Name change before AOS application?

[KatB 6]

Hi all!

I finally made it to the US and was married a few weeks ago, and am now going through the AOS process. I am filling out the required forms, but am wondering if I should change my name before I send them off? I plan on taking my husbands last name, but have not yet legally changed. Would it be easier for me in terms of paperwork for AOS if I did this now?

Also, I am going to get my SSN this week, but am concerned as the guidelines seem to state that I need to have a specific reason for requesting one if I am not there on an immigrant visa. I know that the K1 doesn't technically count as that, so will I have problems when it comes to applying for one?

Thanks!

[Nich-Nick 3,354]

Hi all!

I finally made it to the US and was married a few weeks ago, and am now going through the AOS process. I am filling out the required forms, but am wondering if I should change my name before I send them off? I plan on taking my husbands last name, but have not yet legally changed. Would it be easier for me in terms of paperwork for AOS if I did this now?

Yes!!!! You legally changed your name when you got married. Start using it. The paperwork changes will come in time. Most are free, but to change a greencard from maiden to married after issue is 400 bucks. Edited July 25, 2016 by Nich-Nick

[afortunada 182]

Yes!!!! You legally changed your name when you got married. Start using it. The paperwork changes will come in time. Most are free, but to change a greencard from maiden to married after issue is 400 bucks.

Getting married in the US does NOT mean your name is legally changed. You have the right to change it, yes, but your legal name is still your maiden name until you complete all the necessary paperwork.

As for if it's better to do it now or after, I can't answer that and someone with more knowledge should definitely chime in.

[KatB 6]

Ok thanks! The marriage certificate only has my maiden name on it, does that make a difference? I'm just a bit confused as its a lot different to the UK!

Thank you for your quick response

[Georgia16 2,858]

I would do it before as stated above it's really expensive to change the name when you have the GC.

No problem getting a SSN I applied 2 days after I got here and was never asked why I needed it but you could use it for many things like getting on insurance and so on. I had my card a week later. But if you are changing name then wait til it's changed so you don't have to go back and change it again to your new name

Edited July 25, 2016 by Georgia16

[KatB 6]

So how do I go about changing my name if it's not automatically done at the marriage ceremony? Do I need to go back to city hall?

[Georgia16 2,858]

So how do I go about changing my name if it's not automatically done at the marriage ceremony? Do I need to go back to city hall?

I have no idea how they do it here We are changing my last name here Saturday when we get married.

Try and google name change and then you state I'm sure there will be a place you can go to and get it done.

[Nich-Nick 3,354]

Ok thanks! The marriage certificate only has my maiden name on it, does that make a difference? I'm just a bit confused as its a lot different to the UK!

Thank you for your quick response

Your marriage certificate is a legal name change IF you want to use your husband's name because it shows you married John Smith and thus can choose to legally be called Mrs. Smith. It does not mean you must use his name if you choose not to. Your chosen married name does not have to appear on the certificate. When you go to change your name on documents, they would look at the marriGe certificate as legal proof you get to be called Mrs. Smith....USCIS, Social Security, DMV, maybe the bank, passport office....

If you want to change your name to Lucie Lollipop, then that is more complicated and requires going to court.

Edited July 25, 2016 by Nich-Nick

[KatB 6]

Your marriage certificate is a legal name change IF you want to use your husband's name because it shows you married John Smith and thus can choose to legally be called Mrs. Smith. It does not mean you must use his name if you choose not to. Your chosen married name does not have to appear on the certificate. When you go to change your name on documents, they would look at the marriGe certificate as legal proof you get to be called Mrs. Smith....USCIS, Social Security, DMV, maybe the bank, passport office....

If you want to change your name to Lucie Lollipop, then that is more complicated and requires going to court.

Haha, thank goodness I have no intention of becoming Mrs L Lollipop! Once again thank you for your quick response. You've helped me out many times during the process and I really appreciate it! I'm going to put my married name on the application forms and have several certified copies of the marriage license to back it up.

[Nich-Nick 3,354]

Marriage **certificate** showing the marriage got recorded in the records of the county

[Nich-Nick 3,354]

More advice-- go get the SSN in the name exactly as written on your I-94. Don't try to go married or even talk about that you got married. Just get a number. Give the number at the bank or fill in on insurance cards it's your number for life. Fix the name when you have something from USCIS like EAD or greencard showing your immigration name on record is the married name. it takes time to sort your name when you are a K1.

[AP&AD 8]

More advice-- go get the SSN in the name exactly as written on your I-94. Don't try to go married or even talk about that you got married. Just get a number. Give the number at the bank or fill in on insurance cards it's your number for life. Fix the name when you have something from USCIS like EAD or greencard showing your immigration name on record is the married name. it takes time to sort your name when you are a K1.

I wish I have read this before going to the social security office earlier.

[cristina16 81]

So how do I go about changing my name if it's not automatically done at the marriage ceremony? Do I need to go back to city hall?

On our marriage license, there is portion where it asked new names (if any). It was also discussed when we filled our marriage license. That is when I indicated my change of name using my husband's surname. That also reflected in your License and Marriage Certificate. I don't know if the form differs by state, but that's what we did. No hassle at all. Now, if your Marriage Certificate did not include that new name (bottom last line for me), Call where you registered your marriage and ask them what you need to do.

[Dashinka 24,520]

On our marriage license, there is portion where it asked new names (if any). It was also discussed when we filled our marriage license. That is when I indicated my change of name using my husband's surname. That also reflected in your License and Marriage Certificate. I don't know if the form differs by state, but that's what we did. No hassle at all. Now, if your Marriage Certificate did not include that new name (bottom last line for me), Call where you registered your marriage and ask them what you need to do.

The forms do differ in many locales. Many marriage certificates do not have a section specifically for new names, but that doesn't matter as already stated above the certificate functions as a legal name change to the husband's family name if you choose to change it. Some responders already stated it, but the best course of action seems to be to get the SSN with the I94 (with more than two weeks validity) and foreign passport in the maiden name, apply for the AOS in the new name if desired, then change the SSC when you receive either the EAD or GC. If you want to avoid multiple trips to the SSA, wait for the GC, that way you get a new card in the new name without the DHS note.

The only other issues that arise from this is changing the foreign passport at some time in the future. In many countries, this is very difficult, time consuming and costly, but you can get around this for international travel easily. When you get to that point, check out the travel section as there are many relevant posts, but the summary would be to book travel in your maiden name that matches the foreign passport, then keep a copy of your marriage certificate with you in case CBP questions the different name on the GC upon US re-entry.

Good Luck!

[stfiii 33]

Getting married in the US does NOT mean your name is legally changed. You have the right to change it, yes, but your legal name is still your maiden name until you complete all the necessary paperwork.

As for if it's better to do it now or after, I can't answer that and someone with more knowledge should definitely chime in.

When we filled out our marriage application at the courthouse it asked specifically on the application if my fiancee would be using my last name, a hyphenated last name or keeping her last name.

More likely then not, probably your fiancé filled this information out on your application, either way, if you have a marriage certificate it should show you if you are using a new name. My wives new name is on one of the last lines at the bottom of our marriage certificate.

Also, because you are using your new last name when you file your AOS paper work, unless you get a state issued ID with your new last name before your Biometrics appointment, make sure to bring a certified copy of your marriage certificate with you with your passport. That's how Biometrics will know you are the same person.

Good Luck