Confused they won't change name on ssc cause visa expired

[BobnCherry 10]

Hi group,

We got married a month ago well with in our 90 days and already filed for and got her ssn so we go today to change the name and they said we can't do anything because her visa was expired did I screw up here? do I have to tell uscis of our marriage before filing for aos?

TIA

B&C

[MikelanNida 28]

perhaps it was the I-94 not the visa that was the problem. They wont issue a ss card 2 weeks before the I-94 is to expire, you may have to wait till you get the green card now.You dont have to notify USCIS about the marriage, just send a copy of the marriage certificate with the AOS papers.

Edited December 23, 2011 by MikelanNida

[Moomin 292]

If it's only the name change on the SSN and the i-94 is expired then you probably have to wait until receiving the EAD. I'm guessing it's to do with not changing the name before the i-94 expired, that's proof of your wife's legal status in the US, and the SSA checks the immigration status. They are looking for a document that authorizes her stay in the US. When the i-94 expired then your wife's overstay began. Don't worry too much though, just file the AOS in her married name, and once you have the EAD/work permit then take it to the SSA. That's proof of her legal status.

[BobnCherry 10]

If it's only the name change on the SSN and the i-94 is expired then you probably have to wait until receiving the EAD. I'm guessing it's to do with not changing the name before the i-94 expired, that's proof of your wife's legal status in the US, and the SSA checks the immigration status. They are looking for a document that authorizes her stay in the US. When the i-94 expired then your wife's overstay began. Don't worry too much though, just file the AOS in her married name, and once you have the EAD/work permit then take it to the SSA. That's proof of her legal status.

Ok I was thinking we had to have her name changed on the card for AOS which we are ready to file for.

Thanks for the time and advice.

B&C

[Moomin 292]

I have only seen a few who had issues at their biometrics appointment and/or greencard with married name.

I'll provide the link just in case you want to know more; http://www.visajourney.com/forums/topic/341922-name-change-problem/page__view__findpost__p__5046109

Just make sure that all papers for AOS is in the married name, signature too.