Correct Surname Usage and Name Changes

[CZito 0]

I posted here yesterday regarding concurrent i485/i130 filing and I greatly appreciate the responses I received. I do have one more lingering question that's been bothering me as it relates to this process.

My wife (TPS) and I got married about 2 months ago. The first, most obvious and seemingly easiest step in her AOS process seemed to be to formally change her surname to her new married surname. We filled out and printed the necessary social security forms and went down to the social security office and were promptly told that we needed to first acquire any formal immigration document with her new name on it. They were of course very unhelpful with any questions I had, and suggested I call USCIS for information as they had none as it relates to that dept. At first it seemed like a catch 22 since she won't be getting a new EAD card until next July and I didn't think we could use her new surname on immigration papers. However after a bit of research, i found some information from posters in various forums that suggested that she may be able to fill out both the i130 and i485 using her new surname, as long as everything is consistent. Then, once we receive documentation from those forms, we could go down to social security and give it another shot there, and then DMV and so on down the line.

So... Shall I go ahead and fill out the i130 and i485 forms using her new surname? (I should also note that the marriage certificate has her maiden surname on it, which after research seems to be the correct name to be used on a marriage certificate. The country clerk was no help in this area either incidentally!)

Thanks in advance!

[SparklePony 238]

You fill out all the forms with the new married name. That's fine, and is what should be done, assuming she does want to use your last name, obviously.

As for Social Security, if she already has a card, and you have the marriage certificate, that should be enough for the name change on her card. But Social Security employees are hit and miss. I was lucky and got an extremely helpful guy. Some people aren't. The main thing here the card is usually not needed for anything, and if you're applying for EAD, you can always use that to get the new card, once you receive it.

Hope this helps.

[CZito 0]

You fill out all the forms with the new married name. That's fine, and is what should be done, assuming she does want to use your last name, obviously.

As for Social Security, if she already has a card, and you have the marriage certificate, that should be enough for the name change on her card. But Social Security employees are hit and miss. I was lucky and got an extremely helpful guy. Some people aren't. The main thing here the card is usually not needed for anything, and if you're applying for EAD, you can always use that to get the new card, once you receive it.

Hope this helps.

Thanks for the response. With TPS, my wife has had an EAD for 15 years so thats not an issue. I guess we will wait for the immigration documentation to give it another go.

[KayDeeCee 4,896]

Yes, if she took your last name when you married, then that is the name that should be used on all the AOS forms. The marriage certificate copy you mail with the forms is proof of the legal name change.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas -TPS case follows the same guide w/I-130 as those AOSing from these visas ~