SSN, legal name change after I-94 expires

[gbrairam 0]

Like many issues surrounding all the marriage-based immigration procedures and adjustment of status, I think I've managed to get myself very confused, so let me ask some questions that may seem very simple to everyone else.

Please comment if you know the answers.

1.) Will Social Security allow me to change my name if my I-94 card is already expired if I show our marriage certificate?

*I came on a K-1 visa. We got married on the 90th day, so the I-94 already expired but I satisfied the 90 day requirement to get married.

2.) Do I need to change my name with Social Security to be able to use my married name on my AOS application?

*A friend who works as a paralegal at an immigration office suggested I start using my married name even if I haven't changed my name with Social Security, to help prove the 'legitimacy' of our marriage. Anyone with previous experience in this?

3.) Is it true that in some states, a 'legal' change of name is not done by Social Security but through the local court or a local government office?

Will appreciate any informed comments.

Gina

Washington, D.C.

[I'm Gone 60]

1.) Will Social Security allow me to change my name if my I-94 card is already expired if I show our marriage certificate?

*I came on a K-1 visa. We got married on the 90th day, so the I-94 already expired but I satisfied the 90 day requirement to get married.

If your marriage certificate has your age or date of birth you should be able to change the name on your SSN record. However, you can't be issued a card until you have an EAD card or I-551 stamp or card.

http://policy.ssa.gov/poms.nsf/lnx/0100203510

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

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.

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. (suppress issuance of the card, and see RM 00202.320 for providing SSN Verification Printouts.)

2.) Do I need to change my name with Social Security to be able to use my married name on my AOS application?

*A friend who works as a paralegal at an immigration office suggested I start using my married name even if I haven't changed my name with Social Security, to help prove the 'legitimacy' of our marriage. Anyone with previous experience in this?

No You don't even need an SSN to file your AOS. The name change for the AOS will be based on your marriage and marriage certificate.

3.) Is it true that in some states, a 'legal' change of name is not done by Social Security but through the local court or a local government office?

The marriage is the basis for legally changing your maiden name to your spouse's last name and SSA basis changing the SSN record on that.

Edited September 19, 2006 by mdyoung

[KiminON 0]

If your marriage certificate has your age or date of birth you should be able to change the name on your SSN record. However, you can't be issued a card until you have an EAD card or I-551 stamp or card.

http://policy.ssa.gov/poms.nsf/lnx/0100203510

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

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.

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. (suppress issuance of the card, and see RM 00202.320 for providing SSN Verification Printouts.)

3.) Is it true that in some states, a 'legal' change of name is not done by Social Security but through the local court or a local government office?

The marriage is the basis for legally changing your maiden name to your spouse's last name and SSA basis changing the SSN record on that.

mdyoung, does this mean it's a bit of a waste of time for me to go to the SSA about having my name changed on my SSN (received card in 1 week flat!) now, before I have my EAD?

thanks

k

[I'm Gone 60]

mdyoung, does this mean it's a bit of a waste of time for me to go to the SSA about having my name changed on my SSN (received card in 1 week flat!) now, before I have my EAD?

If you arrived on 08/22/2006 as a K-1 and your marriage certificate has your age or date of birth, you certainly aren't wasting your time.

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.

You can find detailed information regarding changing SSN record (Numident) data on the SSA Website at:

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

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If they can verify you through SAVE with your maiden this may stop them from sending the G-845:

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: Procedure tells the SSA office to tell you to report the

name change to DHS, not that the application can't be processed.

One additional thing. Don't give your old card until you get the new one no matter what BS story they give you. Say the dog ate it. LOL

Edited September 19, 2006 by mdyoung