I-751 ROC coming up- unusual topic

[paddyblucky 0]

Hi Vj,

I have a question that I would like some feedback on and what your thoughts might be.

I entered in to the US via The K-1 process. We were married in NY at City hall in a civil ceramony. At the time my wife(USC) opted not to take my last name. We recently enquired about having our names changed on our marriage cert so she takes my last name. We were told there are only two ways you can get this changed

1) Get a lawyer and go through the process through the courts . or:

2) go back to NY city hall and have it changed there, although this requires having to get re-married.

My wife is hell bent on having this done,(getting re-married) but I feel this is going to through up a big red flag when I submit 2xmarriage certs with our different names on it during my I-751 ROC process......

What are your thoughts on this,stick with things the way they are or ......satisfy my wifes intention of getting re-married as this is the easiest and least money out of pocket scenario??

Thanks

Paddy

[Harpa Timsah 13,258]

In NY you can marry the same person over and over if you want, so there is no red flag there. I don;t think you would need to show USCIS the new cert. USCIS accepts any marriage cert as proof of valid name change, if the person so chooses.

Are you sure that she can't just "change her name?" We don't have a national name database. She can go to the SSA and change her name on the SSN and then start getting other IDs in her new name. Getting remarried is just going to give her a marriage cert. I believe that some states put this "name after marriage" on their certs just so people were less confused. I believe she can just start using that name now. There may be a statue of limitations - have to check.

Who exactly did you ask?

[Darnell 8,478]

i'm not convinced a lawyer is needed to change one's name with the court.

Sure, must to file with the court, and stand up before a judge - but - to engage with a lawyer for anything about it? IMO, is useless.

[SunDrop 59]

Our az license and cert shows my maiden name, i even signed it in that name. As long as the name she is taking is your name on the cert, surely that is enough? I didn't have any problem using my marriage cert to prove name change at the bank, dmv or immigration. Try taking it to your bank first and see if they accept it, then tackle dmv and ssa.

[SunDrop 59]

I should add, since my maiden name was actually my first married name and i already had a ssn with my actual maiden name, all the ssa wanted to see was that my marriage cert name to my usc had been legally changed. So i took both marriage certs and my divorce decree from my first marriage and they just bypassed my first married name on their records.

[SunDrop 59]

I should add, since my maiden name was actually my first married name and i already had a ssn with my actual maiden name, all the ssa wanted to see was that my marriage cert name to my usc had been legally changed. So i took both marriage certs and my divorce decree from my first marriage and they just bypassed my first married name on their records.

[bigdog 376]

On your application list the name as you want it on your card, list AKA's. When the new GC is received in the proper name, change your social, then the DL or State Id, then to your bank.

[Villanelle 4,122]

Well according to your timeline you were married in June 2011. Youre saying your wife is the USC.

Do you know why she is all of a sudden hell bent on getting a new marriage certificate?

There really is no need for one.

If she wants to start using your last name, she can just start using it.

All she has to do is take the marriage certificate down to SS and get a new card with your last name printed on it. It doesnt matter that its now 2013 and the certificate was from 2011. There is no time frame of when you must change your name after a marriage. (I actually waited 5 years before changing my name in a previous marriage and it was a non issue) However once you change it- you cant go back with out a court order or divorce.

Once you have a new SS card, you can go down to the DMV with the SS card and marriage certificate and get a new DL. Now you have 2 forms of ID and should be able to change banking info, insurance info, membership info, passports etc.