AoS and name change. I`m so confused!

[Kim Mertens 54]

Read a bunch of threads on here about how your name changes when you get married and you just have to include your marriage license.

But at the same time I found some that said "as long as you changed your name on your license".

When we went to the courthouse they told me to leave the maiden name field empty because when writing that down I was still not married, and so my name just says my first name, middle name, and maiden name for last name. The maiden name thingy is blank since they had me write my maiden name as my last name.

Does this mean that I cannot use his name yet, legally?

I do have a joint bank account with him in my married name, they used that same marriage license as proof that I have his last name. Same with the contract for the appartment we rent, that one is in my married name as well.

Or is the marriage license in itself proof of a name change even if the clerk told me to sign it in my former last name?

I am so confused and since we are sending out our package tomorrow I don`t wanna mess up and get an RFE for something so small.

My SSN is in my maiden name as well, when we went to the SSN Office the lady there told me she can`t change my last name on my SSN until I have a green card in hand with my married name on it.

Any help would be greatly appreciated!!

Edited June 14, 2016 by Kim&Clint

[p-ana 933]

Your marriage certificate is the document that allows you to start using your husbands name. Even if there is not a mention to what it will be.

You had to sign it with your maiden name, that's correct. You're only legally married after they record/ file it at the county clerk/ court or whatever place it is they keep the records.

You will file your aos/ ead/ AP forms with the name you want to use it from now on, married or maiden, it's your choice. If you're going to use your married name, don't forget to attach a copy of the certificate and also mention in "other names used" your maiden name.

Ssn offices are a hit or miss, some will change it with only the certificate, others won't. A safe bet is to wait for ead or gc to go there and change.

Take a deep breath, don't panic.

Good luck!

[Lainie B 465]

You are able to use your husband's name as your last name from the day you get married, using the marriage certificate as proof of name change. Doesn't matter if your married name appears there or not. In some places, they have you put both your maiden and married name on the marriage license/certificate, in others only the maiden name appears. Makes no difference, it is still legal proof of your name change.

[Kim Mertens 54]

So, even though my SSN is in my maiden name and they don`t really have any record of me with my married name I will not get an RFE for this? I was reading a few threads where people had gotten RFE`s for them, where people replied "you should have changed your last name on you marriage certificate" that`s why I am worried now. I really want to avoid getting an RFE since we need AP sort of soon and if we get an RFE it might be a close one.

[Lainie B 465]

No, the SSA doesn't do legal name changes. They merely update the card to show your new legal name, same as any USC who gets married and changes their name. So it doesn't matter what's on your SS card. The catch is that for people such as yourself the SSA will want to see your new (married) name in the SAVE database first, and that happens when you apply for AOS with your married name, USCIS will update your name then.

Your marriage certificate is your name change document. USCIS will accept it.

[p-ana 933]

So, even though my SSN is in my maiden name and they don`t really have any record of me with my married name I will not get an RFE for this? I was reading a few threads where people had gotten RFE`s for them, where people replied "you should have changed your last name on you marriage certificate" that`s why I am worried now. I really want to avoid getting an RFE since we need AP sort of soon and if we get an RFE it might be a close one.

As stated, your marriage certificate is your proof of name change. Some states or counties will issue marriage certificates with both maiden name and married name, like Massachusetts does, but Nevada doesn't, for example.

You are fine. Be sure to add a copy of the certificate in each application (1 for i485, 1 for i131 and 1 for i765). And bring the certificate with you for biometrics, to open bank account, get insurance, etc, until you have an ID with the new name.

[KayDeeCee 4,896]

So, even though my SSN is in my maiden name and they don`t really have any record of me with my married name I will not get an RFE for this? I was reading a few threads where people had gotten RFE`s for them, where people replied "you should have changed your last name on you marriage certificate" that`s why I am worried now. I really want to avoid getting an RFE since we need AP sort of soon and if we get an RFE it might be a close one.

You won't get an RFE for legally using your married name. Many states do not list what name you wish to use after marriage. You just use your husband's name as yours from the time you marry, if you want to change your name to his. The marriage certificate is still the legal name change document, even in the states that do not list name after marriage. The USCIS gets tons of AOS submissions. This is not new to them. You list the name you are using after marriage and include a copy of your marriage certificate. Your EAD/AP and green card will come in your married name.

Also, you do not have to wait for the green card to change your name on the SSN. Use the EAD/AP card that will also come in your married name.

[ryna 132]

If it were only that simple....

My wife changed to her married name at AOS and her full married name is on her GC. However, USCIS decided to be lazy and issued her EAD/AP in her married name but only showing her middle initial instead of full middle name (even though the original I-765/I-131 were both submitted with her full, married name.) Now, at naturalization time, USCIS has decided, even with all of her IDs (GC, SS Card, DL) in her married name and with our marriage license in hand, that they "can't" issue her Naturalization Certificate in her married name without a court ordered name change which will delay the process even more than it already has been.

They are 100% wrong, wrong, wrong about this, but the bottom line is that USCIS is basically your parole officer and you (both of you, actually) are their felony parolees until they say otherwise. And, there is almost nothing you can do to fight them.

Edited June 14, 2016 by ryna

[KayDeeCee 4,896]

If it were only that simple....

My wife changed to her married name at AOS and her full married name is on her GC. However, USCIS decided to be lazy and issued her EAD/AP in her married name but only showing her middle initial instead of full middle name (even though the original I-765/I-131 were both submitted with her full, married name.) Now, at naturalization time, USCIS has decided, even with all of her IDs (GC, SS Card, DL) in her married name and with our marriage license in hand, that they "can't" issue her Naturalization Certificate in her married name without a court ordered name change which will delay the process even more than it already has been.

They are 100% wrong, wrong, wrong about this, but the bottom line is that USCIS is basically your parole officer and you (both of you, actually) are their felony parolees until they say otherwise. And, there is almost nothing you can do to fight them.

That makes no sense. What is their reasoning for this? Did she only change her last name to yours through marriage? You should not need a court order for that.

[ryna 132]

That makes no sense. What is their reasoning for this? Did she only change her last name to yours through marriage? You should not need a court order for that.

We have no idea what their reasoning is other than the IO insists that, despite all of her legal Federal and State-issued IDs stating otherwise, that her current legal name is still her maiden name and to have her married name put on the Naturalization Certificate, she'll need to have a judicial ceremony. So, after she passed, he changed her answer to the question regarding the request for name change to 'Yes' and told her she'd have to wait for a judicial ceremony to be scheduled.

Even if she had never changed her name after we got married, she would still be legally able to do so at the time of naturalization using only our marriage certificate. It is clearly stated on the N-400 forms that a court name change (and judicial oath) is not necessary if the name change is changed through marriage (, divorce or other previous court order.)

Since her interview, she went and updated her SS Card and DL (which were initially issued in the same format as her EAD - with married name but just showing the middle initial) to show her full married name. Since it has been 12 days since she was 'Recommended for Approval', and we've still heard nothing, we're hoping that her IO had to pass it on to his supervisor for final approval and that he will catch the error. Barring that, she made an infoPass to show them the IDs that now spell out her full middle name and try to convince them one last time that her legal name is already what she wants it to be on her certificate.

Really, I just look at it as one last parting shot at us from USCIS. They're just not going to let her (us) go without causing yet another completely unnecessary delay in this never-ending process.

My point to the original poster is that everything should go smoothly, but:

1) when USCIS is involved, assume nothing;

2) if they issue your EAD/AP using only a middle initial, demand one with your FULL name;

3) apparently, USCIS can decide not to accept its own Green Cards as proof of legal identity. The IO told her the name on the GC wasn't really her legal name but just what she "wanted to be called" when she filed for AOS, and;

4) See #1 above again.

[KayDeeCee 4,896]

Wow, that is crazy. I would be livid too.