Can't change the name on SS without green card?

[tyene 5]

I went to SS office today and found out they will not issue a SS card with my new name because my I-94 had expired (I got married within the proper framework) and basically I need to file for AOS and receive a green card to change my SS card.

Is that true? If so, what name should I choose to file the AOS? How can I make sure that I want to take my spouse's names, if I don't have ANY (zero) documents with my new name? And considering that my spouse's name won't fit with my birth certificate or passport?

[Rebecca616 38]

you have a marriage license... when you signed it, you signed it with the new name right? You have to submit that when you do your AOS to prove you got married in the 90 days. I would use your new name on the AOS forms, I think they ask on the form if you've ever gone by another name and you can write in your maiden/previous last name and that should correspond with the Social security card. Then once you've received your green card, take it down to the Social Security office and they should be able to order you a new one.

[p-ana 933]

you have a marriage license... when you signed it, you signed it with the new name right? You have to submit that when you do your AOS to prove you got married in the 90 days. I would use your new name on the AOS forms, I think they ask on the form if you've ever gone by another name and you can write in your maiden/previous last name and that should correspond with the Social security card. Then once you've received your green card, take it down to the Social Security office and they should be able to order you a new one.

Not all marriage licenses have the option to have your new married name there. But the marriage certificate should be sufficient as proof of name change

OP,

Not all social security offices will take the marriage certificate as proof to change the name in the card, though. They usually want a government issued form of identification and for that you could wait for the EAD or the green card to go back there and change your name, whichever comes first

Edited October 20, 2016 by p-ana

[tyene 5]

you have a marriage license... when you signed it, you signed it with the new name right? You have to submit that when you do your AOS to prove you got married in the 90 days. I would use your new name on the AOS forms, I think they ask on the form if you've ever gone by another name and you can write in your maiden/previous last name and that should correspond with the Social security card. Then once you've received your green card, take it down to the Social Security office and they should be able to order you a new one.

Mine doesn't.

[Rebecca616 38]

Ok Sorry about that... when I signed mine the man asked if I was going to be taking my husbands name and I said yes and he told me to sign it with the new name...sorry for not taking into count that some offices don't do that.

[tyene 5]

Also, what is my status now? The person at SSA office was very rude and she was basically constantly trying to suggest that my presence in the US is not lawful.

[p-ana 933]

Also, what is my status now? The person at SSA office was very rude and she was basically constantly trying to suggest that my presence in the US is not lawful.

Have you applied for aos yet?

[tyene 5]

Have you applied for aos yet?

No. I just got my marriage certificate copy few days ago literally, because there had been a spelling mistake they had to fix (not on our side - license had been filed properly). Got married at the end of August. I will apply for AOS within probably next 2 weeks.

[Merrytooth 5,748]

The I-94 proves your legal status in the US. Once that expires, you are out of status, unless/until you have filed for AOS, which places you in a new period of authorized stay.

You can use the receipt notice from filing for AOS to prove your authorized stay in the US.

[p-ana 933]

No. I just got my marriage certificate copy few days ago literally, because there had been a spelling mistake they had to fix (not on our side - license had been filed properly). Got married at the end of August. I will apply for AOS within probably next 2 weeks.

If you're past the time allowed in the i94 (90 days of your entry) and haven't filed for aos yet, yes, you're unlawfully present at the moment. But because you're married to a us citizen, your overstay is forgiven. The sooner you file for aos, the best is for you, as when your application is pending you are legally allowed to stay in the country and wait for a decision on your petition.

[tyene 5]

How is that system considered normal is absolutely beyond me. It basically means that I am forced to be unlawfully present due to no fault on my own. It is absolutely insane.

[Merrytooth 5,748]

You have 90 days to get married once you entered US on K1 visa.

Plenty of time to marry in a court house first (then have a lavish wedding ceremony later on if one desires)

and send in AOS paperwork within the timeframe.

I sent in my AOS package within 1 month of entering US to get married.

Just involved some carefully planning ahead and executions.

Edited October 20, 2016 by Merrytooth

[tyene 5]

You have 90 days to get married once you entered US on K1 visa.

Plenty of time to marry in a court house first (then have a lavish wedding ceremony later on if one desires)

and send in AOS paperwork within the timeframe.

I sent in my AOS package within 1 month of entering US to get married.

Just involved some carefully planning ahead and executions.

I did marry within 90 days of entering US. I just haven't filed an AOS within that time period, due to, for example, NOT receiving a proper marriage certificate for quite some time due to clerical mistakes.

Edited October 20, 2016 by tyene

[Merrytooth 5,748]

I did marry within 90 days of entering US. I just haven't filed an AOS within that time period, due to, for example, NOT receiving a proper marriage certificate for quite some time due to clerical mistakes.

That's very unfortunate.

But you don't have to worry too much about being out of status. The ICE is not going to knock down doors looking for you.

Just file the AOS as soon as you can and you will be fine.

You still need to get the ' "valid for work only with DHS authorization' wordings removed from your SS card once you receive your green card. So you can change your name at the same time. Save the multiple trips to SS office.

[tyene 5]

That's very unfortunate.

But you don't have to worry too much about being out of status. The ICE is not going to knock down doors looking for you.

Just file the AOS as soon as you can and you will be fine.

You still need to get the ' "valid for work only with DHS authorization' wordings removed from your SS card once you receive your green card. So you can change your name at the same time. Save the multiple trips to SS office.

I know. I'm just venting to get some sympathy. I know it will be forgiven and that nothing bad will happen because of that, but it's not really nice to realize that, well, legally you're not lawfully present in the country that you live in. It's not like I crossed the border illegally or committed any fraud. I live quite some time from local USCIS office, and it's not like I can legally drive either, so fixing clerical mistakes etc depends on my husband's work schedule, and that can not be very favorable currently. I am also in early pregnancy, fighting nausea all over. So I give myself the right to complain and be frustrated.