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Filed: Citizen (pnd) Country: Brazil
Timeline

My wife arrived in the US and we got married in January 2006. When she arrived we got her SS card with her maiden name on it, and when we returned to the SSA office to change her name they said it was not possible until she completed AOS. I have verified this at ssa.gov.

A couple of weeks ago, we (finally) received notice of her AOS interview to be on April 24, 2007. With this being after the tax deadline (and USCIS certain to ask to see 2006 tax return at the interview), I decided to get my return done right away. After doing this, I went to file electronically and the tax return was rejected by IRS with the message that her name on the return (married name) does not match her name on the SS card (maiden name).

So here is the summary: 1) We cannot change her maiden name on the SS card without completing AOS; 2) We cannot file our 2006 tax return without her maiden name being changed to married name on the SS card; and 3) I am guessing that USCIS will not approve AOS without my 2006 tax return.

Any advice on how to proceed???

I am considering:

1) Ask for filing extension on 2006 tax return and explain why at AOS interview

2) Try to file tax return by mail and explain to them why her name is different on the SS card and tax return

3) Change tax filing status to filing separate (would probably lose some of tax refund but maybe make situation easier)

Thanks for any suggestions anyone can offer.

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Filed: Other Country: Philippines
Timeline
My wife arrived in the US and we got married in January 2006. When she arrived we got her SS card with her maiden name on it, and when we returned to the SSA office to change her name they said it was not possible until she completed AOS. I have verified this at ssa.gov.

A couple of weeks ago, we (finally) received notice of her AOS interview to be on April 24, 2007. With this being after the tax deadline (and USCIS certain to ask to see 2006 tax return at the interview), I decided to get my return done right away. After doing this, I went to file electronically and the tax return was rejected by IRS with the message that her name on the return (married name) does not match her name on the SS card (maiden name).

So here is the summary: 1) We cannot change her maiden name on the SS card without completing AOS; 2) We cannot file our 2006 tax return without her maiden name being changed to married name on the SS card; and 3) I am guessing that USCIS will not approve AOS without my 2006 tax return.

Any advice on how to proceed???

I am considering:

1) Ask for filing extension on 2006 tax return and explain why at AOS interview

2) Try to file tax return by mail and explain to them why her name is different on the SS card and tax return

3) Change tax filing status to filing separate (would probably lose some of tax refund but maybe make situation easier)

Thanks for any suggestions anyone can offer.

Me and my hubby had same experienced when we went to the SSA office to change my name. They also said they can't change my name until we completed AOS. But my husband insisted to change my name because we are already married and we need it for the income tax. They accepted our marriage certificate and changed my name in their database. They said I can't get my new SS card until I'll get my green card but my married name is already in the database.

2) Try to file tax return by mail and explain to them why her name is different on the SS card and tax return

This is a good idea.... Even though my name was already change in the SSA database, when my husband filed his 2006 income tax, he filed it by mail and included our marriage cert, copies of my visa and I-94.

meblue

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My wife arrived in the US and we got married in January 2006. When she arrived we got her SS card with her maiden name on it, and when we returned to the SSA office to change her name they said it was not possible until she completed AOS. I have verified this at ssa.gov.

A couple of weeks ago, we (finally) received notice of her AOS interview to be on April 24, 2007. With this being after the tax deadline (and USCIS certain to ask to see 2006 tax return at the interview), I decided to get my return done right away. After doing this, I went to file electronically and the tax return was rejected by IRS with the message that her name on the return (married name) does not match her name on the SS card (maiden name).

So here is the summary: 1) We cannot change her maiden name on the SS card without completing AOS; 2) We cannot file our 2006 tax return without her maiden name being changed to married name on the SS card; and 3) I am guessing that USCIS will not approve AOS without my 2006 tax return.

Any advice on how to proceed???

I am considering:

1) Ask for filing extension on 2006 tax return and explain why at AOS interview

2) Try to file tax return by mail and explain to them why her name is different on the SS card and tax return

3) Change tax filing status to filing separate (would probably lose some of tax refund but maybe make situation easier)

Thanks for any suggestions anyone can offer.

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Filed: K-1 Visa Country: Colombia
Timeline

The USCIS does not care about 2006 tax returns. They are not the IRS. If you are worried then you can take copies of your W2's. We went in July with no returns for that year and they never even asked a question. There are a lot of people that wait to file taxes for various reasons.

Also if you filed for EAD along with AOS then you can get the SS corrected with the EAD card.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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Filed: Citizen (apr) Country: Russia
Timeline

You should just file taxes jointly and use her maiden name. You absolutely have to use the name that is on your SS card when filing taxes. Even if you file by mail and use her married name while she still has her maiden name on the SS card, the return will most likely be rejected.

And really, USCIS could care less about your tax returns. Sure, it's a great proof of bona fide relationship, but you don't *have* to have it at your interview.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

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File it in her maiden name.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Filed: Citizen (apr) Country: Canada
Timeline

Just wanted to interject here. I went to SSN office 2 weeks after arrival and got my SSN # changed to my married name without EAD or AOS (I hadn't even filed then). The only difference being was I had a previously issued SSN card, but really all I was asking for at the office 2 weeks after arrival was for a name change. I'm confused why they wouldn't allow you to change her name. Is there some kind of "only one issuance of SSN card" before AOS? Maybe I got lucky cause I had my SSN Card issued before on a previously issued visa from a previous non-relative visa (in a previously married name I might add).. Did you get an agent that didn't know what they were doing? I dunno here, I'm just letting you know our story, and I'm just not sure why they would let me change my name (before AOS and EAD) and not you :)

AOS:

2007-02-22: Sent AOS /EAD

2007-03-06 : NOA1 AOS /EAD

2007-03-28: Transferred to CSC

2007-05-17: EAD Card Production Ordered

2007-05-21: I485 Approved

2007-05-24: EAD Card Received

2007-06-01: Green Card Received!!

Removal of Conditions:

2009-02-27: Sent I-751

2009-03-07: NOA I-751

2009-03-31: Biometrics Appt. Hartford

2009-07-21: Touched (first time since biometrics) Perhaps address change?

2009-07-28: Approved at VSC

2009-08-25: Received card in the mail

Naturalization

2012-08-20: Submitted N-400

2013-01-18: Became Citizen

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Filed: Citizen (apr) Country: Russia
Timeline
Just wanted to interject here. I went to SSN office 2 weeks after arrival and got my SSN # changed to my married name without EAD or AOS (I hadn't even filed then). The only difference being was I had a previously issued SSN card, but really all I was asking for at the office 2 weeks after arrival was for a name change. I'm confused why they wouldn't allow you to change her name. Is there some kind of "only one issuance of SSN card" before AOS? Maybe I got lucky cause I had my SSN Card issued before on a previously issued visa from a previous non-relative visa (in a previously married name I might add).. Did you get an agent that didn't know what they were doing? I dunno here, I'm just letting you know our story, and I'm just not sure why they would let me change my name (before AOS and EAD) and not you :)

Some people were able to change their names, others were not. I was clearly told that my name wouldn't be changed until I bring a document from USCIC (such as an EAD or a green card) with my new last name, and the marriage certificate was not sufficient. I know there were people who changed the name on the card with a marriage certificate alone. Go figure :blink:

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

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Filed: Other Country: Philippines
Timeline
Some people were able to change their names, others were not. I was clearly told that my name wouldn't be changed until I bring a document from USCIC (such as an EAD or a green card) with my new last name, and the marriage certificate was not sufficient. I know there were people who changed the name on the card with a marriage certificate alone. Go figure :blink:

That's what the SSA office says to everybody.... but in my case, my husband really insisted and after a bit debate with the in charge, she changed my name in the database. Maybe we are just lucky....

Edited by meblue
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Filed: K-1 Visa Country: Philippines
Timeline

hi there,

i was able to change my name in my SS card as well. it took a month before i got the new SSN card with my new married name in it. my hubby and i filed our aos application last feb. 23 and waiting for NOA1 to come. i think there are some SSA offices that allow a name change without any hassles at all.

take care and God bless,

tam

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Filed: Timeline

Here are the instructions for changing your name on SSN aafter marriage.... Print it out and take it with you and ask to speak to a supervisor.

http://policy.ssa.gov/poms.nsf/lnx/0100203410 Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

Only the marriage document (foreign or domestic) is needed if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

Note: State law must also allow the type of name change wishing to be made

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data

such as age, date of birth or parent's names, and

-- The identifying information matches the information on his/her current Social Security

number record.

The applicant will need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical information, e.g.,

age, date of birth or parent's names which does not match our records, e.g., the SSN

record.

-- The marriage occurred within the last two years, but does not show biographical

information, or

-- The marriage occurred over two years ago (with or without biographical information.)

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can refer SSA office personnel to EM-06064 for current procedures for a name change due to marriage.

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

Kez

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3) I am guessing that USCIS will not approve AOS without my 2006 tax return.

Would this necessarily be true if you filed your AOS document BEFORE April 15, 2007? If you filed the paperwork before 2006 taxes are due, I would think that the 2005 return would be acceptable.

my blog: http://immigrationlawreformblog.blogspot.com/

"It is the soldier, who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag."

-- Charles M. Province

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Filed: Other Country: Philippines
Timeline
3) I am guessing that USCIS will not approve AOS without my 2006 tax return.

Would this necessarily be true if you filed your AOS document BEFORE April 15, 2007? If you filed the paperwork before 2006 taxes are due, I would think that the 2005 return would be acceptable.

We filed my AOS before we filed the 2006 tax return. We sent 2005 return and we got an RFE for the 2006 income tax. It's nice that my hubby filed the 2006 tax return already.

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Filed: K-1 Visa Country: Russia
Timeline
Here are the instructions for changing your name on SSN aafter marriage.... Print it out and take it with you and ask to speak to a supervisor.

http://policy.ssa.gov/poms.nsf/lnx/0100203410 Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

Only the marriage document (foreign or domestic) is needed if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

Note: State law must also allow the type of name change wishing to be made

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data

such as age, date of birth or parent's names, and

-- The identifying information matches the information on his/her current Social Security

number record.

The applicant will need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical information, e.g.,

age, date of birth or parent's names which does not match our records, e.g., the SSN

record.

-- The marriage occurred within the last two years, but does not show biographical

information, or

-- The marriage occurred over two years ago (with or without biographical information.)

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

When issuing immigration documents, the Department of State and Department of Homeland Security issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

This is in addition to proof of current lawful employment authorized status.

You can refer SSA office personnel to EM-06064 for current procedures for a name change due to marriage.

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

Kez

The SSA procedure that hyou site here clearly requires a valid "Immigrant" Visa or Temporary I-551 stamp in the passport. In the case of entering on a K-1 visa, it expires after 90 days regardless of any other action. Having the Marriage Certificate is not enough for SSA. ou must have a Green Card, valid "Immigrant" Visa or the I-551 stamp, plus the Marriage certificate. We obtained my fiance's SSA just after she arrived in the USA (valid Visa and I-94). We tried to change her name on the SSA after we were married. We discussed this for quite some time and spoke to a supervisor with not mush success. We did arrive at the fact that SSA can not turn down an application for SSA or name change and that all information is forwarded to USCIS for their status determination since there is not the proper status in the computer system for SSA to grant a card or name change.

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Filed: AOS (apr) Country: Canada
Timeline

Not to be difficult, but at our AOS interview our taxes was one of the first few things the officer asked for. Is that unusual???

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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