K1: SS office refusing to change last name after marriage, before AOS

[jimmatron 0]

Hi folks,

 

So my fiancee came on a K1 visa in May, and one of the first things we did was apply for an SSN with her maiden last name. After we got that SSN, we went ahead and got married using said maiden name. So we went to the SSN office today with our I94 and marriage certificate but they refused to change her last name to the new married name. They said to "call DHS". What should I do? Go to another office? We haven't sent any AOS documents because we were hoping to use her new married name.

 

Any suggestions would be greatly appreciated!

[payxibka 10,045]

8 minutes ago, jimmatron said:

Hi folks,

 

So my fiancee came on a K1 visa in May, and one of the first things we did was apply for an SSN with her maiden last name. After we got that SSN, we went ahead and got married using said maiden name. So we went to the SSN office today with our I94 and marriage certificate but they refused to change her last name to the new married name. They said to "call DHS". What should I do? Go to another office? We haven't sent any AOS documents because we were hoping to use her new married name.

 

Any suggestions would be greatly appreciated!

Common problem.   They won't do it until you have a USCIS benefit in the new name 

 

Not changing her SSN does not preclude you from  filing the i485 in her married name 

Edited June 25, 2019 by payxibka

[arken 4,197]

As said, use her married name in AOS documents including EAD/AP. Once she receives EAD or GC whichever is earlier, she can go back to SS office to change the name.

[jimmatron 0]

Is it worth trying another SS office or am I very likely to encounter the same problem? I feel like I have no legal basis for using the new married that on the AOS because I don't have any documents to support it. 😕

[arken 4,197]

Marriage certificate is the legal evidence of name change (maiden to married name) and the legal basis to use the married name in USCIS paperwork. Visit to other SS office will be fruitless.

[payxibka 10,045]

2 minutes ago, arken said:

Marriage certificate is the legal evidence of name change (maiden to married name) and the legal basis to use the married name in USCIS paperwork. Visit to other SS office will be fruitless.

As well as pointless,  aggravating and annoying 

[Pitaya 2,577]

SS office workers are often not the sharpest tools in the shed. Not much you can do now.

 

However, you can celebrate your visa accomplishment,  It is currently quite empty. Filling out your timeline helps everyone that uses the forum. It gives the VJ stats more validity.

 

Good luck on your immigration journey.

[mytruelove18 608]

I filled out all the forms in my married name, then when EAD arrived i went to ss and changed my name on my ss card

[K1visaHopeful 2,817]

1 hour ago, jimmatron said:

Is it worth trying another SS office or am I very likely to encounter the same problem? I feel like I have no legal basis for using the new married that on the AOS because I don't have any documents to support it. 😕

You DO have the ONLY document that matters and that's your marriage certificate because it has your name on it an legally she is allowed to elect to go by that name now.

 

[Ontarkie 14,226]

~~Moved to SSN, form AOS Family K1/K3 - As the question is about SSN's~~

[Rotnkid 33]

I guess it varies by state or perhaps the SSA offices. I applied in Virginia for my SSN and I did have my marriage certificate with me. I filled out the SSN application form in my maiden name as that is what the I-94 record had. While the lady was processing my application, I enquired when I can change the name to my married name and she said that I could do it when I submit a marriage certificate. I handed her my marriage certificate and she promptly made me change my last name on my application and processed it as such. I was a bit worried to tell her that I was married already as I have read on this  forum that after you are married the K1 visa is no longer valid and so they will not be able to issue the SSN until after EAD and things like that. Anyway I did get my SS card with my married name in the mail two weeks later. I was never given one with my maiden name. So it looks like the SSA functions differently everywhere 🙄. You could try another office if you are fine with taking the chance and going through the whole waiting thing at these offices. You never know; you could get lucky there. Good luck.