Too late to change my name?

[Lights 56]

My husband and I got married a few weeks ago. We thought that I'd keep my name, for now, since we were processing so much paperwork. Now we're starting to think that we should've just changed my name when we got married... And that it wouldn't have been as troublesome as we thought with the DMV and SS office. Did we just mess up and will it be harder in the future to change my maiden name to my married name?

[funkymunky 11]

Check your state regulations and if applicable form a court order for legal change of name. I filed my ss like 7 months ago at an overseas US consulate and they still put my maiden name - even though I had changed it when we were married (think my pp(in my maiden name) is to blame bcos it is still valid another 8 years I didn't want to pay again for it). Once you get your court order, just take it to the DMV and SS.

[Lainie B 465]

My husband and I got married a few weeks ago. We thought that I'd keep my name, for now, since we were processing so much paperwork. Now we're starting to think that we should've just changed my name when we got married... And that it wouldn't have been as troublesome as we thought with the DMV and SS office. Did we just mess up and will it be harder in the future to change my maiden name to my married name?

Have you submitted your AOS paperwork yet? If you haven't done so yet, then it is as simple as filling in the paperwork with your new name. If you are taking your husband's name, then changing your name is done simply by using your new name. You use the marriage certificate as the legal proof of name change. You do not need a court order.

[funkymunky 11]

I assumed she hadn't changed her name on the marriage cert and is why she was having probs, hence why I suggested would a court order to change it.

OP if you are listed on your marriage cert by your married name, then I agree with Lainie B. That is all you need.

[KayDeeCee 4,896]

I assumed she hadn't changed her name on the marriage cert and is why she was having probs, hence why I suggested would a court order to change it.

OP if you are listed on your marriage cert by your married name, then I agree with Lainie B. That is all you need.

Many states do not put any other names on the marriage certificate other than the names they had when they married. The marriage certificate is still used as a legal name change document, even in a state where you do not specify what name you will use on the marriage certificate. That is all you need, no matter. No court order needed for a name change through marriage.

[funkymunky 11]

Not everyone changes their last name when they get married, if she didn't elect to change her name on the certificate then it may not count as a legal name change. Obviously depending on the state you live in.

This is from NYC marriage bureau website

Decision to change name when getting married

Your surname does not change automatically upon marriage unless you elect to change it.

Nothing in the law requires you to change your name when getting married; it is your personal choice.

You are not required to have the same surname as your spouse

http://www.cityclerk.nyc.gov/html/marriage/name_change.shtml

[KayDeeCee 4,896]

When did anyone say you must change your name when you marry? Of course no one has to change their name when they marry. That was not the topic, and no one stated such.

Yes, NY lists the name you want to use after marriage on the marriage certificate, but that is NY and not all states. I was pointing out that even if the name you want to use after marriage does not appear on the marriage certificate, it can still act as the legal name change document because many states do not have you list the name you intend to use after marriage. I live in one of those states. You can use it to change your name on your SSN, bank accounts, IDs, passport, etc, and the USCIS will accept it as a legal name change document when filing for AOS. If you don't want to change your name, then you just don't.

The OP will need to follow their own state's laws for the marriage certificate and name change.

[funkymunky 11]

I was going to copy and paste the rest then I just put the link to it but should have deleted the unrelated part. I got married in Cali and even there you had to state the name you wanted to use. They don't say thay if you don't change it then you can't use the doc as a proof of name change however it says even though it is considered proof, sometimes gov agencies will still ask for a court order so obviously it does cause difficulties for some people if you don't elect to then.

OP said it was troublesome to change her name, if she has already attempted using the marriage certificate and is having problems then she should maybe consider it an option. It would be a lot easier for her to deal with both dmv and ss.

Of cos we don't know more details about OP case.

KayDeeCee, I 100% agree with you that she will have to follow her state laws regarding the marriage certificate and name change. I didn't mean to come off argumentative, just thought you hadn't considered it to be a valid option.

[Lights 56]

Have you submitted your AOS paperwork yet? If you haven't done so yet, then it is as simple as filling in the paperwork with your new name. If you are taking your husband's name, then changing your name is done simply by using your new name. You use the marriage certificate as the legal proof of name change. You do not need a court order.

Not everyone changes their last name when they get married, if she didn't elect to change her name on the certificate then it may not count as a legal name change. Obviously depending on the state you live in.

This is from NYC marriage bureau website

Decision to change name when getting married

Your surname does not change automatically upon marriage unless you elect to change it.

Nothing in the law requires you to change your name when getting married; it is your personal choice.

You are not required to have the same surname as your spouse

http://www.cityclerk.nyc.gov/html/marriage/name_change.shtml

I was going to copy and paste the rest then I just put the link to it but should have deleted the unrelated part. I got married in Cali and even there you had to state the name you wanted to use. They don't say thay if you don't change it then you can't use the doc as a proof of name change however it says even though it is considered proof, sometimes gov agencies will still ask for a court order so obviously it does cause difficulties for some people if you don't elect to then.

OP said it was troublesome to change her name, if she has already attempted using the marriage certificate and is having problems then she should maybe consider it an option. It would be a lot easier for her to deal with both dmv and ss.

Of cos we don't know more details about OP case.

KayDeeCee, I 100% agree with you that she will have to follow her state laws regarding the marriage certificate and name change. I didn't mean to come off argumentative, just thought you hadn't considered it to be a valid option.

Sorry all for the delayed responses! We had some issues with our internet but are now up and running again.

We didn't change my name during when we got married. We were married in Nevada but reside in California. We thought, because of all the K1 paperwork going on, that it would be easier to just continue using my maiden name. I've read that the SSN office sometimes doesn't recognized some documents because the K1 would have maiden names and then the name change could create issues. So we opted to keep it the same, for now.

Now that we have been married for a few weeks, I now realize that I want to have my husbands last name. We have already filed for AOS and think that it's probably too late to do so. It's not a huge deal... We can legally change my name after all the paperwork has been done and I have all the cards with me, so I can work and travel outside of the US. But now I realize, in hindsight, that we should've just done it immediately. Versus wait until the end and then have to change it again.

[KayDeeCee 4,896]

Sorry all for the delayed responses! We had some issues with our internet but are now up and running again.

We didn't change my name during when we got married. We were married in Nevada but reside in California. We thought, because of all the K1 paperwork going on, that it would be easier to just continue using my maiden name. I've read that the SSN office sometimes doesn't recognized some documents because the K1 would have maiden names and then the name change could create issues. So we opted to keep it the same, for now.

Now that we have been married for a few weeks, I now realize that I want to have my husbands last name. We have already filed for AOS and think that it's probably too late to do so. It's not a huge deal... We can legally change my name after all the paperwork has been done and I have all the cards with me, so I can work and travel outside of the US. But now I realize, in hindsight, that we should've just done it immediately. Versus wait until the end and then have to change it again.

Does Nevada have you list the name you want to use after marriage on the license? If not, and you have an interview, you could ask the interviewing officer if you could receive your green card in your married name instead. If you do not have an interview, then you can wait and file for ROC in your married name.

It is pricey and can take a few months to file to change the green card name after you receive it.

[funkymunky 11]

Could she change her name via infopass? Or would they not count that as a correction to her immigrant record?

http://www.uscis.gov/save/benefit-applicants/how-correct-your-records-0

[KayDeeCee 4,896]

Could she change her name via infopass? Or would they not count that as a correction to her immigrant record?

http://www.uscis.gov/save/benefit-applicants/how-correct-your-records-0

Worth a shot to make an Infopass appointment and ask, especially if you live near enough to your local office.

[Lights 56]

Does Nevada have you list the name you want to use after marriage on the license? If not, and you have an interview, you could ask the interviewing officer if you could receive your green card in your married name instead. If you do not have an interview, then you can wait and file for ROC in your married name.

It is pricey and can take a few months to file to change the green card name after you receive it.

Worth a shot to make an Infopass appointment and ask, especially if you live near enough to your local office.

Could she change her name via infopass? Or would they not count that as a correction to her immigrant record?

http://www.uscis.gov/save/benefit-applicants/how-correct-your-records-0

Thank you! We sent it off and based on our tracking, it has reached the office. But we haven't received our NOA1 or anything. So no interview just yet.

Do you know, during AOS if I'll require another medical or anything else that my name-change may mess up? I did my medical in Vancouver May 2014 and I did my POE in June. I'm not sure if the one I have is still valid or if I'll need to do another. If it's still valid, I'm thinking keeping my name consistent is probably a good thing?

[funkymunky 11]

I don't think it will affect anything. Personally when we applied, my mil dependant ID was the only thing with my married name besides my marriage certificate. I never had/still don't an issue with most of my documents in my maiden name (didn't want to repay for new documents in my married name).

[KayDeeCee 4,896]

Thank you! We sent it off and based on our tracking, it has reached the office. But we haven't received our NOA1 or anything. So no interview just yet.

Do you know, during AOS if I'll require another medical or anything else that my name-change may mess up? I did my medical in Vancouver May 2014 and I did my POE in June. I'm not sure if the one I have is still valid or if I'll need to do another. If it's still valid, I'm thinking keeping my name consistent is probably a good thing?

You don't need a new medical if yours was done within a year of filing. You just had your K-1 medical in May, so you don't need one. It is still possible to get an RFE for a vaccination transcription onto an I-693 from a civil surgeon or to get another medical because they lost your medical documents(yes, unfortunately this happens occasionally).

If your local USCIS is not too far away, you can make an Infopass appointment there after you receive your NOA and ask them about changing your name on your documents so that your EAD/AP and green card will have your married name instead. Not sure if they can help you with that or not, but it couldn't hurt to ask them.