K1- Same-Sex - Name Change in Texas after marriage - Very Confusing.

[matteo&John 25]

We are blessed and happy that all process has gone smooth until now. We got our K1 visa approved, we went thru the POE without a delay and all.

Today we got married in San Antonio Texas. At first, I thought there would be a spot in the application for marriage that give one of the spouses the option to change his last name, but the clerk told me that the license in Texas requires to place the original name of the two people getting married. Texas does not grant an legal documents that specifically shows that you are married and you choose to take the spouse's last name. The clerk advised me to speak with the Social Security Administration in regards to that and take the marriage certificate.

Step number 1 in the process:

We went to the SSA office to apply for my spouse's social Security card. The lady at the window took the application and requested that my spouse would like to take my last name. She stated that she would only issue a card under his current name and did not care to see the marriage certificate I showed her. She stated that she cannot issue card under married name until the Homeland Security Administration changed his name to the married name.

My question is: How can this be possible? The Homeland Security has nothing to to with the name change. I have read plenty that says that the marriage certificate is sufficient enough to change your last name to married name.

Can someone that has gone thru this please help?

Thanks a lot.

[Ben&Zian 4,398]

No experience in this(yet), and luckily my partner does not want to change his last name (which I totally respect) so guess won't have to worry about dealing with this little hassle.

Hopefully you can get it sorted out! and congrats!

[p-ana 933]

This is discussed all the time here.

Even if your marriage certificate doesn't exactly state the new married name, it is a valid document to prove name change. Most of the places will accept that, but the social security administration is not one of them. They usually want another identification document in the new name in order to use the married name there (EAD or green card, whichever comes first).

What you should do: get the social security number in passport name. Once you get ead or green card go back there and change.

To get the new docs in the new name, you must fill the aos forms in the new married name.

[Taaz 6]

​First I want to offer you folks my congratulations on your marriage. I am the USC and I just went in with my marriage certificate and identification SSA and changed to my husbands name. I don't know what HLS has to do with it since the most common proof of marriage is the name change on ss#, identifications, and passports, plus other means of proving marriage. ARGH

​Doesn't make sense. Have you called USCIS to get this verified? Wishing you the best!

[SunflowerSweet 1,321]

Well I will say from experience that for just changing a name on a current Social Security Card, a marriage license is enough. Were you applying for your spouse's first card as an new immigrant? That might have been the problem.

I was able to get a card for my K-1 fiance using his 1-94. Then I was able to change the name on my card after we were married with nothing but a marriage certificate that had my maiden name.

If you husband is trying to get and original card and number, what I suggest is this:

-Apply for a card with his pre-marriage name (as long as his I-94 is still valid).

-Once he has his card, take that into the SS Office with your marriage license and get his named changed and he will be sent a new card.

Mind you, there may be an even easier way of doing things, but this is the way I can say we have been successful and you should be too.

Edited November 7, 2016 by MorganandMichael

[p-ana 933]

Both people that said they changed names easily with only their marriage certificates were the citizens. In theory it should be the same for the foreigners but most of the ssa offices won't just take that as proof of name change, they'll have to show another form of identification that has the new name.

As said above, get the ssn in passport name. File forms for aos in married name. When you receive ead or gc go change with the ssa office.

[matteo&John 25]

Well I will say from experience that for just changing a name on a current Social Security Card, a marriage license is enough. Were you applying for your spouse's first card as an new immigrant? That might have been the problem.

I was able to get a card for my K-1 fiance using his 1-94. Then I was able to change the name on my card after we were married with nothing but a marriage certificate that had my maiden name.

If you husband is trying to get and original card and number, what I suggest is this:

-Apply for a card with his pre-marriage name (as long as his I-94 is still valid).

-Once he has his card, take that into the SS Office with your marriage license and get his named changed and he will be sent a new card.

Mind you, there may be an even easier way of doing things, but this is the way I can say we have been successful and you should be too.

Thank you so much. You are correct. This was our first time applying for a brand new SS card. So I will try to do what you have just suggested.

I will go back once I have the card issued in his name and present our marriage certificate to change his name.

Thank you everyone for your help.

Sometimes you wonder why government agency always want to make your life more difficult than it it.

[SunflowerSweet 1,321]

Both people that said they changed names easily with only their marriage certificates were the citizens. In theory it should be the same for the foreigners but most of the ssa offices won't just take that as proof of name change, they'll have to show another form of identification that has the new name.

As said above, get the ssn in passport name. File forms for aos in married name. When you receive ead or gc go change with the ssa office.

Interesting. This pamphlet does seem to indicate that: https://www.ssa.gov/pubs/EN-05-10002.pdf

So the i-94 isn't enough to prove immigrant status in this situation, but it is enough for getting a card, correct?

[SunflowerSweet 1,321]

Thank you so much. You are correct. This was our first time applying for a brand new SS card. So I will try to do what you have just suggested.

I will go back once I have the card issued in his name and present our marriage certificate to change his name.

Thank you everyone for your help.

Sometimes you wonder why government agency always want to make your life more difficult than it it.

I actually do stand corrected, and I deeply apologize. In this brochure it does mention near the end (pg 9) that non-citizens do need to provide proof of immigrant status before they can change their name.

It is interesting though, that the I-94 is enough proof of status to get a card, but not enough to change it. That seems to be the false assumption I made that led to my misinformation.

[SunflowerSweet 1,321]

I'm actually really glad I stumbled upon this post, as my husband (an immigrant) is in the process of getting his name legally changed to drop his second surname. When we talked to a woman from the SS office they made is sound like he would have no issue as long as he had the documentation that it was changed, but we do not have our EAD yet either, so looks like we will be stumped from this too!

I do still stand by my suggestion of getting a name in his previous name, however. (Assuming he is okay with holding it for a while) Just for the fact that people generally have a much easier time getting things set up when they have one. For example we could not add my fiance to my apartment lease without out, and they also asked for it when he applied for his driver's license. When you do manage to get your EAD, then you can change the name, and the number will stay the same.

There really is no timeline for changing your name after marriage, so as long as there are no personal reasons to rush it, it may be more beneficial to wait on changing it on the SS Card. This should not effect you when you apply for your AOS with the new name, as many people get their SS cards on K-1s before they are even married, so having a pre-marriage name linked to the card must not be an issue.

Edited November 7, 2016 by MorganandMichael

[LionessDeon 2,060]

I was married in Georgia in September. Our marriage certificate does not have a place to specify a name change. It simply lists my full name before marriage and his full name. I took this to SS office to get my name changed. It's all they required but I am the USC in a heterosexual marriage.

I'm confused as to why the SS office wouldn't even look at your marriage license. It should be Sufficient to change ur name. I guess Texas is different even though SS is federal.

Edited November 7, 2016 by LionessDeon

[Hypnos 6,576]

From experience, and I've read many posts here indicating the same, some frontline SSA personnel do not seem overly burdened when it comes to intelligence.

Edited November 7, 2016 by Hypnos

[SunflowerSweet 1,321]

This seems to imply that the I-94 should be enough for a name change? Looks like Name Change is the exact same application as getting card and I-94 is listed as proof of immigration status..

https://www.ssa.gov/forms/ss-5.pdf

Edited November 7, 2016 by MorganandMichael

[p-ana 933]

From experience, and I've read many posts here indicating the same, some frontline SSA personnel do not seem overly burdened when it comes to intelligence.

Totally agree with you!

[p-ana 933]

Interesting. This pamphlet does seem to indicate that: https://www.ssa.gov/pubs/EN-05-10002.pdf

So the i-94 isn't enough to prove immigrant status in this situation, but it is enough for getting a card, correct?

The i94 will be enough to show as proof of immigration status and grant him the social security number/ card if it's still valid and with at least 15 days left of authorized stay.

The changing names for them proves challenging though, I don't really understand why though because they can verify and ask for docs with the old and new names. Maybe because it'll be different from their database and they will be unable to verify with the system or something like that? I've read here before also that they'd say if you're married you're no longer a k1 and therefore you wouldn't be allowed to have a ss card, etc. Theyre a mess. I myself had two difficult encounters recently where they messed up my name and then didn't want to change it to the correct one...