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Filed: K-1 Visa Country: Philippines
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Posted

If this was covered before I apologize and appreciate a redirect. I read some recent issues about name changes but they don't really cover all my concerns, so here it goes.

My wife and her son arrived here on a K1 visa on Feb 24th (we were not married yet of course). We immediately got them SSN card with their original names.

We were married April 11th !! Congrats to us!!

I am now finalizing the paperwork for the I-485 and other forms. I am filling out my wife's form with my last name...I don't think this is an issue.

My question is about her son. He carries my wife's maiden name. He does not have a father listed on his birth certificate. Can I fill out his paperwork similar to moms and use my last name and list any previous names on the forms when requested? Is there any formal process I have to go through with the son or because I am filing with mom it should be OK?

I plan to adopt him but would like to do the name change without waiting for that process.

We plan to go to SSN and do the name change there as well.

Posted

We had the same situation with my stepdaughter. You will need to use his birth name (his mothers maiden name) throughout the process, including SS Card until you legally adopt him, or get some other court order changing his name. We had no problems doing this for AOS or ROC.

I would suggest you get your wife's SS Card changed to her married name before you send in the AOS. Your stepson's SS Card will keep his same birth name.

 
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