When to change last name?

[Caryh 5,206]

I do understand what you're saying. DMV have different rules depending on the state, getting an ID isn't the same as changing last name after marriage. The topic is "when to change last name". The marriage license isn't a "binding contract", the marriage certificate is. My state uses marriage certificate, take to SSA, change last name to husband's last name. They're not required to accept any other country's way of doing the name-after-marriage-thing unless you want to go through a different procedure. And moving the last name to be a middle name is a different procedure than just taking spouse's last name after marriage, indeed. SSA go by the same rules, it's the employees that are misinformed. That, and less than 14 days left on i-94 requires waiting until getting the EAD/greencard to change it. Besides, SSA has no say in changing a last name to middle name, and as far as I know, you'll have to go through own country until becoming an LPR to change the legal name except for going from maiden to married name - US style.

Actually the SSA has no problem changing every part of the name after marriage. Its not the name that matters, its the number. The Minnesota marriage certificate, and divorce decree both allow you to change every part of your name without going to court. The point is changing your name comes down to state law and state control. You need to find your own state's laws and rules in order to know the process and what is acceptable in your state. This is not legislated by federal law, like many things all control is left with the state.

My wife is Filipino, and she can only change her name after marriage in certain ways and have it recognized in her country. What we call the middle name is where the paternal last name moves after marriage. At birth what we call the middle name, is the mother's maiden name. If her name had changed been changed at just the last name, keeping her mother's maiden name as her middle name, she never would have been allowed to get her Philippines passport changed to that name. So here's another issue for immigrants, they need to be aware of the laws in their own country as what is acceptable name changes after marriage.

Some states are very clear and make it easy, clear and flexible like mine. Some have very vague laws, "show your marriage certificate and change your ID", that leave control to bureaucrats who impose their own opinions like its law. As in you can only change the last name of the wife to the husband's last name after marriage. I've never looked into all the laws, but I would bet there is not a single state that has actually made that the law. Its a bureaucrat that has decided that's how its supposed to be. In order to prevent problems with bureaucrats imposing their opinion as law, people need to inform themselves what their local laws and regulations truly are and bring a copy of those rules if necessary.

Given the trouble with vague laws in many states, the easiest way for many to get that first ID in the married name is to get their EAD or green card in that name. But that does not mean the Federal government controls name changes. Its just one avenue to get an ID in the married name.

[Caryh 5,206]

Thanks again all! Quick newby question.

What if our marriage certificate on the line for her full name, her last name is her maiden name still? I think that's normal right? She's not suppose to have my last name yet till after the marriage? So as long as the USCIS sees my last name on the certificate its OK?

I was a bit confused at that state dept but I remember asking about her changing her name and they said I have to do it later, without elaborating that the marriage certificate should be changed or shouldn't.

Many states just show the maiden name on the marriage certificate. If you live in Illinois, your local office says Chicago so I'm assuming Illinois, they expect you to first change your name with SSA, then use the SS card and marriage certificate to change your name with the DMV.

[Moomin 292]

My point is the step in between wanting to change first name, and going to SSA to actually do it. It is state dependant how to go about that however you'll need to provide proof of that legal name change to SSA, whether it's through a court order or whichever state laws are effective. K1s are technically non-immigrants and without being LPR, the court in some states don't have the juristriction to change anything and you'll have to change it in home country.

So while it might be state dependant on how you get the legal name change, SSA still requires proof of that name change, no matter the state.

I'm sorry, I had to keep it brief as I'm on my way to work.