Married or Maiden Name for USC Spouse on I-485

[SunflowerSweet 1,321]

Hello Everyone!

My fiance and I are getting married next week but since we want to file our AOS paperwork ASAP, we have started looking it over already and filing in bits and pieces.

My question is what last name should we use in Part 3 Section B where it says to list spouses and children, maiden or married?

I intend on changing my name after we are married, but since we want to file promptly, I won't have had time to change my name at the SS office or on my passport yet.

I've gotten mixed answers on which name I should use, so I figured I would open the question up here.

[p-ana 933]

Hello Everyone!

My fiance and I are getting married next week but since we want to file our AOS paperwork ASAP, we have started looking it over already and filing in bits and pieces.

My question is what last name should we use in Part 3 Section B where it says to list spouses and children, maiden or married?

I intend on changing my name after we are married, but since we want to file promptly, I won't have had time to change my name at the SS office or on my passport yet.

I've gotten mixed answers on which name I should use, so I figured I would open the question up here.

Since you'll have the marriage certificate (legal proof of your name change) you can go ahead and use your married name. You can change your name everywhere else after. Edited July 21, 2016 by p-ana

[Brazil2USA2016 7]

Marriage cert will have your maiden name on it, not your married name. You have to change your name legally (by your state/city laws) before using it on immigration forms. I am using my maiden name all through the process, and not changing it until we are done because it seems complicated to change in the middle of the process.

[Nich-Nick 3,354]

Use your married name. The day you marry counts as your official name change whether you have told Social Security, the bank, the passport office, the mailman and your local Starbucks or not. Just get on with your new name on immigration forms. They won't be rejected.

[SAbokkie 3]

I would use your married name, and put your maiden name in "other names used"

[Brazil2USA2016 7]

Read this:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter4-11.html

[SunflowerSweet 1,321]

Read this:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter4-11.html

The link didn't work..

[Brazil2USA2016 7]

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter4-11.html

[Ash.1101 1,756]

I used my pre-married legal last name (from my marriage previously) on all paperwork. I didn't have the time to go to the SS office to change my last name on my SS card, so I figured I should leave everything the same since I sent in things like joint bank statements and joint insurance, I wanted to make sure the name was the same across the board. I'm more picky than most though.

Edited July 21, 2016 by Ash.1101

[SunflowerSweet 1,321]

I used my pre-married legal last name (from my marriage previously) on all paperwork. I didn't have the time to go to the SS office to change my last name on my SS card, so I figured I should leave everything the same since I sent in things like joint bank statements and joint insurance, I wanted to make sure the name was the same across the board. I'm more picky than most though.

So I hate to be wrong by assuming this but since so many people have chosen to go either route, it almost seems like.. it works either way?

I honestly don't mind which name I put down for this purpose, I just don't want it to mess up the process. I was thinking more along your lines that since all of my documents are still going to be in my maiden name when we file I should put that, but I was worried. But if it worked for you then I feel a lot better I suppose!

[KayDeeCee 4,893]

For the USC, it doesn't really matter. You can use your current/maiden name, or go ahead and use your new married name. It won't mess anything up either way.

I also used my previously married name when my husband applied for AOS. I had not started using his name yet. By the time he applied for ROC, I had begun using his name and changed over my SSN and all IDs, so I used my new married at that time. No issues.

[Ash.1101 1,756]

So I hate to be wrong by assuming this but since so many people have chosen to go either route, it almost seems like.. it works either way?

I honestly don't mind which name I put down for this purpose, I just don't want it to mess up the process. I was thinking more along your lines that since all of my documents are still going to be in my maiden name when we file I should put that, but I was worried. But if it worked for you then I feel a lot better I suppose!

For the USC, it doesn't really matter. You can use your current/maiden name, or go ahead and use your new married name. It won't mess anything up either way.

I also used my previously married name when my husband applied for AOS. I had not started using his name yet. By the time he applied for ROC, I had begun using his name and changed over my SSN and all IDs, so I used my new married at that time. No issues.

Yep! Seems to go either way for the USC.

Just like KayDeeCee, I'll be using my husbands name within the next couple of months, well before ROC, just not for the AOS.

Edited July 22, 2016 by Ash.1101