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Posted

So my wife is now in the process of trying to change her surname to mine and it doesn't seem like it's going to happen until she gets her green card due to time circumstances. When submitting her form i-485 should all her info be filled out as maiden name still despite the marriage certificate that has my last name? As far as I know in the state of NC she could use my last name as hers legally, but I just want to make sure since the social security office won't let her change it.

 

One last thing, is it likely to be worth it to apply for the EAD at this time? She cannot work despite having a social security number since the only proof of residency she has is her i-94 form that expires in a couple weeks.

 

Thanks all.

Posted

The marriage certificate is a formal name change document. Not sure why the SSA officer won't let her.

 

Anyhow, when filing AOS, EAD and AP, she can use her married name as her current name. Her maiden name can be entered under 'other names used'. Enclose a copy of the marriage certificate with all 3 forms to prove the marriage and name change.

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

Posted

About the EAD, yes, she should apply now because:

  1. EAD filing fee is waived when filed concurrently with her AOS.
  2. Once she gets her EAD combo card, she can legally work in the US even if her I-94 has long expired and she is still waiting to receive her conditional GC. 

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

 
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