Marriage License and new name (AOS)

[E&G 2]

Hey guys,

 

Quick question. We want to do an Adjustment of Status for my fiancee. 

 

I am filling out an online marriage license application for our wedding. My fiancee wants to take my surname - and there is a spot in the application that allows us to put new name after marriage.

 

But the issue is, she won't be able to change her name later (until after she gets a social security number I believe).

 

So will this cause an issue if all of her documents state her maiden name but our marriage certificate says her future surname?

 

 

[powerpuff 6,697]

1 hour ago, E&G said:

So will this cause an issue if all of her documents state her maiden name

Which documents are you referring to exactly? 
 

You fill it all AOS forms in her new married name.

[OldUser 6,636]

The easiest solution is to change name when she files for N-400.

 

Otherwise she can do it now. Will likely have to update other docs to match it or carry marriage certificate, for example, if passport name is different to name on GC.

[E&G 2]

11 minutes ago, powerpuff said:

Which documents are you referring to exactly? 
 

You fill it all AOS forms in her new married name.

 

Her birth certificate, passport, driver's license in her country etc. 

[E&G 2]

Just now, OldUser said:

The easiest solution is to change name when she files for N-400.

 

Otherwise she can do it now. Will likely have to update other docs to match it or carry marriage certificate, for example, if passport name is different to name on GC.

 

I guess I mean specifically for the AOS. Will the officer question it since her surname is different from the marriage certificate.

 

But I also read that the marriage certificate is legal name change document.

[powerpuff 6,697]

3 minutes ago, E&G said:

 

Her birth certificate, passport, driver's license in her country etc. 

I’m not aware of how Finland addresses overseas name changes.

 

3 minutes ago, E&G said:

Will the officer question it since her surname is different from the marriage certificate.

No 

[OldUser 6,636]

8 minutes ago, E&G said:

 

I guess I mean specifically for the AOS. Will the officer question it since her surname is different from the marriage certificate.

 

But I also read that the marriage certificate is legal name change document.

No it won't be a problem with USCIS. Just requires a lot of name changes everywhere else: SSA, foreign passport, DLs. And if there's mismatch in name, she'd have to carry proof of name change to show to airlines, foreign countries' officials, CBP. It's much simpler to complete AOS, removal of conditions etc in maiden name and change it to married during naturalization (my opinion only).

 

Either she has to go through this now if really wants or during N-400. Between those two (I-751 etc) I wouldn't recommend.

Overall, it's totally doable and many people done it on VJ. 

Edited August 24, 2023 by OldUser

[Redro 4,611]

2 hours ago, E&G said:

Hey guys,

 

Quick question. We want to do an Adjustment of Status for my fiancee. 

 

I am filling out an online marriage license application for our wedding. My fiancee wants to take my surname - and there is a spot in the application that allows us to put new name after marriage.

 

But the issue is, she won't be able to change her name later (until after she gets a social security number I believe).

 

So will this cause an issue if all of her documents state her maiden name but our marriage certificate says her future surname?

 

 

Many people keep their maiden name in home country and change their name for the green card here in the US. It isn’t an issue at all. 

What might be an issue is her stay in US. When does her 90 days on ESTA expire? You should adjust as soon as you can before she falls out of status. 
ETA as she is adjusting from ESTA she probably won’t be able to put anything in her name here in the US until she gets her EAD. But, I could be wrong. And if anything is in her maiden name she can change it after she gets the GC and SSN. Additional documents showing name change aren’t required for bonafide evidence. 

Edited August 24, 2023 by Redro

[JeanneAdil 6,494]

2 hours ago, E&G said:

Hey guys,

 

Quick question. We want to do an Adjustment of Status for my fiancee. 

 

I am filling out an online marriage license application for our wedding. My fiancee wants to take my surname - and there is a spot in the application that allows us to put new name after marriage.

 

But the issue is, she won't be able to change her name later (until after she gets a social security number I believe).

 

So will this cause an issue if all of her documents state her maiden name but our marriage certificate says her future surname?

 

 

When you fill out the ds 260 for the  CR1  ,  use her new married name and check the box for USCIS to issued SS card

[E&G 2]

2 hours ago, Redro said:

Many people keep their maiden name in home country and change their name for the green card here in the US. It isn’t an issue at all. 

What might be an issue is her stay in US. When does her 90 days on ESTA expire? You should adjust as soon as you can before she falls out of status. 
ETA as she is adjusting from ESTA she probably won’t be able to put anything in her name here in the US until she gets her EAD. But, I could be wrong. And if anything is in her maiden name she can change it after she gets the GC and SSN. Additional documents showing name change aren’t required for bonafide evidence. 

 

We will file before her ESTA is up.

 

But isn't it a hassle to change your name after getting a GC/SSN?

Wouldn't it be easier just to do everything now and she will get the ssn/gc in her new name?

[E&G 2]

2 hours ago, OldUser said:

No it won't be a problem with USCIS. Just requires a lot of name changes everywhere else: SSA, foreign passport, DLs. And if there's mismatch in name, she'd have to carry proof of name change to show to airlines, foreign countries' officials, CBP. It's much simpler to complete AOS, removal of conditions etc in maiden name and change it to married during naturalization (my opinion only).

 

Either she has to go through this now if really wants or during N-400. Between those two (I-751 etc) I wouldn't recommend.

Overall, it's totally doable and many people done it on VJ. 

 

She doesn't have any American documents - passport/drivers license etc as of yet. They are all Finnish.

 

So wouldn't it be easier just to receive her ssn/gc in her new name?

 

And is it true that the marriage certificate is a legal name change document?

[OldUser 6,636]

57 minutes ago, E&G said:

And is it true that the marriage certificate is a legal name change document?

Yes, she'll have to carry it as long as name in her passport is different to name on GC for example

[Verrou 1,962]

12 hours ago, E&G said:

 

Her birth certificate, passport, driver's license in her country etc. 

she cant change her name on birth certificate because its already in the past. she need court order for that or marriage certificate if that foreign country accept that as a name change document.

 

when she wants to change her name to married name for any foreign documentation, she can bring her marriage certificate / court order along with her original birth certificate so it shows her name change from A to B.

 

no need to change her name on passport  and driver's license in her country if she doesnt want to or some country make it super difficult for that. as long as whatever paperwork she has in the US = married name. many people do that without an issue. when u filed for AOS, put ur last name as her last name on all the forms. she will get the EAD and SS with a new name

Edited August 24, 2023 by Verrou