name change on green card application and OPT

[MCG 0]

Hi, I have sent out aid package a month ago have noa and done with my biometrics. I used aid as means to change my legal to married name. But currently I am on opt and it requires I report my legal name change within 10 days. But my school is unable to change it in their records because I have no photo is with new name or passport. They can only change it when new name is reflected in passport. Now I am worried and confused what to do about it. Has anybody been in the similar situation?

[Harpa Timsah 13,258]

Show them your marriage certificate.

[MCG 0]

Marriage certificate is not enough for them to officially change the name on I20. The immigration office in my univ said that names on passport and I 20 need to match. So until I change name on passport they will not be able to change in the system.

[Harpa Timsah 13,258]

So don't change the name. It is impossible to get a new passport in 10 days, so that is just stupid. You can just go by two names for a while.

What exactly are you concerned about? You made a good effort to change the name per their rules, and you filed AOS now (I assume that's what you mean when you said "aid") so your F-1 status doesn't matter anymore anyway.

Edited June 28, 2013 by Harpa Timsah

[MCG 0]

Haha I am sorry that was auto correct on my phone. I am currently working on EAD card that obtained based on OPT. To remain in the status for OPT I need follow rules one of them being reporting legal name change. My concern is, USCIS has my changed legal name on AOS application so if I don't report my legal name change through OPT reporting I will be ineligible to use EAD received through OPT to keep working at my current job because I will falls out of status regarding OPT employment authorization. So I am not sure how to solve this problem.

[Harpa Timsah 13,258]

Your I-485 puts you in a new period of authorized stay. For the name issue and your EAD, the thing is that there is no central name database or anything. You have to right to use either name, or, in reality, both names. The rules at your school (or whoever is enforcing them) make no sense, so personally, I think you've done what you can do. The rule is that you must report a name change within 10 days, but it is IMPOSSIBLE to get a new passport OR a new US DL in 10 days - absolutely impossible. So just avail yourself to both names for a while.

[Morningmist 76]

Wouldn't it depend on what country you are from as to how long it takes to get your passport changed or renewed? It's not impossible to get a passport in 10 days. Some countries process it faster than others? I've seen people get their new passport within the same day. I know I got mine in 4 days. Sent application on Monday afternoon new passport in hand on Thursday afternoon of the same week. That was the Indian Embassy and after I paid for overnight shipping both ways. My husband got his renewed US passport the next day. Some of course from India had to wait 3 months. F1 visa guidelines are pretty strict. I would think you will have to update your passport eventually anyway. Talk to your country embassy and let them know what situation you are in. I guess it doesn't matter if you are AOSing via marriage whether you maintain your status or not via F1. Maybe use the EAD via AOS for whatever job you are doing if you are scared of losing your job for not having the right legal work permit.

AOS puts her in authorized stay but until she gets her EAD via AOS she wont be able to work in her current job using the EAD she had via OPT if her school makes an issue about it. I know F1 visa rules have changed to make it stricter but I don't know how much they enforce it or what the rules are regarding EAD and OPT. When I got my EAD visa OPT it wasn't really all that strict but my brother who came 3 years later, it got a lot stricter.

This whole quagmire of changing names is the reason why I didn't change mine after marriage immediately.

[Harpa Timsah 13,258]

I still think she can use both names for a bit.

[MCG 0]

Harpa,

So you think I can have two names for a while officially? Do you know if there any documentation on USCIS website or something like that, so I can refer to it for peace of my mind :/

After doing some research, talking to school and your suggestions here what I have decided is this.... I am giong to send out a email to my school with my new name, marriage license and certificate and point out that I do not have any Photo ID on my new name but this what I am doing to my best legally.

I am not sure how the passport would work out, with changing name and everything because my marriage license is still on my maiden name and I have no photo id for new name whatsoever. Besides, I would have apply for new EAD to USCIS through OPT which would take 3 months to come again! So the process is complicated and makes no sense to me right now. I mean I would have EAD from AOS sooner than that.

I don't know. If anybody has suggestions on this I am very open recipient to them on this topics.

[Harpa Timsah 13,258]

USCIS is not the boss of names, btw.

When you get married, you have a choice to change your name or not. In many states, if you decide to change it, there is no record of your "choice," you just exercise that choice by starting to get IDs in your married name or otherwise documenting it. Obviously there is some time between where you have different IDs. My mother just went through a thing where she had some ID (I can't remember which, something she hadn't used) with her maiden name on it, and this is after 30 years of marriage. She is still that person on the ID.

So your passport has maiden name, GC is coming in married name. If you were to travel, for instance, you can still book tickets in your maiden name, and should, because that is the name on your passport. Many people live like this for a while because changing a passport is a hassle. And it's okay.

So it seems to me that the issue is about your passport name, and according to your passport you have not changed your name.

If you want to look up name changing regulations, you'd have to look at your state laws.

They have made a rule that I think is hard to comply with. You could try to get a state ID today (not a Driving License, just an ID) but to make it and send it to you would take more than 10 days.

This whole thing seems really dumb. Sorry you are having to go through it. Best of luck.