so they went by my EAD and SSN.

In the OP's case their legal name is what the EAD says, until they change it. They can try and get documents in their SSN name (which is entirely possible) but without it matching the EAD it's pretty pointless. There are many stories about what happens if you have mismatching documents. I wish I could remember specifics but there was one in particular where a girl had changed her name on her SSN, including her first name. Had received a drivers licence in the new name and applied to change her passport (I *think* passport as well...). Come USCIS interview time they declined her name change because it wasn't legal. She was then faced with having to either go to court to legally change her first name, or undo everything. The problem being USCIS wouldn't change the name to her "chosen" name on the paperwork so she would have to either wait for ROC to change it, or pay the fee. Just a huge mess. Not EXACTLY the OP's situation but basically illustrates how messy the immigration process/name change process can get sometimes.

SO to answer the OP's question again ---

YES, not matching documents CAN be an issue.

And HOPEFULLY USCIS will change it for you otherwise you can wait for ROC or pay the I-90 fee.

[CC90 90]

You're being awfully pedantic. The majority of people on here are lay-men so being as specific as you are is simply pointless.

The SIMPLE truth of the matter is this: Marriage affords a change of name, but only by ACTING on said change of name is your name actually changed. Depending on your state the marriage certificate can require you to state your new married name (Iowa is one of those), some don't require it and you simply are listed under maiden on the certificate. Until you actually start changing around your "legal" documents your legal name hasn't changed. It CAN but it hasn't because you have no proof of it. Unlike a USC an immigrant doesn't change their SSN and all is right with the world. An immigrants legal name (in the US) is reflected on their immigration documents and therefore "controls" it. Whatever their name is on their legal status documents, THAT is the legal name. It seems a bit confusing but as a K1 my legal name was STILL my maiden name until I received my EAD. I was signing my married name on my bank account (that was easy to change) but on any legal document I had to write my maiden name as the only proof of my legal name was my passport and marriage certificate... but several places needed proof of status (applying for work etc) so they went by my EAD and SSN.

Let me know when you've been to law school in the US; what you're saying is incorrect.

[VanessaTony 3,567]

Let me know when you've been to law school in the US; what you're saying is incorrect.

Disclosing yourself as a lawyer on here holds certain restrictions so even if I were (which I'm not admitting I am) I would not admit it on here.

In any event I am correct. When you grow a ####### and deal with this every day, let ME know.

Edited August 21, 2011 by Vanessa&Tony

[CC90 90]

Disclosing yourself as a lawyer on here holds certain restrictions so even if I were (which I'm not admitting I am) I would not admit it on here.

In any event I am correct. When you grow a ####### and deal with this every day, let ME know.

I never said I was a lawyer.

I do deal with it every day.

It's ok not to know, but it surprises me when people pull insane insults as an argument to assert themselves as right.

Edited August 21, 2011 by CC90

[Em Z 3]

I went to the DMV with both documents; the SSC with my married name and the EAD with my maiden name. My new state ID reflects what my EAD says: my maiden name.

The gentleman that helped me out was really helpful. He says the SSC is secondary. Anyone can walk around with a SSC and state they are that person.

He said that what really mattered was the EAD. I am to go by THAT name because that is what this country knows me as. He said I can request them to change it to my new name and once they do so, then I can get other documents in my married name (license etc).

He said it didn't matter there that my name was different on those two documents because when he ran it on the system, it matched.