Applying for SSN before filing for AOS

[Evert - Thao 4]

Hi, 

 

My fiancee came to the States this month and we just got married nearly 3 weeks ago. Our marriage certificate writes her maiden last name only. However, she wished to change her last name to mine, hence she filed for a social security number and get her last name changed before filing for AOS. Is this the correct way to do this? Our application for her SSN card was sent one week ago but she has not heard anything yet from the Social Security Office. How long would we have to wait for her to have an appointment for her SSN card? We are based in North Carolina by the way. 

 

Thank you  all for your help.

 

[powerpuff 6,697]

~ Moved from AOS from K1/K3 to SSN forum as the question pertains to SSN ~
 

I wish you came to VJ to ask your questions before you filed for her SSN in her new married name as now you will have delays and might not receive your SSN in time before day 75 of the 90 days. 
 

Her SSN application will be denied because it won’t match the records of USCIS (which has her maiden name at this point). The correct way would be to apply for SSN in her maiden name so the records would match and down the line when you receive EAD/GC, she would go back and change her name with SSA.
 

You do not need SSN to file for AOS. She can file anytime and she would apply for that in her new married name and put her maiden name in the “other names used” field. The marriage certificate already has your name on it, hence it will be accepted as a name change document. 

Edited October 25, 2021 by powerpuff

[Evert - Thao 4]

Hi,

 

The marriage certificate writes her maiden name. When she applied for SSN using the form SS-5, she filled in the "Full name at birth" with her maiden name, and "Name to be shown on card" with the name she wishes to have (which has my last name). Was is the wrong way to do it? 

 

For filing AOS, is it correct that we should write her maiden name only as her new married name is not a legal name yet?

 

Thank you.

[powerpuff 6,697]

16 minutes ago, Evert - Thao said:

The marriage certificate writes her maiden name. When she applied for SSN using the form SS-5, she filled in the "Full name at birth" with her maiden name, and "Name to be shown on card" with the name she wishes to have (which has my last name). Was is the wrong way to do it? 

You should have put her maiden name in “Name to be shown on card”. Again, USCIS does not have her married name, only her maiden name. Therefore, when SSA office will try to verify her identity/immigration status, the verification check will fail. 
 

16 minutes ago, Evert - Thao said:

For filing AOS, is it correct that we should write her maiden name only as her new married name is not a legal name yet?

You’re not understanding what I said. Her married name IS ALREADY HER LEGAL NAME. Your marriage certificate IS proof of her name change because your name (as her spouse) is already in there. She should start from this point on using her married name because it’s her legal name and your marriage certificate is proof of her legal name change, even if it only lists her maiden name.  
 

Again to make this crystal clear - your name as a spouse is on the marriage certificate. Consequently, she would be using your last name as her new legal name even if it doesn’t explicitly state her name + her new last name.  Your last name as her spouse is already on it and logically that’s the new last name she took. 

Edited October 25, 2021 by powerpuff

[Evert - Thao 4]

We called the SS office that we sent out documents to, and they said it is fine to write her married name like that as long as she sends a copy of her marriage certificate. Thank you for your help though.