Name change at marriage, and work permit

[fellaamazing 72]

So my fiance wanted to take my last name, and also change his first name to be more Americanized. (He already chosen that before we started the K1 process. I told him to hold off until marriage, since it would be a little easier).

 

Having gone through legal name change myself (using court order) 10 years ago, I think the procedure is, after the marriage,

1. He has to apply for a new Indian passport? Any documentation needed? Will marriage certificate have both new and old name?

2. Update USCIS record somehow? or just do it together with adjustment of status?

3. Can he apply for SSN right after marriage, since technically will he have the right to work being spouse of US citizen? Or he has to wait until the adjustment of status is processed?

 

(No rude comments please. Just need legally acceptable answers.)

[JeanneAdil 6,491]

US marriage certificates always have the original birth last name 

even for a woman , its maiden name 

 

even my 2nd marriage has my maiden name

 

K1 visa does not allow him to work after marriage /he will need to go thru the AOS process for EAD 

study the guides above to familiarize yourself with the process 

but yes,  apply for the SS #  but this alone does not allow him to work

 

After entering the US, a K-1 fiancé(e) can apply for a US Social Security Card. However, the application should be submitted two weeks after entry so that the government's “SAVE” system is up to date when you visit the Social Security Administration (SSA).Sep 24, 2023

 

[IWander 589]

2 hours ago, fellaamazing said:

So my fiance wanted to take my last name, and also change his first name to be more Americanized. (He already chosen that before we started the K1 process. I told him to hold off until marriage, since it would be a little easier).

 

Having gone through legal name change myself (using court order) 10 years ago, I think the procedure is, after the marriage,

1. He has to apply for a new Indian passport? Any documentation needed? Will marriage certificate have both new and old name?

2. Update USCIS record somehow? or just do it together with adjustment of status?

3. Can he apply for SSN right after marriage, since technically will he have the right to work being spouse of US citizen? Or he has to wait until the adjustment of status is processed?

 

(No rude comments please. Just need legally acceptable answers.)

50 states, 50 possible answers.  You need to investigate the name change rules in the state you intend to get married in.  

[OldUser 6,633]

The easiest path is to wait until he naturalizes, then he can change the name as part of it. He won't need to update Indian passport as he would be renouncing Indian citizenship by law.

A lot of headache solved.

 

If he changes his name now, he may be struggling to update his name on Indian passport. Bot sure how open minded Indian officials are. Plus he would have to explain the name mismatch every time he travels on Green Card, to Indian authorities.

Edited November 17, 2023 by OldUser

[SalishSea 17,818]

4 hours ago, fellaamazing said:

So my fiance wanted to take my last name, and also change his first name to be more Americanized. (He already chosen that before we started the K1 process. I told him to hold off until marriage, since it would be a little easier).

 

Having gone through legal name change myself (using court order) 10 years ago, I think the procedure is, after the marriage,

1. He has to apply for a new Indian passport? Any documentation needed? Will marriage certificate have both new and old name?

2. Update USCIS record somehow? or just do it together with adjustment of status?

3. Can he apply for SSN right after marriage, since technically will he have the right to work being spouse of US citizen? Or he has to wait until the adjustment of status is processed?

 

(No rude comments please. Just need legally acceptable answers.)

SSN doesn’t give someone the right to work, nor does marriage to a USC.  You may want to research the adjustment of status process a bit more.   K-1 is not a good choice if one wants to work straight away, as per USCIS, current EAD wait time is 11 months.

[fellaamazing 72]

55 minutes ago, SalishSea said:

SSN doesn’t give someone the right to work, nor does marriage to a USC.  You may want to research the adjustment of status process a bit more.   K-1 is not a good choice if one wants to work straight away, as per USCIS, current EAD wait time is 11 months.

Him working right away wasn't really part of the plan regardless. And K1 was our only option since samesex marriages are taking painfully slow in getting legalized in Asian countries. And the ones that legalized it, have painful process to award visas to most people from Asian countries.

 

Anyways, I see that I-485 time is about 18 months. Not sure if consular processing is an option to make it faster? (That's the way I did my green card back in the day)

[Crazy Cat 41,836]

8 hours ago, fellaamazing said:

Not sure if consular processing is an option to make it faster?

To a Green Card?  Consular processing is a great deal faster.  K-1 is not your only option.  You might want to take a look at a Utah online marriage.  

[fellaamazing 72]

46 minutes ago, Crazy Cat said:

To a Green Card?  Consular processing is a great deal faster.  K-1 is not your only option.  You might want to take a look at a Utah online marriage.  

He already have K1 and we are marrying second week of December. But thanks. I will keep Utah marriage in mind if any of my friends asked. If that option was available like 8 years ago, I wouldn't have to wait for my citizenship to start dating internationally.

[Verrou 1,962]

1. enter US with K1 visa with current name

2. apply for SS with his current name. note he cant work without an EAD. he need to have EAD to work and not just SS. just marry with USC didnt give him right to work until he got his EAD

2. get marry in the US

3. file AOS with new married name ( means all application will filled out with new name). his current name become maiden name. attached marriage certificate, that's legal document that acknowledge he take ur last name. bear in mind, he cant change his first name with that married certificate. he can only take ur last name because it considered not a "name" change

4. he will get EAD/GC with his current first name + ur last name. he can use that to apply for DL, etc

5. in the mean time he can use his new american first name that he pick, socially, just not legally. i never changed my name at all when i married my US spouse. not even take his last name too. but when i applied for job, i put his last name on the resume because my last name is foreign and i didnt get any single call from hiring manager because of that. the moment i put his last name on my resume, companies start to call me believe it or not. when a company finally hire me, i gave them my EAD with my legal name obviously, and by then they dont care because they indeed want to hire me. i use my husband's last name for everything like dry cleaning, ordering food bla bla bla. 

6. no need to change his passport with new name, because he doesnt need too. thousand people did this without an issue

7. wait till naturalization and he can change his first name, middle name, last name whatever he wants without cost

Edited November 17, 2023 by Verrou

[Chancy 6,241]

*** Moved from K1 Process & Procedures to AOS from K1 Visas forum -- OP's fiance is done with the visa process ***

 

[discoverusa 258]

7 hours ago, Verrou said:

1. enter US with K1 visa with current name

2. apply for SS with his current name. note he cant work without an EAD. he need to have EAD to work and not just SS. just marry with USC didnt give him right to work until he got his EAD

2. get marry in the US

3. file AOS with new married name ( means all application will filled out with new name). his current name become maiden name. attached marriage certificate, that's legal document that acknowledge he take ur last name. bear in mind, he cant change his first name with that married certificate. he can only take ur last name because it considered not a "name" change

4. he will get EAD/GC with his current first name + ur last name. he can use that to apply for DL, etc

5. in the mean time he can use his new american first name that he pick, socially, just not legally. i never changed my name at all when i married my US spouse. not even take his last name too. but when i applied for job, i put his last name on the resume because my last name is foreign and i didnt get any single call from hiring manager because of that. the moment i put his last name on my resume, companies start to call me believe it or not. when a company finally hire me, i gave them my EAD with my legal name obviously, and by then they dont care because they indeed want to hire me. i use my husband's last name for everything like dry cleaning, ordering food bla bla bla. 

6. no need to change his passport with new name, because he doesnt need too. thousand people did this without an issue

7. wait till naturalization and he can change his first name, middle name, last name whatever he wants without cost

This is so true about sounding or presenting less foreign. Once I dropped my foreign degree from my resume I got a lot more calls from recruiters. Also, I think my foreign degree also aged me (think age discrimination). Once I left my US University only on the resume I got a lot more calls and invites for interviews. Sad, but true. 

Edited November 17, 2023 by discoverusa

[fellaamazing 72]

1 hour ago, discoverusa said:

This is so true about sounding or presenting less foreign. Once I dropped my foreign degree from my resume I got a lot more calls from recruiters. Also, I think my foreign degree also aged me (think age discrimination). Once I left my US University only on the resume I got a lot more calls and invites for interviews. Sad, but true. 

When I changed my name 10 years ago, I started receiving thousand times more calls. However in IT field, myself being from Pakistan and my degree from university there , 100% of time gives me rejection, no matter if I scored 100% in the programming tests and have 100% great answers in interviews. Both by white and Indian hiring managers.

[discoverusa 258]

2 minutes ago, fellaamazing said:

When I changed my name 10 years ago, I started receiving thousand times more calls. However in IT field, myself being from Pakistan and my degree from university there , 100% of time gives me rejection, no matter if I scored 100% in the programming tests and have 100% great answers in interviews. Both by white and Indian hiring managers.

This is sad, but I noticed after few years of solid US work experience and strong references your background doesn't matter that much anymore. Have your fiance visit Finding work in US section on visa journey to prepare for work search. It's also a very good resource for immigrants waiting for EAD to exchange ideas, share success stories and to vent about looking for work. 

[discoverusa 258]

2 minutes ago, discoverusa said:

This is sad, but I noticed after few years of solid US work experience and strong references your background doesn't matter that much anymore. Have your fiance visit Finding work in US section on visa journey to prepare for work search. It's also a very good resource for immigrants waiting for EAD to exchange ideas, share success stories and to vent about looking for work. 

Also, there was a discussion at one point that oftentimes immigrants get rejected by recruiters because they think we will require sponsorship. 

[fellaamazing 72]

On 11/17/2023 at 9:34 AM, Verrou said:

1. enter US with K1 visa with current name

2. apply for SS with his current name. note he cant work without an EAD. he need to have EAD to work and not just SS. just marry with USC didnt give him right to work until he got his EAD

2. get marry in the US

3. file AOS with new married name ( means all application will filled out with new name). his current name become maiden name. attached marriage certificate, that's legal document that acknowledge he take ur last name. bear in mind, he cant change his first name with that married certificate. he can only take ur last name because it considered not a "name" change

4. he will get EAD/GC with his current first name + ur last name. he can use that to apply for DL, etc

5. in the mean time he can use his new american first name that he pick, socially, just not legally. i never changed my name at all when i married my US spouse. not even take his last name too. but when i applied for job, i put his last name on the resume because my last name is foreign and i didnt get any single call from hiring manager because of that. the moment i put his last name on my resume, companies start to call me believe it or not. when a company finally hire me, i gave them my EAD with my legal name obviously, and by then they dont care because they indeed want to hire me. i use my husband's last name for everything like dry cleaning, ordering food bla bla bla. 

6. no need to change his passport with new name, because he doesnt need too. thousand people did this without an issue

7. wait till naturalization and he can change his first name, middle name, last name whatever he wants without cost

Question on Social Security card. What should I fill in section 5?

If we put that, do we need to provide any additional documents other than stamped arrival on passport along with K1 visa?