Husband taking wife's name after marriage

[KamLondon 13]

Ok, so I moved to the US in September 2012 and married my wife on a K-1 visa. We decided that I would take her name as that is what we preferred. As with most people that get married and then take their partners name, I filled out all of my paperwork (AOS, EAD, AP applications) in my new married name and provided a certified copy of my marriage certificate to have my name changed. This wasn't an issue when I received my SSN in my new name or when USCIS issued me my EAD in my new married name.

I've been waiting for an update on my adjustment of status case and yesterday I received a letter asking me to 'furnish proof of my legal name change through a request to the county court where I was married'. The marriage certificate should have been sufficient for this for two reasons:

1. This is how a name change is carried out. You take a form of ID and the marriage certificate to where you need your name changing and they change your name.

2. USCIS have already issued me an EAD in my new name so they obviously accept the marriage certificate as proof of legal name change.

I have responded with an explanation of why I took my wife's name, along with another copy of my marriage certificate, as well as a copy of my SSN and EAD to evidence that it is a valid way to obtain a document in a different name.

Has anyone else gone through the process of the husband taking on the wife's last name, and if so, have you experienced anything similar?

[Andrea&Henry 311]

This is the first time I ever heard of a husband taking his wife name, usually is all the way around. But this is also the 1st time I read a k1 adjusting "needs to give further explanation" usually the only way is just filling the whole AoS with your married name

[Andrea&Henry 311]

Maybe because is very uncommon the USCIS doesnt know how to handle it. But there's not such a thing like court etc etc...

[KayDeeCee 4,896]

Ok, so I moved to the US in September 2012 and married my wife on a K-1 visa. We decided that I would take her name as that is what we preferred. As with most people that get married and then take their partners name, I filled out all of my paperwork (AOS, EAD, AP applications) in my new married name and provided a certified copy of my marriage certificate to have my name changed. This wasn't an issue when I received my SSN in my new name or when USCIS issued me my EAD in my new married name.

I've been waiting for an update on my adjustment of status case and yesterday I received a letter asking me to 'furnish proof of my legal name change through a request to the county court where I was married'. The marriage certificate should have been sufficient for this for two reasons:

1. This is how a name change is carried out. You take a form of ID and the marriage certificate to where you need your name changing and they change your name.

2. USCIS have already issued me an EAD in my new name so they obviously accept the marriage certificate as proof of legal name change.

I have responded with an explanation of why I took my wife's name, along with another copy of my marriage certificate, as well as a copy of my SSN and EAD to evidence that it is a valid way to obtain a document in a different name.

Has anyone else gone through the process of the husband taking on the wife's last name, and if so, have you experienced anything similar?

I am assuming they want you to provide proof that the husband changing his last name to the wife's is legal in your state without needing a court order. Not all sates allow for the husband to take the wife's name using the marriage certificate alone.

[Harpa Timsah 13,258]

You need to check with the laws of your state, but I don't think a husband can take a wife's name without a court order. If you can do it without a court order, then show the proof. Men and women are not treated equal in this, so your proof must be more than "women can do it."

[LongRX7 6]

This is the first time I ever heard of a husband taking his wife name, usually is all the way around. But this is also the 1st time I read a k1 adjusting "needs to give further explanation" usually the only way is just filling the whole AoS with your married name

Lol, there was a new employee in another organization with an American first name and Vietnamese last name. It's common to adopt an American/English first name, so I thought nothing of it. Kept wondering who this new Viet employee was. Month's later, I find out it is a white guy with the Viet last name. Thought he might have been adopted, but that is a little uncommon too, usually the adoption is the other way around, American adopting Viet. Well, I talked to him, and he said him and the wifey flipped a coin to see who would change last name. Lol, he lost

Edited July 10, 2013 by LongRX7

[Andrea&Henry 311]

Lol, there was a new employee in another organization with an American first name and Vietnamese last name. It's common to adopt an American/English first name, so I thought nothing of it. Kept wondering who this new Viet employee was. Month's later, I find out it is a white guy with the Viet last name. Thought he might have been adopted, but that is a little uncommon too, usually the adoption is the other way around, American adopting Viet. Well, I talked to him, and he said him and the wifey flipped a coin to see who would change last name. Lol, he lost

hahaha I laugh so hard!! Its not common at all but I think its pretty cool! But I agree with the other vj member that maybe in some states the husband needs a court order to change, which I find ridiculous. We're living in the 21th century where women and men should ve treat equally but I dont make the law, so I wish you luck with this. Go ASAP to your nearest courthouse and ask for help, remember thT you have a period of time to send what they ask u

[VanessaTony 3,567]

So you have already replied? If your response is not sufficient, then your AOS will be denied, just FYI. They do not RFE for the same issue.

Did you check the rules in your state to see whether they permit a male to change their last name through marriage or whether a name change court order is needed?

You are not the first male I have heard of to do this, it depends on the rules in your state. In Iowa for instance, it would be fine because ours has a "name before" and "name after" marriage section on the license (which is then turned into the actual certificate after it was signed etc).