Marriage does not change name - I485 which to use?

[gtewks 1]

So in Colorado, marriage does not change the wife's name.

We must first make the change at the SS office.

So we went today,  But they refused to change the name as her visa expires in less than 2 weeks.  

 

So for the I-485...   should she apply using the "married name" that we eventually will change her name to?  OR  her maiden name?

 

From what I understand, if we use her maiden name I will have to pay over $500 in fees to change the name on her Green Card, clearly it would be optimal to have the GC in the married name.

But realistically there is no legal standing to use the married name, since a marriage certificate is not a legal name change (at least not in CO).  I don't want the I485 to be denied because we used the married name.

 

Anyone been through this?

[belinda63 3,038]

Actually marriage is a legal name change if she wishes it to be. When you file the AOS file it with her married name. When she gets her EAD she can have the social security card changed. 

[geowrian 22,337]

Who noted that getting married doesn't change your name? The marriage certificate appears to be a legal name change document, including in CO. They even accept it as such for the DMV:

https://www.colorado.gov/pacific/dmv/change-your-name

[gtewks 1]

1 hour ago, geowrian said:

Who noted that getting married doesn't change your name? The marriage certificate appears to be a legal name change document, including in CO. They even accept it as such for the DMV:

https://www.colorado.gov/pacific/dmv/change-your-name

Both the Clerk Recorders and the SS offices here told me so.  According to them only a SS change can start a legal name change. 

I always thought getting married would do it,, but according to those offices,, no.

[geowrian 22,337]

5 minutes ago, gtewks said:

Both the Clerk Recorders and the SS offices here told me so.  According to them only a SS change can start a legal name change. 

I always thought getting married would do it,, but according to those offices,, no.

Well, not saying they're wrong necessarily, but I think that's only necessary to register the change with the SSA (which is needed for a new SSC, DMV, etc. and I would recommend doing so once you get the EAD). But the actual marital name change is from the marriage certificate.

 

http://legalbeagle.com/6152101-change-name-after-marriage-colorado.html

http://statelaws.findlaw.com/colorado-law/how-to-change-your-name-in-colorado.html

 

Either way, you should be fine to list your married name on the I-485, which will make it easier since her green card will be issued in that name as well.

[gtewks 1]

1 hour ago, geowrian said:

 

Well,,  regardless if they are correct or not....

What we need to know is if other are successfully getting their GC while using the "married name" for I485,,  while the SS# is still in her maiden name (as noted they refuse to change her name since the I94 is about to expire)..

 

That is really my big concern is that her I485 name and SS card name will not match.

 

Edited April 18, 2017 by gtewks

[geowrian 22,337]

4 minutes ago, gtewks said:

Well,,  regardless if they are correct or not....

What we need to know is if other are successfully getting their GC while using the "married name" for I485,,  while the SS# is still in her maiden name.

 

That is really my big concern is that her I485 name and SS card name will not match.

You'll be fine. You can change the SSC once you get the EAD, then the SSC and GC will match. Until then, a copy of the marriage certificate is sufficient to show the name difference between the EAD and SSC. Many people forget to even get an SSN until after marriage and have to wait until they get their EAD to do so.

Edited April 18, 2017 by geowrian