Name Change Gone Wrong -- SSA Made Mistake

[LTUSTeam 0]

Hi all,

 

I am the petitioner.

 

We were waiting to file our entire package (I-130, I-485, etc) until I got my new social security card that reflected my name change so that we had at least one document with my married legal name (haven't been able to change my Driver's License/Bank Accounts without my social security card reflecting my married name). However, I just received my social security card and they spelled my new last name wrong. I thought it was a mistake on my part, but the SSA mailed back our marriage certificate and I have a copy of the name change application, all of it with the correct spelling. I am not sure how they misspelled my new last name.

 

Is it worth sending in a copy of incorrect social security card with our AoS package with a copy of a new application to correct the spelling? Is the marriage certificate enough to show proof of name change?

 

Additionally, my husband's work visa expires December 1, 2020 (this Tuesday). I know we really cut it close with planning to submit on November 30th... Would it be OK to file after Dec. 1st? Would I need to include a letter explaining why we are filing after his work visa expired?

 

Thanks for your help!

 

All best,

Joanna

[HRQX 4,145]

1 hour ago, LTUSTeam said:

Is the marriage certificate enough to show proof of name change?

Yes.

1 hour ago, LTUSTeam said:

Would it be OK to file after Dec. 1st?

Only if you are a US citizen: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.