Name change

[tahm 19]

Hello. I'm in the U.S (PA) with a K1 visa. I just got married (using my maiden's name) and on the marriage license there was nothing about changing names. It was also not asked if we wanted to change it at the application time, or marriage ceremony.
I would like to change my last name to my husband's, and I haven't filled AOS or SSN yet. How can I legally change my name? Do I just fill out AOS and SSN with the new marriage name even if on the marriage license my name is the maiden's name? Is that legal? 

[Crazy Cat 41,850]

Your marriage license  CERTIFICATE serves as a legal name change document.  Just start using your new name and fill in your adjustment of status forms using your new name as well.

Edited December 14, 2021 by Crazy Cat

[Dashinka 24,494]

Fill out the AOS forms with your desired last name and add your former name in the appropriate "Other Names Used" section.  Once you get the EAD/AP combo card or the GC, then you can go and change your name on the SS Card.  The marriage certificate is accepted by USCIS as a legal name change document regardless of the format. Our marriage certificate was similar with no specific section for a name change, but my wife changed her last name when she filed the AOS forms.

 

Good Luck!

[arken 4,197]

15 minutes ago, tahm said:

Do I just fill out AOS and SSN with the new marriage name even if on the marriage license my name is the maiden's name? Is that legal?

Yes. The marriage certificate itself is the proof of name change.

Remember you need the certified marriage certificate after it's been logged in at the local government body. Using the license used for the marriage doesn't work. Some office may give you the same day while some in several months.

 

 

[Crazy Cat 41,850]

6 minutes ago, arken said:

Yes. The marriage certificate itself is the proof of name change.

Remember you need the certified marriage certificate after it's been logged in at the local government body. Using the license used for the marriage doesn't work. Some office may give you the same day while some in several months.

 

 

Thanks.  I accidentally stated "license" instead of certificate.  

[JeanneAdil 6,505]

By all means do it with the AOS proceedure

otherwise u have to file a I 90 to change it later and who wants to do more forms for immigration?

or wait till naturalization 

 

easier to do it now

[LJVotolato 13]

On 12/14/2021 at 8:04 AM, Crazy Cat said:

Your marriage license  CERTIFICATE serves as a legal name change document.  Just start using your new name and fill in your adjustment of status forms using your new name as well.

Just to confirm, even though all my legal documents (passport, etc.) say my maiden name, I should include the soon-to-be changed married name in all my applications (485, travel authorization, employment..)? Is there any reference to this on USCIS or is this just common knowledge? Thank you!

On 12/14/2021 at 8:18 AM, JeanneAdil said:

By all means do it with the AOS proceedure

otherwise u have to file a I 90 to change it later and who wants to do more forms for immigration?

or wait till naturalization 

 

easier to do it now

Just to confirm, even though all my legal documents (passport, etc.) say my maiden name, I should include the soon-to-be changed married name in all my applications (485, travel authorization, employment..)? Is there any reference to this on USCIS or is this just common knowledge? Thank you!

[Crazy Cat 41,850]

7 minutes ago, LJVotolato said:

Just to confirm, even though all my legal documents (passport, etc.) say my maiden name, I should include the soon-to-be changed married name in all my applications (485, travel authorization, employment..)? Is there any reference to this on USCIS or is this just common knowledge? Thank you!

 

Once you have changed your name via a legal name change document (such as a marriage certificate), you should start changing all your legal documents to reflect your changed legal name.  Thus, you should enter your new name (if that is the name you intend to use) on your I-485 package and associated documents.  Then, your green card, for example, will list your legal name.  

 

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

 

[LJVotolato 13]

5 minutes ago, Crazy Cat said:

Once you have changed your name via a legal name change document (such as a marriage certificate), you should start changing all your legal documents to reflect your changed legal name.  Thus, you should enter your new name (if that is the name you intend to use) on your I-485 package and associated documents.  Then, your green card, for example, will list your legal name.  

 

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

 

Thanks, I'm picking up my marriage certificate next week and will use that name although I'm a bit confused as when I requested the name change on the marriage LICENSE, they said I would need to do it after I get married to a different entity (Orange Country). I guess I'll see what name is on the marriage certificate and use that (we had to put the new desired name on the license so I'm hoping that will be reflected despite the previous sentence). However, if it's my maiden name, I don't want to delay the green card process so I assume I'll put my maiden name on the AOS forms and change my last name AFTER I receive the green card correct?

[Crazy Cat 41,850]

3 minutes ago, LJVotolato said:

so I assume I'll put my maiden name on the AOS forms and change my last name AFTER I receive the green card correct?

The marriage certificate changes your name if you want to use it......The fact that you are married changes the name....not the format of your name on the certificate.  I would NOT fill in the AOS forms with a maiden name.....unless you want to use that name in the future.

[Crazy Cat 41,850]

Notice the rest of the paragraph I highlighted.  USCIS allows you to use ANY combination of the names on the marriage certificate.  

"Or any form of either"

 

If your marriage certificate lists "Mary Jones" and "Donald Wellington", the AOS forms could be filled in with "Mary Wellington", etc.

Edited December 29, 2021 by Crazy Cat

[rndz 12]

On 12/14/2021 at 10:46 AM, tahm said:

...  Do I just fill out AOS and SSN with the new marriage name even if on the marriage license my name is the maiden's name? Is that legal? 

The advice you've received is good, and I'll add a related note.  When you and your spouse start visiting banks, etc. to change accounts to joint ownership bring a copy of your marriage certificate as well as the SSN card in your new name if you don't yet have US ID in your new name.