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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi everyone!

I'm the beneficiary under a K-1 Visa currently waiting for AOS papers to come through. I moved to the USA in October 2015 and have been here since. We filed AOS and EAD papers on January 6th and with two delays, I finally (last week) got my EAD card.

I should have applied for a Social Security number while my I-94 was still valid, but I blanked on this and missed my window of opportunity. Based on this thread that I started in February, I was told that my next chance to get my SSN would be when the EAD came through.

Ultimately, I (being the husband) want to change my last name to my wife's last name. I hate my last name, so I want to change mine to hers instead.

I talked to the Social Security Administration today and the woman I spoke to said that they don't handle doing any name changes, that I would need to provide the legal documentation showing that the last name was changed.

At this point, I'm not sure what to do. Since I don't have an SSN yet, would I even be able to legally change my last name in the USA? I imagine doing so might also cause problems for my EAD card which shows my current last name.

Any insight you guys can provide would be fantastic. :)

Thanks!

Posted

Name changing rules are based on State laws. I know in my state the men can also change their name with marriage. But it needs to be entered on the marriage license. You would need to research this with your state. Usually name changes are made by petitioning the court. Also you would have needed to enter your new married name on AOS application. Without this, you would need to file for a new green card, under your new name showing the documentation, likely a name change order by a judge, with your application for a new green card. This is all going to be add up in terms of $$$.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: K-1 Visa Country: Canada
Timeline
Posted

Name changing rules are based on State laws. I know in my state the men can also change their name with marriage. But it needs to be entered on the marriage license. You would need to research this with your state. Usually name changes are made by petitioning the court. Also you would have needed to enter your new married name on AOS application. Without this, you would need to file for a new green card, under your new name showing the documentation, likely a name change order by a judge, with your application for a new green card. This is all going to be add up in terms of $$$.

Oh boy. So ultimately my opportunity to change my last name was definitely when we got the marriage license, and now it'll be a big headache. Yikes!

This is totally me though - I space things every now and then. I appreciate you letting me know, thank you. :)

Filed: Other Country: Canada
Timeline
Posted

The name change laws seem so obtuse here. In Ontario I could choose whatever last name (married or unmarried) at any point in my marriage as long as I had the document (marriage licence or birth certificate) to show the link. I changed it when I was first separated back to my maiden name no issues and didn't need a judge to tell me that I could.

Posted

The name change laws seem so obtuse here. In Ontario I could choose whatever last name (married or unmarried) at any point in my marriage as long as I had the document (marriage licence or birth certificate) to show the link. I changed it when I was first separated back to my maiden name no issues and didn't need a judge to tell me that I could.

It gets a bit more complicated when you add in the immigration aspect of the name change also. I was glad I researched all this, as with my wife we also had to comply with her country's laws on what naming convention can be used after marriage.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

 
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