Wife signed Maiden name on Marriage Certificate, however filled everything out in Married name

[GermanytoDenver 0]

Hello Everyone

 

My wife and i got married this past Jan31 2018. She signed the marriage certificate in her maiden name however she filled out all the paperwork in her married name. She doesnt have her social security card yet due to us applying for it with the I-765 form. Now we have a Request for evidence for proof of name change. I dont get it. I thought that the marriage certificate is grounds to show name change. Even if it has her maiden name on there. And She even put her maiden name under other names used as she filled out her I-765, I-131, and I485 with her Married name. Ugh Im getting worried and hope they dont deny the case. We will be devastated

[KYICGM 70]

i would like to know the answer to this question since im getting ready to apply for AOS and i filled all of my forms with my married name as well and all my documents are in my maiden name my married certificate include. 

Edited July 16, 2018 by Isacamigaby

[Ontarkie 14,227]

~~Moved to AOS FAmily, K1/K3, from K1 P&P - The OP has started the AOS process.~~

[GermanytoDenver 0]

Okay ill let you know what they say. My wife and i are going to speak to USCIS today. I can let you know what they say after. So ill reply later on this evening.  I am just hoping that they lost our paperwork and they needed it again

[vponce 8]

Hey! I just got back with my wife from our interview. Our marriage certificate was her maiden name but we did all the paperwork in her married name. We asked at the end of the interview and her green card will have her married name on it. Hope this helps! 

[GermanytoDenver 0]

thank you... it makes me feel more at ease. I am just hoping that they needed the paperwork again and lost it. fingers crossed. This community is a great help

[KYICGM 70]

11 minutes ago, GermanytoDenver said:

Okay ill let you know what they say. My wife and i are going to speak to USCIS today. I can let you know what they say after. So ill reply later on this evening.  I am just hoping that they lost our paperwork and they needed it again

thank you I appreciate it. 

[GermanytoDenver 0]

Okay.. so my wife and i get back from USCIS and this is proof that the left hand has no idea on what the right hand is doing. So we show them the RFE and he says that there must be some type of discrepency in the forms. I showed him the copy of the forms that we originally sent. We showed him the marriage certificate and told him that all the government issued IDs are in her maiden name and so is the marriage certificate.  And we filled out all the forms I-485 ,I-765 and I131 in her married name. He still indicated that there can be an issue with our paperwork. I asked him doesnt a marraige certificate count as proof of a name change even if it is in her maiden name. He said yes. I asked do you believe that USCIS could have lost our paperwork etc? He said he doesnt know and highly unlikley. He said that since we had an RFE that we are back to square one and have to wait up to 87 days before  a response. I swear we need to make make USCIS get more pay since they obviously dont care about their job or the families that are doing things the right way. Lost hope in this process.

[KYICGM 70]

did he tell you how are you suppose to respond to the RFE if all of your wife's documents are on her maiden name ? what proof are u gonna use to show them if clearly the marriage certificate for them wasnt enough. 

[GermanytoDenver 0]

I showed him the RFE. We showed him all the government docs and marriage certificate in her maiden name. We showed him our copies that we sent for the I-485, I-765, I-131 in her married name. He said that would work. I am assuming that our paperwork got lost on the way. But of course they wont admit that. So we are not worried about that portion. Just that we are going to be pushed back to the back of the line. He said that the officer looking at our case has 87 days to respond. we were frustrated at that part. I know there is nothing we can do but wait. 

[GermanytoDenver 0]

we sent them copies of our marriage certificate. her germany issued ID, her visa page, her passport page, her birth certificate. All in maiden name

[Unidentified 2,930]

15 hours ago, GermanytoDenver said:

Okay.. so my wife and i get back from USCIS and this is proof that the left hand has no idea on what the right hand is doing. So we show them the RFE and he says that there must be some type of discrepency in the forms. I showed him the copy of the forms that we originally sent. We showed him the marriage certificate and told him that all the government issued IDs are in her maiden name and so is the marriage certificate.  And we filled out all the forms I-485 ,I-765 and I131 in her married name. He still indicated that there can be an issue with our paperwork. I asked him doesnt a marraige certificate count as proof of a name change even if it is in her maiden name. He said yes. I asked do you believe that USCIS could have lost our paperwork etc? He said he doesnt know and highly unlikley. He said that since we had an RFE that we are back to square one and have to wait up to 87 days before  a response. I swear we need to make make USCIS get more pay since they obviously dont care about their job or the families that are doing things the right way. Lost hope in this process.

I don't know how relevant this is but does she have any American ID like driver's license with her married name on it? 

 

My guess (and this really is just a guess because I am not familiar with how USCIS works...) is that they might feel that the only thing indicating a name change his her application. She doesn't seem to have anything else indicating that she changed her name. All her ID's seems to be in her maiden name. She doesn't seem to be using her married name. Does she have a driver's license or anything in her married name? 

 

Can she try again to obtain an SSN? 

[GermanytoDenver 0]

when we first got here we didnt get a social security card. We applied for the social security card with the I-765 since there is now an option. At this time she doesnt have a social security card to get a drivers license or state ID. when we sent in our RFE again we advised of us applying via the I-765 and that she doesnt have her social security card and that we filled it out win her married name so we can get the social security card in her married name oppossed to her maiden name. Hope fully they see it that way but who knows fingers crossed. I read a few other entries with this issue. One had the exact same issue as me and the other had the social security card. Both of them worked out. We will see. If not then I guess we have to start the process again. 

[KYICGM 70]

16 minutes ago, GermanytoDenver said:

when we first got here we didnt get a social security card. We applied for the social security card with the I-765 since there is now an option. At this time she doesnt have a social security card to get a drivers license or state ID. when we sent in our RFE again we advised of us applying via the I-765 and that she doesnt have her social security card and that we filled it out win her married name so we can get the social security card in her married name oppossed to her maiden name. Hope fully they see it that way but who knows fingers crossed. I read a few other entries with this issue. One had the exact same issue as me and the other had the social security card. Both of them worked out. We will see. If not then I guess we have to start the process again. 

does her I-94 still good or is it expired? if it still good she can apply for her ssn, i didnt know that until now  mine expired so i cant. i dont have anything on my married name since they wont let me do anything with my married name not even my joint acount. 

Edited July 17, 2018 by Isacamigaby

[GermanytoDenver 0]

Her I-94 is expired. We knew about the social security card process to come and we knew about being able to get one via the I-765. So we wanted to go that route to have her married name on the social security card and the EAD card and then finally the green card. But i dont know why we are getting the request for evidence since the marriage certificate gives the woman the right to use her married name as she so chooses to. Maybe its a new process with USCIS but talking to the USCIS in person yesterday they said it shouldnt matter. But i dont know if should matter or it depends on the officer assigned to our case.