USCIS and SSA Changing Name due to 2nd Marriage

[ThePeck 0]

Me (US Citizen) and my Husband (Resident) just got married. He's been here for 8 years and has his resident card. He had divorced about 2 years ago. So he's in the process of changing his name to mine. And we're getting conflicting information.

 

we thought him changing his SSA name was first. Told first to send in the marriage certified copy and his drivers license. Didn't work. Then the SSA told us that he had to include his resident card with the application. We haven't done that yet. But today I called again today to the SSA to verify the requirements. Now we're being told by the SSA that he can't send in his resident card (He's legally required to be in possession of it at all times) and that he has to change that we're married to USCIS before they can do a name change. Even the lawyer that did his divorce said that he needed to do SSA first then USCIS and passport. He's had all the conditions released also.

 

Any one have experience with doing this with a Spouse that is a resident? And the process? Thanks!

 

Sorry if this should have been put in the general thread but thought this was kind of relevant because it's a family change.

[Chancy 6,241]

28 minutes ago, ThePeck said:

Now we're being told by the SSA that he can't send in his resident card (He's legally required to be in possession of it at all times) and that he has to change that we're married to USCIS before they can do a name change.

 

Unfortunately, the SSA agent you talked to was misinformed.  I suggest you ask for a supervisor or try calling a different SSA office.  If necessary, cite the SSA policies/memos below.

 

To change the name on the SSN card, the evidence required are the GC and marriage certificate, assuming the wedding occurred after the GC was issued.  The marriage certificate is evidence of legal name change.  No need to inform USCIS about the new marriage.  The relevant SSA policies are:

• RM 10212.001 Defining the Legal Name for an SSN -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212001
• RM 10212.010 Evidence of a Name Change on the SSN -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212010

Quote

Foreign born individual

A foreign-born person’s legal name is the name shown on his or her immigration document (includes hyphens and apostrophes).

The only time you may process an SSN application in a name that does not agree with the name shown on the immigration document is if the person legally changed his or her name after the immigration document is issued. In these situations, the legal name is the name shown on the evidence of the name change.

 

Your husband must book an appointment at an SSA office to apply for the name change in person.  As a non-citizen, he is entitled to an in-person appointment to present his GC --

• EM-21041: Express Interviews for Evidence and Enumeration Actions -- https://secure.ssa.gov/apps10/reference.nsf/links/05262021015248PM
• EM-21056: In-Office Appointments Guidance -- https://secure.ssa.gov/apps10/reference.nsf/links/09082021124856PM

[Chancy 6,241]

*** Moved from Effects of Major Family Changes on Immigration Benefits forum to SSN forum, where topics related to name change on SSN card are discussed ***