Changing name? Biometrics soon

[prettylilraindrop 3]

Hi, so first of all I asked this question a few months ago, but upon reading more about this subject I’ve become even more confused. 
 

so firstly, I’m an idiot and didn’t ever realise that when I change my name, I needed to change it as soon as we got married, in the marriage certificate. So because of this I’ve also filled out all AOS paperwork and EAD etc in my maiden name. So anyway I now have my biometrics appointment and they’ve given me paperwork to fill out, obviously one of these is to fill out my name. When I asked this before people suggested asking them at my interview, so do I have to wait for this and just receive my EAD and other docs in my maiden name then have the possibility of changing it later at my green card interview? Or is there anything I can do in the meantime to get it changed, at a courthouse or anything? I assumed not as they would surely need SSN which I don’t have yet? 
 

This is all really confusing and I know I made a mistake but I really just want my name changed ASAP and hate the thought of having to pay later to change everything on the GC. I know people were suggesting before if your name has changed to bring a copy of marriage certificate to show that, but my marriage certificate is also in my maiden name so that doesn’t prove anything. 
 

Any help would be appreciated and thank you for reading all this! 

[Ayrton 965]

51 minutes ago, prettylilraindrop said:

Hi, so first of all I asked this question a few months ago, but upon reading more about this subject I’ve become even more confused. 
 

so firstly, I’m an idiot and didn’t ever realise that when I change my name, I needed to change it as soon as we got married, in the marriage certificate. So because of this I’ve also filled out all AOS paperwork and EAD etc in my maiden name. So anyway I now have my biometrics appointment and they’ve given me paperwork to fill out, obviously one of these is to fill out my name. When I asked this before people suggested asking them at my interview, so do I have to wait for this and just receive my EAD and other docs in my maiden name then have the possibility of changing it later at my green card interview? Or is there anything I can do in the meantime to get it changed, at a courthouse or anything? I assumed not as they would surely need SSN which I don’t have yet? 
 

This is all really confusing and I know I made a mistake but I really just want my name changed ASAP and hate the thought of having to pay later to change everything on the GC. I know people were suggesting before if your name has changed to bring a copy of marriage certificate to show that, but my marriage certificate is also in my maiden name so that doesn’t prove anything. 
 

Any help would be appreciated and thank you for reading all this! 

You first need to check if there is a field on the marriage certificate for the new last name. If there is and you didn't fill out the new last name, you will need a court order to change your name. If there's no field for that, you can just try calling USCIS to get it updated on the EAD before it gets approved.

[JeanneAdil 6,704]

Actually for the state of South Carolina (only for the state)  just start using your new last name

for SS card or state ID or driving licence,   take any old card to appropiate office with marriage certificate

No court order needed

my gf did not change hers in SC till she had kids and it was easier when they started to attend school

for USCIS do as the above says

[Wuozopo 4,293]

@prettylilraindrop

Your  marriage certificate does not have to say your choice of names after marriage. Many states don’t. If you are SUE BROWN and your certificate says you married JAMES BOND, then it is perfectly alright to call yourself SUE BOND as soon as you are pronounced married. Bam! Your name is changed and that piece of paper is your proof. You can’t make up some new name out of the blue like Sue Waterloo because there is no reference of that name on your marriage certificate, but using the surname BROWN or BOND is ok. You can go introduce yourself as Sue Bond and get your bank account as Sue Bond because you have a paper that says you married JAMES BOND.  He can add you to his health insurance as SUE BOND or a credit card. It’s legal. 
 

As a K1, you entered with a Sue Brown passport and visa. That is the name USCIS has in their SAVE database for you.

As a K1, you have 76 days to get a SSN. It will have to be in the name on your visa because that’s how you entered. USCIS is stricter about names because it’s an immigration process. You checked in as as unmarried Sue Brown so your first SSN has to match USCIS records. If you missed that window because of closures, then your next chance for a SSN  is when you get the EAD card. 

 

You applied for AOS/EAD/AP as SUE BROWN (maiden). As you have learned you could have filled out all the forms as SUE BOND (married) and supplied the marriage certificate that shows you married Mr. BOND. But you didn’t so you are on track to get AOS/EAD/AP cards in the maiden name. And furthermore that will remain your USCIS immigrant listing in the SAVE database, so your Social Security card and driver’s license will have to match. This is because you are an immigrant and SS and DMVs have to check your immigration status and match. 
 

NOW if you manage to change your immigration applications before those are issued and get SUE BOND on them, as soon as those are issued, the USCIS changes you in the SAVE database from Sue Brown the K1 visa girl to Sue Bond the permanent resident greencard person. Then the DMV and Social Security would look you up and find Sue BOND and issue your SSN and license the same. It’s like you moved up a step in the immigration ladder so have a revised listing in the SAVE database.

 

Those are all strictly tied to immigration but you can still be Sue Bond (married)  at Starbucks or at the gym or on a credit card. Use of a name is not a set in stone one day it changes. It’s kinda flexible except in the immigration world. 
 

So I hope this helps your confusion. Mostly I wanted you to understate why on your current track you will,not be able to get a SSN or driver license in your married name unless somebody there just doesn’t know the rules. I don’t know how to accomplish fixing your mistake on the applications in mid-process. You may be stuck until after greencard and have to pay to change. That in itself can take ages. 

 

 

 

 

 

Edited August 15, 2020 by Wuozopo

[Ayrton 965]

13 minutes ago, Wuozopo said:

@prettylilraindrop

Your  marriage certificate does not have to say your choice of names after marriage. Many states don’t. If you are SUE BROWN and your certificate says you married JAMES BOND, then it is perfectly alright to call yourself SUE BOND as soon as you are pronounced married. Bam! Your name is changed and that piece of paper is your proof. You can’t make up some new name out of the blue like Sue Waterloo because there is no reference of that name on your marriage certificate, but using the surname BROWN or BOND is ok. You can go introduce yourself as Sue Bond and get your bank account as Sue Bond because you have a paper that says you married JAMES BOND.  He can add you to his health insurance as SUE BOND or a credit card. It’s legal. 

 

That's not true for every state though. My marriage license specifically asked for the new last name, and I was told by them that if I left it blank and later wanted to use my spouse's last name I would have to go to the court. I chose not to change so my marriage certificate doesn't have anything under new last name and there's a box checked saying that my last name is the same as before. That's for NY. 

 

 

Edited August 15, 2020 by Ayrton

[Wuozopo 4,293]

39 minutes ago, Ayrton said:

That's not true for every state though. My marriage license specifically asked for the new last name, and I was told by them that if I left it blank and later wanted to use my spouse's last name I would have to go to the court. I chose not to change so my marriage certificate doesn't have anything under new last name and there's a box checked saying that my last name is the same as before. That's for NY. 

 

 

Yes, I understand that some states have that. It was my perception that the OP thought if her new name wasn’t written out on the certificate, no matter which state, then It didn’t change her name. She might not have had the option in her state. It is still a name change document without a name specified in those states.

[Ayrton 965]

1 minute ago, Wuozopo said:

Yes, I understand that some states have that. It was my perception that the OP thought if her new name wasn’t written out on the certificate, no matter which state, then It didn’t change her name. She might not have had the option in her state. It is still a name change document without a name specified in those states.

Exactly, that's why I told OP to check what their marriage certificate says. If it's the same as mine, they will need a court order.

[prettylilraindrop 3]

On 8/15/2020 at 7:49 PM, Ayrton said:

Exactly, that's why I told OP to check what their marriage certificate says. If it's the same as mine, they will need a court order.

 

 

On 8/15/2020 at 6:29 PM, Wuozopo said:

@prettylilraindrop

Your  marriage certificate does not have to say your choice of names after marriage. Many states don’t. If you are SUE BROWN and your certificate says you married JAMES BOND, then it is perfectly alright to call yourself SUE BOND as soon as you are pronounced married. Bam! Your name is changed and that piece of paper is your proof. You can’t make up some new name out of the blue like Sue Waterloo because there is no reference of that name on your marriage certificate, but using the surname BROWN or BOND is ok. You can go introduce yourself as Sue Bond and get your bank account as Sue Bond because you have a paper that says you married JAMES BOND.  He can add you to his health insurance as SUE BOND or a credit card. It’s legal. 
 

As a K1, you entered with a Sue Brown passport and visa. That is the name USCIS has in their SAVE database for you.

As a K1, you have 76 days to get a SSN. It will have to be in the name on your visa because that’s how you entered. USCIS is stricter about names because it’s an immigration process. You checked in as as unmarried Sue Brown so your first SSN has to match USCIS records. If you missed that window because of closures, then your next chance for a SSN  is when you get the EAD card. 

 

You applied for AOS/EAD/AP as SUE BROWN (maiden). As you have learned you could have filled out all the forms as SUE BOND (married) and supplied the marriage certificate that shows you married Mr. BOND. But you didn’t so you are on track to get AOS/EAD/AP cards in the maiden name. And furthermore that will remain your USCIS immigrant listing in the SAVE database, so your Social Security card and driver’s license will have to match. This is because you are an immigrant and SS and DMVs have to check your immigration status and match. 
 

NOW if you manage to change your immigration applications before those are issued and get SUE BOND on them, as soon as those are issued, the USCIS changes you in the SAVE database from Sue Brown the K1 visa girl to Sue Bond the permanent resident greencard person. Then the DMV and Social Security would look you up and find Sue BOND and issue your SSN and license the same. It’s like you moved up a step in the immigration ladder so have a revised listing in the SAVE database.

 

Those are all strictly tied to immigration but you can still be Sue Bond (married)  at Starbucks or at the gym or on a credit card. Use of a name is not a set in stone one day it changes. It’s kinda flexible except in the immigration world. 
 

So I hope this helps your confusion. Mostly I wanted you to understate why on your current track you will,not be able to get a SSN or driver license in your married name unless somebody there just doesn’t know the rules. I don’t know how to accomplish fixing your mistake on the applications in mid-process. You may be stuck until after greencard and have to pay to change. That in itself can take ages. 

 

 

 

 

 

Thank you both for your help! I've had a look on my marriage certificate, it only has both our names on it, but there's no option for a tick box like Wuozopo image showed so I assume the marriage certificate itself would provide proof of the name change as you described? If so, I guess that's at least one good thing, I just wish I had done the paperwork right at the start to fix all of this. Do you think it would be worth calling USCIS to see of the name could be changed at this point in the process, or do you think a better option would be to wait until I have my employment and travel authorisation docs and then try and get it changed before the green card stage, as I know this takes longer and there is an interview beforehand?

 

Thanks again guys!

[Wuozopo 4,293]

5 hours ago, prettylilraindrop said:

Do you think it would be worth calling USCIS to see of the name could be changed at this point in the process, or do you think a better option would be to wait until I have my employment and travel authorisation docs and then try and get it changed before the green card stage, as I know this takes longer and there is an interview beforehand?

Pass. I don’t read AOS forums enough to know what kind of things people have actually accomplished with changing an application name after submission.