Name Change for K1

[ap4295 30]

Hello, my fiancée came to the U.S on a K1 visa. We got legally married on Friday, but it still has her maiden name on the wedding certificate since that is how my state does things. We are not sure what to put on the adjustment of status when filling out her name. As many of you will know, Filipino naming conventions have your maiden last name shift to your middle name where your mother's maiden name used to be. (i.e if your maiden name was Jane Smith Doe and you marry a man named John Brown, you'll become Jane Doe Brown by Filipino rules.) So basically what I am asking is, when we fill out the adjustment of status paperwork (I-485) do we put Jane Smith Doe or Jan Doe Brown? If that makes sense. My fiancée found a source while googling that says she cannot legally change her middle name until she becomes a U.S citizen, so just wondering if any other Filipinos can chime in with their experience.

We thought we could change it when she applies for a Social Security Number, but our local office wouldn't let us apply for one in person, so our only option is to check the box on the I-485 to request one, but it does not ask what name you want associated with your social. So we just assume it will use the name on the I-485. Which just brings me back to our original question of which name to use. Thank you in advance, sorry if this post is confusing.

[ap4295 30]

Speaking of asking for a social security number, it asks that question on both the I-485 and the I-765 (the work permit one). Do we only ask for it on one of those or both? 

[Crazy Cat 41,809]

For USCIS benefits, you can legally enter any combination of the names on the Marriage Certificate.  You can enter the new legal name on I-485, etc.

Example:  John Smith marries Jane Doe.

Jane can use Jane Doe, Jane Smith, Jane Doe Smith, or Jane-Doe-Smith as new legal name on all USCIS paperwork, and she can use that as her legal name.

 

 

[ap4295 30]

4 minutes ago, Crazy Cat said:

For USCIS benefits, you can legally enter any combination of the names on the Marriage Certificate.  You can enter the new legal name on I-485, etc.

Example:  John Smith marries Jane Doe.

Jane can use Jane Doe, Jane Smith, Jane Doe Smith, or Jane-Doe-Smith as new legal name on all USCIS paperwork, and she can use that as her legal name.

 

 

Thank you, that makes sense.

Now if only I can get the SSN thing sorted out. We went to our local SSA office today and the guy had no idea what he was talking about. He said because we got married and she's not my fiancée anymore, the K1 is void and I cannot ask for a SSN. So I guess the AOS is the only way to request one now? This is all so confusing. 

[Crazy Cat 41,809]

4 hours ago, ap4295 said:

Thank you, that makes sense.

Now if only I can get the SSN thing sorted out. We went to our local SSA office today and the guy had no idea what he was talking about. He said because we got married and she's not my fiancée anymore, the K1 is void and I cannot ask for a SSN. So I guess the AOS is the only way to request one now? This is all so confusing. 

He is right in some ways.  She would have needed to apply for a SS Number 2 weeks prior to the I-94 expiring (ideally before marriage). Now, she needs to mark the box on the I-765 or I-485.  Otherwise, she will need the EAD or Green Card.  

Edited February 15 by Crazy Cat

[ap4295 30]

1 minute ago, Crazy Cat said:

She would have needed to apply for a SS Number 2 weeks prior to the I-94 expiring. Now, she needs to mark the box on the I-765 or I-485.  Otherwise, she will need the EAD or Green Card.  

The I-94 doesn't expire until April 29th of this year. She just got to the U.S 2 weeks ago. 

[Crazy Cat 41,809]

3 minutes ago, ap4295 said:

The I-94 doesn't expire until April 29th of this year. She just got to the U.S 2 weeks ago. 

I believe the SS policy states that a K-1 fiance is eligible for a SS Number.  She is not a fiance now. 

Here is a thread which might be helpful:

 

 

[ap4295 30]

37 minutes ago, Crazy Cat said:

I believe the SS policy states that a K-1 fiance is eligible for a SS Number.  She is not a fiance now. 

Here is a thread which might be helpful:

 

 

If I'm reading this thread right (and plenty of other people I've seen while googling), the guy we talked to at the SSA office today was just an idiot who doesn't know how to do his job. We CAN get one after marriage, we'll just have to go back and get a new one once her name change goes through with the AOS. Guess I'll have to just go there again and insist on talking to the manager like a Karen. 

[Crazy Cat 41,809]

3 minutes ago, ap4295 said:

If I'm reading this thread right (and plenty of other people I've seen while googling), the guy we talked to at the SSA office today was just an idiot who doesn't know how to do his job. We CAN get one after marriage, we'll just have to go back and get a new one once her name change goes through with the AOS. Guess I'll have to just go there again and insist on talking to the manager like a Karen. 

If you succeed, let me know which name they put on the card.  Good luck.  

[ap4295 30]

15 minutes ago, Crazy Cat said:

If you succeed, let me know which name they put on the card.  Good luck.  

I think they will use her maiden name since they are getting their data from DHS/USCIS. We'll have to go back later to update her name after we've sent in the AOS which will have her new name. It's not a big deal. Again, assuming I am reading all of this correctly. Guess it's too much to ask for the government to give clear instructions and competent employees. No wonder people come here illegally. 

[J.M. 230]

I think you are fine to get a SS card based on the I-94.  Being married already should not be a factor.  Best not to even mention being married, or married name, because it confuses them.  It's not a question on the application.  No need to volunteer information that confuses them.  It will be in her maiden name until AOS/EAD.  I would check the box on both AOS and EAD forms.  Sometimes they get missed, maybe that doubles your chances.

[Ontarkie 14,215]

1 hour ago, ap4295 said:

The I-94 doesn't expire until April 29th of this year. She just got to the U.S 2 weeks ago. 

Get the SSN in maiden name, do not even say you're married. Do not bring the marriage certificate either. She can still get her social now but only in maiden name. Some SS personnel do not understand the K1. They think the K1 is voided if they get married. Rather than argue with them apply in madden name and when she gets her EAD she can do a name change then. 

 

THis is why we say do it before getting married. They are clueless. 

Edited February 14 by Ontarkie

[ap4295 30]

16 minutes ago, Ontarkie said:

They think the K1 is voided if they get married.

Exactly what the guy today said. He even tried to say we need to now file for a K3 if we want to get a SSN.  🤡

[Ontarkie 14,215]

1 hour ago, ap4295 said:

Exactly what the guy today said. He even tried to say we need to now file for a K3 if we want to get a SSN.  🤡

Totally clueless 

[Davemira 56]

Ah. They dont know anything there..I would suggest going through with getting the ssn based on the I-94...You can always change last name  later.. Here in New York you are not allowed to change your middle name.. If youre name is Jane Smith Doe and you married John Brown...You can either use your maiden name or go with Jane Smith Brown...This is what i did.. I am a US citizen now ....so i changed my middle name based on the Philippine rule ..My US passport is like Jane Doe Brown...my driver's license is Jane Smith Brown....i did not apply for dual citizenship yet...its all good though on me..

Edited February 15 by Davemira