AOS from B2: Name Change After Marriage

[Wings20 0]

Hi Everyone,

 

We are about to submit our paperwork for AOS from B2 Visa. What is the most practical way of doing a last name change after marriage (in terms of timing and cost)?

 

• Can we do it while AOS is being processed or is it better to do it after getting the green card?
• What costs and/or forms are needed for a name change? (We live in Maryland but got married in DC)
• Any other tips/considerations

 

Thanks!

[Crazy Cat 42,298]

Your name change is done. Your marriage certificate, itself,  is a legal name change source document.  Just fill out the Adjustment of Status forms with your new name, and start using your new name. https://www.courts.state.md.us/clerks/calvert/faqsmarriage

Edited May 23, 2021 by Lucky Cat

[Chancy 6,243]

13 hours ago, Wings20 said:

We live in Maryland but got married in DC

 

@Lucky Cat already addressed the AOS-related process.  Although you do not need a new passport to file AOS in your married name, if you do want to change the name on your passport later on, you will need to file Report of Marriage with the Philippine embassy in DC -- https://philippineembassy-usa.org/report-of-marriage-application-by-mail/

 

[Wings20 0]

Thanks @Lucky Cat and @Chancy!

 

I have one more question about the Middle Name...

 

For the AOS forms, can I use New Name Option #1 below?

 

My Current Name (fictional):

First Name + Middle Name (Mother) + Last Name (Father)

Jane Madre Cruz (or Jane M. Cruz - marries John Smith)

 

New Name Options (#1 is my preference):

1) First Name + Middle Name (Father) + Last Name (Husband)

Jane Cruz Smith (or Jane C. Smith)

2) First Name + Middle Name (Mother) + Last Name (Father Husband)

Jane Madre Cruz Smith (or Jane M. Cruz Smith)

3) First Name + Middle Name (Mother) + Last Name (Father-Husband) [hyphenated]

Jane Madre Cruz-Smith (or Jane M. Cruz-Smith)

 

I read mixed views for Philippine spouses. If we use #1, would we encounter potential issues in the future (i.e. with U.S./Phil docs or IDs, etc.)?

 

 

[Chancy 6,243]

5 hours ago, Wings20 said:

I read mixed views for Philippine spouses. If we use #1, would we encounter potential issues in the future (i.e. with U.S./Phil docs or IDs, etc.)?

 

You will have no problem using option #1 on your Philippine IDs and documents because that name format is explicitly defined under Philippine law.  The important bit is to file ROM and renew your passport with your preferred married name.  No ROM = no name change on PH passport.

 

As for your US IDs, the rules in your state may affect whether you would have issues with option #1 or not.  Some states do not allow change of middle name without a court order.  I suggest you consult with someone familiar with the rules in Maryland.

 

Remember though that USCIS and SSA are federal agencies and have their own rules on name change after marriage.  USCIS should have no problem using option #1 for your name on your EAD and GC.  (I can't guarantee this from personal experience though, only from looking up the published rules.  Refer to the links below.)

 

Anyway, the key action for you is to file your AOS paperwork using your preferred name.  Then SSA will use whatever name is listed on your EAD or GC.  Once you have your SSA card, apply for your DL or state ID.  Most state DMVs will only issue IDs matching the name on the SSA card.

 

Here are the relevant federal agency regulations for your reference --

 

USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

"For purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either [...]  Construction of foreign names varies from culture to culture."

 

Department of State FAM referenced by the above USCIS page -- https://fam.state.gov/FAM/08FAM/08FAM040301.html

"Acceptable Name Changes by Marriage [...]

Added the spouse's last name(s) and used her/his current last name as a middle name"

 

SSA POMS -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212001

"A foreign-born person’s legal name is the name shown on his or her immigration document"