Changing name on SSN (K-1 visa applicant)? (not maiden name related)

[Quarter 2]

As a follow-up to my topic here: http://www.visajourney.com/forums/topic/508578-im-on-k-1-visa-got-married-2-weeks-later-went-to-apply-for-ssn-but-was-rejected-help/

Back story summary: I went to apply for an SSN and was initially rejected on the grounds that my K-1 visa has expired. Today I went back to the office to see another clerk, and that clerk was surprised I was rejected the first time.

Nonetheless, she noted that my first name and middle name is different from what I filled up in the form, and what's appearing in the I-94 is different. (This is not maiden name related, as both my spouse and I have elected to keep our last names.)

I have English and Chinese names from my birth certificate. In my home country, the order of my name is [English Name] [Last Name] [Chinese Name]; there is no differentiation for first and middle names (it's an uncommon concept in Malaysia). So when I originally filed my applications for my K-1 visa and other documents (including what's appearing in the I-94), I filled up the First Name field with both my English and Chinese names.

For my marriage cert, I filled up my name this way:

First name: my English name

Middle name: my Chinese name

The clerk told me I need to go to JFK (???) to correct / change the name on the I-94 with immigration. Is this really needed? Or can I just show them my marriage cert?

Thanks!

[sweet cakes 326]

As a follow-up to my topic here: http://www.visajourney.com/forums/topic/508578-im-on-k-1-visa-got-married-2-weeks-later-went-to-apply-for-ssn-but-was-rejected-help/

Back story summary: I went to apply for an SSN and was initially rejected on the grounds that my K-1 visa has expired. Today I went back to the office to see another clerk, and that clerk was surprised I was rejected the first time.

Nonetheless, she noted that my first name and middle name is different from what I filled up in the form, and what's appearing in the I-94 is different. (This is not maiden name related, as both my spouse and I have elected to keep our last names.)

I have English and Chinese names from my birth certificate. In my home country, the order of my name is [English Name] [Last Name] [Chinese Name]; there is no differentiation for first and middle names (it's an uncommon concept in Malaysia). So when I originally filed my applications for my K-1 visa and other documents (including what's appearing in the I-94), I filled up the First Name field with both my English and Chinese names.

For my marriage cert, I filled up my name this way:

First name: my English name

Middle name: my Chinese name

The clerk told me I need to go to JFK (???) to correct / change the name on the I-94 with immigration. Is this really needed? Or can I just show them my marriage cert?

Thanks!

Your I-94 has to match your passport and visa name. You can contact the JFK Deferred Inspection Site and see if your I-94 can be corrected by phone. Otherwise, you may need to schedule an appointment to get this resolved personally. Check their contact details here: http://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection

From my experience in Newark NJ DIS, they were very helpful and I was able to have my name corrected through a phone call. But as I read from others, they have to show pertinent documents for proof of the correction request.

Edited August 7, 2014 by sweet cakes

[Quarter 2]

Ah I see... going all the way back to JFK would be a huge pain. But I'll try and give them a call and see.

Do you think SSA would accept my EAD card (when it arrives in a few months) or my marriage cert, as these documents have my correct name?

[Quarter 2]

So I just rang up Newark's deferred inspection site (I found out on the CBP website that I can contact any deferred inspection site), and I was told they can't change my name on the I-94 because they have to follow what's on the visa. I'm so glad I didn't go to JFK just to get rejected.

I have no idea what to do now because SSA and Newark's DIS are telling me different things.

[Dave&Roza 748]

As a follow-up to my topic here: http://www.visajourney.com/forums/topic/508578-im-on-k-1-visa-got-married-2-weeks-later-went-to-apply-for-ssn-but-was-rejected-help/

Back story summary: I went to apply for an SSN and was initially rejected on the grounds that my K-1 visa has expired. Today I went back to the office to see another clerk, and that clerk was surprised I was rejected the first time.

Nonetheless, she noted that my first name and middle name is different from what I filled up in the form, and what's appearing in the I-94 is different. (This is not maiden name related, as both my spouse and I have elected to keep our last names.)

I have English and Chinese names from my birth certificate. In my home country, the order of my name is [English Name] [Last Name] [Chinese Name]; there is no differentiation for first and middle names (it's an uncommon concept in Malaysia). So when I originally filed my applications for my K-1 visa and other documents (including what's appearing in the I-94), I filled up the First Name field with both my English and Chinese names.

For my marriage cert, I filled up my name this way:

First name: my English name

Middle name: my Chinese name

The clerk told me I need to go to JFK (???) to correct / change the name on the I-94 with immigration. Is this really needed? Or can I just show them my marriage cert?

Thanks!

First, you need to understand that the K-1 visa expired the day you entered the US and is not relevant to this discussion. As long as you still have more than two weeks left on the I-94 before it expires, you can apply for a SSC. Otherwise you will need to wait until the EAD or GC is issued. You need to apply in the name on the Visa and I-94 as that is what the SSA clerk will verify with the DHS when they do a SAVE database look up. You can use your marriage certificate to change your last name per the SSA name rules. Since your marriage certificate shows English name, Chinese name, Last name you should be able to get this corrected. You may have to wait for the EAD or GC as that will show the name the way you completed the I-485 forms. You may want to just get the SSC in the same name as the I-94 and visa and deal with the name after the GC arrives. All you really need is the number.

Good luck,

Dave

[sweet cakes 326]

You mean your visa name is incorrect? In any case, you are right, you can simply wait for your EAD [or GC, whichever comes sooner] to apply for the SSN. It's really up to you. I guess it's only reasonable that CBP will follow the visa name. EAD processing time is about 60 - 90 days from filing and this is without any RFE delay.

Here's the SS-5 for more details in applying for SSN: http://www.socialsecurity.gov/forms/ss-5.pdf

Ah I see... going all the way back to JFK would be a huge pain. But I'll try and give them a call and see.

Do you think SSA would accept my EAD card (when it arrives in a few months) or my marriage cert, as these documents have my correct name?

So I just rang up Newark's deferred inspection site (I found out on the CBP website that I can contact any deferred inspection site), and I was told they can't change my name on the I-94 because they have to follow what's on the visa. I'm so glad I didn't go to JFK just to get rejected.

I have no idea what to do now because SSA and Newark's DIS are telling me different things.

Edited August 11, 2014 by sweet cakes

[Quarter 2]

First, you need to understand that the K-1 visa expired the day you entered the US and is not relevant to this discussion. As long as you still have more than two weeks left on the I-94 before it expires, you can apply for a SSC. Otherwise you will need to wait until the EAD or GC is issued. You need to apply in the name on the Visa and I-94 as that is what the SSA clerk will verify with the DHS when they do a SAVE database look up. You can use your marriage certificate to change your last name per the SSA name rules. Since your marriage certificate shows English name, Chinese name, Last name you should be able to get this corrected. You may have to wait for the EAD or GC as that will show the name the way you completed the I-485 forms. You may want to just get the SSC in the same name as the I-94 and visa and deal with the name after the GC arrives. All you really need is the number.

Good luck,

Dave

You mean your visa name is incorrect? In any case, you are right, you can simply wait for your EAD [or GC, whichever comes sooner] to apply for the SSN. It's really up to you. I guess it's only reasonable that CBP will follow the visa name. EAD processing time is about 60 - 90 days from filing and this is without any RFE delay.

Here's the SS-5 for more details in applying for SSN: http://www.socialsecurity.gov/forms/ss-5.pdf

Thanks Dave and sweet cakes!

I'm sorry I wasn't clear in my original post, but I did manage to apply for my SSN on my 2nd visit to SSA, but it's with my pre-marriage first name on the I-94 (the first name that has both my English and Chinese names). It's just that I was asked by the clerk to go to JFK to change my first name on the I-94 so that it'll reflect the name that's on the marriage certificate.

I guess I'll just wait for the EAD to arrive as it will have my post-marriage first and middle names.

Just to clarify, Dave, you mentioned: "You may want to just get the SSC in the same name as the I-94 and visa and deal with the name after the GC arrives. All you really need is the number."

I was initially concerned about the name as I want to apply for a credit card and this requires my SSN. Just to check my understanding, for credit cards or any other applications, it doesn't matter if the name I'm going to apply in (my post-marriage first name and middle name) differs than what's on my SSN?

[Dave&Roza 748]

I was initially concerned about the name as I want to apply for a credit card and this requires my SSN. Just to check my understanding, for credit cards or any other applications, it doesn't matter if the name I'm going to apply in (my post-marriage first name and middle name) differs than what's on my SSN?

Now days, I am not sure. Back in the good ole days you just gave them the number they checked on it for a credit score and issued you a CC. Now they may actually check the name more closely. The number is the most important part and you can change your name over time, but you need an official document to do so. You can try for a CC and if denied you can ask them why and see if it is because the names do not match.

Good luck,

Dave