AOS Name change? when to do it?

[rafato 6]

Hello,  

when is the best time to file a change of name with the SSA after my fiance and I have gotten married?  She has received her social security card and we have gotten married but now we are in the AOS process so I am debating as to whether we should wait to file a name change until after we complete the AOS process?  When did everyone else do this?  

[HRQX 4,145]

16 minutes ago, rafaeltostado said:

When did everyone else do this?  

Was Form I-485, Form I-765, Form I-131, etc. already filed? Usually the new married name is used on those forms.

[rafato 6]

2 minutes ago, HRQX said:

Was Form I-485, Form I-765, Form I-131, etc. already filed? Usually the new married name is used on those forms.

No not yet, We dont want to wait for SSA to process the name change if we dont have.  We have the packet ready and we want to send the packet out ASAP since her Visa period has expired already. 

[HRQX 4,145]

2 minutes ago, rafaeltostado said:

We have the packet ready and we want to send the packet out ASAP since her Visa period has expired already. 

Ok, send it ASAP.

 

After she gets either EAD or GC with the married name then she'll go to SSA.

[K1visaHopeful 2,817]

Name change for immigrants happens by first changing your name that immigration has on file for you.

It is completed by filing AOS in the new name, waiting for one of the processes to be approved (which ever happens first out of I485 and I765) and then you can update the name on the SSN.

 

If you asked for a REPLACEMENT SSN to come automatically on the I765, it will come in the mail shortly after the Combo Card is received and will be in your married name since that's the name you applied for all of your AOS forms in. You'll still have to update that SSN card again once you receive your GC anyways to remove work restrictions. (If you read the I765 instructions carefully you'll see the section that says you can ask for a REPLACEMENT card on the I765. Ie. You don't have to simply fill it out to receive your first one but you can simply request a new card for the name change).

 

If you're lucky and you get the GC interview first, the SSN applied for on the I765 will be null and void as that application will cease processing and you'll instead go to SSA in person with your GC to both update the name on your SSN and remove the work restrictions too.

Edited July 19, 2021 by K1visaHopeful

[Ayrton 965]

1 hour ago, rafaeltostado said:

Hello,  

when is the best time to file a change of name with the SSA after my fiance and I have gotten married?  She has received her social security card and we have gotten married but now we are in the AOS process so I am debating as to whether we should wait to file a name change until after we complete the AOS process?  When did everyone else do this?  

 

If the I-94 is still valid, your spouse can just go back with the marriage certificate and apply for a new card with the new name, because the marriage certificate is dated after the visa.

 

Remember to fill out all the AOS forms with the new name.

[HRQX 4,145]

5 minutes ago, Ayrton said:

If the I-94 is still valid

OP's follow-up post above says that her I-94 "has expired already."

[Ayrton 965]

1 minute ago, HRQX said:

OP's follow-up post above says that her I-94 "has expired already."

Missed that. So only EAD/GC to update the name with SSA.

[rafato 6]

12 hours ago, K1visaHopeful said:

Name change for immigrants happens by first changing your name that immigration has on file for you.

It is completed by filing AOS in the new name, waiting for one of the processes to be approved (which ever happens first out of I485 and I765) and then you can update the name on the SSN.

 

If you asked for a REPLACEMENT SSN to come automatically on the I765, it will come in the mail shortly after the Combo Card is received and will be in your married name since that's the name you applied for all of your AOS forms in. You'll still have to update that SSN card again once you receive your GC anyways to remove work restrictions. (If you read the I765 instructions carefully you'll see the section that says you can ask for a REPLACEMENT card on the I765. Ie. You don't have to simply fill it out to receive your first one but you can simply request a new card for the name change).

 

If you're lucky and you get the GC interview first, the SSN applied for on the I765 will be null and void as that application will cease processing and you'll instead go to SSA in person with your GC to both update the name on your SSN and remove the work restrictions too.

Ahhh. That makes a lot more sense now.  Thanks for your help!  We will go ahead and correct our paperwork and submit the AOS packet 

[Timona 4,207]

4 hours ago, rafaeltostado said:

Ahhh. That makes a lot more sense now.  Thanks for your help!  We will go ahead and correct our paperwork and submit the AOS packet 

 

1. Did you change the name on the marriage certificate? Whether YES or No, SSN is your first stop. I did this. My friends also did this a month ago - basically, getting the name changed at SSO just so as to avoid the USCIS drama. SSN is currently taking 2 weeks to get this done and send replacement/ new SS with new name. 
2. Does she even have a SSN to begin with? Because if not, 1 above will not work. You will then have to go the long route, which I perceive to be long. But you will have to, as you have no choice. 

I would rather get the name fixed right from the go than have to deal with changing ALL USCIS documents later on.

 

[Timona 4,207]

16 hours ago, K1visaHopeful said:

Name change for immigrants happens by first changing your name that immigration has on file for you.

It is completed by filing AOS in the new name, waiting for one of the processes to be approved (which ever happens first out of I485 and I765) and then you can update the name on the SSN.

 

If you asked for a REPLACEMENT SSN to come automatically on the I765, it will come in the mail shortly after the Combo Card is received and will be in your married name since that's the name you applied for all of your AOS forms in. You'll still have to update that SSN card again once you receive your GC anyways to remove work restrictions. (If you read the I765 instructions carefully you'll see the section that says you can ask for a REPLACEMENT card on the I765. Ie. You don't have to simply fill it out to receive your first one but you can simply request a new card for the name change).

 

If you're lucky and you get the GC interview first, the SSN applied for on the I765 will be null and void as that application will cease processing and you'll instead go to SSA in person with your GC to both update the name on your SSN and remove the work restrictions too.

 

1. I do not agree with this. The name used while filing AOS have to be legal name...this can first be done by trip to SSO after marriage, if it was not immediately changed on the marriage certificate. After getting the SSN with new name, you can use that as proof will AOSing. This will only work if beneficiary had been issued a prior SSN.
2. If it was changed on the MC, then I agree with your method. They can use new name while filing AOS from the start as they can submit MC as proof.
3. If OP did not do the above 2, then I believe they have to file with current name as they have no proof of legal name change (SSN or MC). They will then follow you method after getting EAD/AP/ GC, whichever comes first.

In all essence, you cant just write any name without proof.

I stand corrected.

[Ayrton 965]

3 hours ago, Timona said:

 

1. I do not agree with this. The name used while filing AOS have to be legal name...this can first be done by trip to SSO after marriage, if it was not immediately changed on the marriage certificate. After getting the SSN with new name, you can use that as proof will AOSing. This will only work if beneficiary had been issued a prior SSN.
2. If it was changed on the MC, then I agree with your method. They can use new name while filing AOS from the start as they can submit MC as proof.
3. If OP did not do the above 2, then I believe they have to file with current name as they have no proof of legal name change (SSN or MC). They will then follow you method after getting EAD/AP/ GC, whichever comes first.

In all essence, you cant just write any name without proof.

I stand corrected.

The marriage certificate is a name change document accepted by USCIS. That's true even if the marriage certificate doesn't list the new last name (some states have a field for new last name, some don't). There's no need to update the SSC before filing for AOS with the new name.

 

The same applies to the SSA. You don't need to update your name with immigration before changing the name on the SSC, as long as the name change document is dated after the last issued immigration document they have, and their status is current.

[Marieke H 2,512]

3 hours ago, Timona said:

 

1. I do not agree with this. The name used while filing AOS have to be legal name...this can first be done by trip to SSO after marriage, if it was not immediately changed on the marriage certificate. After getting the SSN with new name, you can use that as proof will AOSing. This will only work if beneficiary had been issued a prior SSN.
2. If it was changed on the MC, then I agree with your method. They can use new name while filing AOS from the start as they can submit MC as proof.
3. If OP did not do the above 2, then I believe they have to file with current name as they have no proof of legal name change (SSN or MC). They will then follow you method after getting EAD/AP/ GC, whichever comes first.

In all essence, you cant just write any name without proof.

I stand corrected.

1. In my case, and many other K-1 cases, the Social Security office would not change the name on the Social Security card after marriage, because the information you provide them (new name, married status) does not match with what they find in the system from immigrations. Once the EAD or green card is approved in the new name, the system is updated and you can update your Social Security card.

2. Not all states have the option to change a name on a marriage certificate. Mine just shows both of our names before marriage, and there is no option to write in what the new name will be. That marriage certificate was still sufficient to change my last name to my husband's name and make my maiden name my middle name. The marriage certificate is proof of legal name change; you just need to be consistent with the new name you are using. You are not "writing any name without proof", you are taking your spouse's last name that is on the marriage certificate; that is sufficient proof.

3. A marriage certificate is proof of legal name change, even if it does not specify what the married name will be.

 

I filed my AOS/EAD/AP in my new married name (my SS card still had my maiden name), and I included my maiden name under "previous names used" in the forms. My EAD/AP arrived in my married name. Then I went to the Social Security office to have my name changed on my SS card, using my EAD/AP as proof of status and name, plus my marriage certificate. I have had zero issues. It takes a while, but everything in this immigration process takes time.

 

Edit: What @Ayrton said in a much more concise way...

Edited July 19, 2021 by Marieke H

[arken 4,197]

3 hours ago, Timona said:

 

1. I do not agree with this. The name used while filing AOS have to be legal name...this can first be done by trip to SSO after marriage, if it was not immediately changed on the marriage certificate. After getting the SSN with new name, you can use that as proof will AOSing. This will only work if beneficiary had been issued a prior SSN.
2. If it was changed on the MC, then I agree with your method. They can use new name while filing AOS from the start as they can submit MC as proof.
3. If OP did not do the above 2, then I believe they have to file with current name as they have no proof of legal name change (SSN or MC). They will then follow you method after getting EAD/AP/ GC, whichever comes first.

In all essence, you cant just write any name without proof.

I stand corrected.

 

One can file for AOS with the new married name. The marriage certificate itself is the proof whether it lists the maiden name or married name. One doesn't need to go to SSO or change name on the marriage certificate to use the new married name on the AOS package. The GC and EAD will be issued with new name which then  can be used to get SSN under the new name.

 

 

 

 

 

[Ayrton 965]

2 minutes ago, Marieke H said:

1. In my case, and many other K-1 cases, the Social Security office would not change the name on the Social Security card after marriage, because the information you provide them (new name, married status) does not match with what they find in the system from immigrations. Once the EAD or green card is approved in the new name, the system is updated and you can update your Social Security card.

 

Unfortunately that's an issue a lot of people face, even though their instructions says the opposite. You didn't need to wait for GC or EAD to change the name with SSA, as long as your I-94 was still valid. After that, yes, EAD/GC is needed.

 

In my case, I changed my name in the court after my EAD was issued with my old name. I was able to change my name in my SSC, by just sending the court order and the EAD with the old name (and a copy of their instructions to make sure they wouldn't deny it again).