Changing Name Once Married in the US on a K-1 Visa

[Edward&Lily 29]

Hello,

So my fiancé and I are in the process of getting our K-1 visa. We have an approval estimate of December 2021. I am British and my fiancé is American. As soon as I have the visa in my passport, I plan to go over there and get married as soon as possible. I want to take the last name of my future husband and was wondering how the name change affects the whole chain of status once I am over there? Has anyone from the UK done this and how did you do it? Any tips etc would be greatly appreciated!

My passport and fiancé visa will be in my maiden name so I’m just wondering how it all works and how I go about getting my name changed on these documents once I am married. Thanks for the help and guidance  xxx

[Dashinka 24,494]

When you file for your AOS (I485 package), you should fill it out with your desired name using the future marriage certificate as the legal basis for that change.  When you do that, your eventual green card (and AP/EAD cards if you apply for those as well) will come with your new desired name, then you can make any changes on a US driver's license or social security card (you should apply for the SSC soon after your arrival from the K1 entry).  As to changing your name on your UK passport, I am not up on that, I am not sure how easy it is to do that.  Can you do it with just the marriage certificate, or do you need to wait for the GC.  In my wife's case, she has not changed her name on her foreign (Russian) passport as it is very difficult and requires the national ID name change first, so she has two passports with different names and keeps a copy of the marriage certificate with her when traveling.  She has not had any issues.

 

Good Luck!

 

 

[Crazy Cat 41,848]

It is recommended that you apply for a Social Security number before marriage in your maiden name.  Then, once you are married, the marriage certificate serves as a legal name change document.  You can then start using your married name for everything.  

[Chancy 6,241]

2 hours ago, Edward&Lily said:

As soon as I have the visa in my passport, I plan to go over there and get married as soon as possible. I want to take the last name of my future husband and was wondering how the name change affects the whole chain of status once I am over there?

 

Before you get married, I strongly recommend you apply for SSN first, if you don't have one already.  Ask your fiance to book an appointment at the local SSA office for you.  We have reports here on VJ of K1 visa holders having trouble getting SSN during their 76-day window when they apply only after getting married.

 

After applying for SSN, yes, do get married as soon as you can.  No need to wait for your SSN.  Once you have your marriage certificate, that will serve as your legal name change document.  Use your married name on all the forms for Adjustment of Status, listing your maiden name under the sections for "Other Names Used".

 

Assuming you're able to get an SSN in your maiden name, you may book another appointment at the local SSA office to get a replacement card listing your married name.  Bring your marriage certificate.

 

[Edward&Lily 29]

29 minutes ago, Crazy Cat said:

It is recommended that you apply for a Social Security number before marriage in your maiden name.  Then, once you are married, the marriage certificate serves as a legal name change document.  You can then start using your married name for everything.  

Thank you for your insight! I already have a social security number as I worked in the US for a year after graduating - do I need to reinstate this or do anything when I arrive in the US with my K1 visa with this existing social security card?

[Mike E 11,739]

21 minutes ago, Edward&Lily said:

Thank you for your insight! I already have a social security number as I worked in the US for a year after graduating - do I need to reinstate this or do anything when I arrive in the US with my K1 visa with this existing social security card?

Your SSN is forever 

 

After  get a green card you might want to get an SS card that drops the “not valid for work” wording.  But only of you can do it without mailing your green card.  

[Dashinka 24,494]

39 minutes ago, Edward&Lily said:

Thank you for your insight! I already have a social security number as I worked in the US for a year after graduating - do I need to reinstate this or do anything when I arrive in the US with my K1 visa with this existing social security card?

No you are fine with the SSN you already have.  So in this case, you don't have to worry about doing that when you arrive on the K1 and can focus on the more important part, getting married and filling out the I485/I765/I131/I864 package with your new married name.  When you get your GC in your new married name, you then will need to update the SSA, and they will issue a new card with your new name and the "Authorized for Work" statement will be gone.

 

Good Luck!

[Wuozopo 4,293]

6 hours ago, Edward&Lily said:

My passport and fiancé visa will be in my maiden name so I’m just wondering how it all works and how I go about getting my name changed on these documents once I am married. Thanks for the help and guidance

You don’t need to change anything on the visa name. Your K1 is invalid once you use it to enter the US. Visa time is over and the AOS process is a new game. As others have said, start the new game in your married name. 
 

As to your British passport, you can continue to use that for travel as long as you book your ticket in the name on the passport. It just goes smoother at the airline counter when the passport and ticket names match.
 

To change your British passport name, you will have to mail your passport back to the UK. So before you let go of your passport, consider that it will be your primary form of photo ID in the US for awhile.  You’ll need it at your biometrics appointment, to get a bank account, and things such as that.  Most states will not issue you a driver license or State ID until you have an EAD card or greencard.  One plan might be hang on to you passport until you have completed your AOS biometrics, received your EAD card, gone to Social Security to change name (after EAD received), received your FL driver license or State ID (they seem to require SS card in current name)…then in the long wait for an AOS interview you can probably do without your UK passport for a month or two. It’s hard to pick out a good time to do without your primary photo ID until you get some other ID like an EAD card or driver license. 
 

Information links:
 

Passport process from the US https://www.gov.uk/overseas-passports

 

Florida DL or ID before greencard (nonimmigrant) https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

 

Florida DL or ID after greencard (immigrant) https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

[powerpuff 6,697]

~Moved from K1 Visa Forum to Moving to the US and your New Life in America - this is to do with name change process in the US after getting a K1 visa~

[Kanja 201]

Hello,

 

seems like a similar situation my  sister in law  is going through and I wonder if anyone can provide context. 
 

she applied and received her social security number soon after she entered on k1 visa.

 

yesteday she had an appointment to change name. However , the agent told her she can’t change name until she has her green card with her married name. This doesn’t sound right, she didn’t feel empowered to advocate for herself and I had to wait in the car. Is this correct? If not, who do we speak to when making another appointment to make sure this doesn’t happen at her next appointment. 

[Wuozopo 4,293]

1 hour ago, Kanja said:

Hello,

 

seems like a similar situation my  sister in law  is going through and I wonder if anyone can provide context. 
 

she applied and received her social security number soon after she entered on k1 visa.

 

yesteday she had an appointment to change name. However , the agent told her she can’t change name until she has her green card with her married name. This doesn’t sound right, she didn’t feel empowered to advocate for herself and I had to wait in the car. Is this correct? If not, who do we speak to when making another appointment to make sure this doesn’t happen at her next appointment. 

Her POE entry with her maiden name is recorded in the USCIS database called SAVE. Social Security must check with immigration (SAVE database) and issue her card to match her USCIS name. When she gets her EAD or greencard approved, then USCIS will put the new married name in the SAVE database (if she applied for her greencard in the married name).  Then Social Security will find the married name and can change her Social Security card to match.

 

 

Edited April 1, 2022 by Wuozopo