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Boxxy

Concern about name change after marriage on K-1

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Hello!

My fiancée and I got married yesterday at a courthouse in Phoenix after I entered the United States via K-1 visa on the 14th March. I made the (apparently surprisingly common) mistake of not applying for my SSN prior to the marriage, but that is fine as I am not in urgent need of the things that having one would provide, so I will likely apply when filing I-485 (as I have read it will now be difficult for me to get one).
My main concern relates to changing my last name (I intend to take my fiancée's). When we applied for the marriage license, we asked about changing my last name as part of the marriage process and were told that we fill out the marriage license application with our original last names and that the name change is something that takes place after, via Social Security. However, I have now read multiple things online that seem to say that the name change is supposed to occur during the marriage process; that you are supposed to apply for the marriage license with the last name you intend to take, then going on to use the marriage certificate as "legal proof of name change" for future documents/forms. Because of what we were told, we went ahead with the wedding no-questions-asked and the marriage certificate has my original last name. Is it too late? How can I now change my last name so that I can go forward to use it on new documents? Do I just file I-485 and use my new intended name on the forms even though the marriage certificate uses my original name? Is the certificate actually more proof of intent to change name?
Thank you!

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34 minutes ago, Boxxy said:

Hello!

My fiancée and I got married yesterday at a courthouse in Phoenix after I entered the United States via K-1 visa on the 14th March. I made the (apparently surprisingly common) mistake of not applying for my SSN prior to the marriage, but that is fine as I am not in urgent need of the things that having one would provide, so I will likely apply when filing I-485 (as I have read it will now be difficult for me to get one).
My main concern relates to changing my last name (I intend to take my fiancée's). When we applied for the marriage license, we asked about changing my last name as part of the marriage process and were told that we fill out the marriage license application with our original last names and that the name change is something that takes place after, via Social Security. However, I have now read multiple things online that seem to say that the name change is supposed to occur during the marriage process; that you are supposed to apply for the marriage license with the last name you intend to take, then going on to use the marriage certificate as "legal proof of name change" for future documents/forms. Because of what we were told, we went ahead with the wedding no-questions-asked and the marriage certificate has my original last name. Is it too late? How can I now change my last name so that I can go forward to use it on new documents? Do I just file I-485 and use my new intended name on the forms even though the marriage certificate uses my original name? Is the certificate actually more proof of intent to change name?
Thank you!

Ive never heard of changing your name prior. At least where I’m from you need proof of marriage for a court to accept request of name change. SS office requires marriage certificate as well. Very easy to do both and doesnt take that long. 
Court house can help you. Likely same building you got married in. 

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49 minutes ago, Boxxy said:

 

My main concern relates to changing my last name (I intend to take my fiancée's). When we applied for the marriage license, we asked about changing my last name as part of the marriage process and were told that we fill out the marriage license application with our original last names

Correct.

49 minutes ago, Boxxy said:

and that the name change is something that takes place after, via Social Security.

Incorrect. That is the method for USCs only. I'd never expect a county clerk to know or care to know even if you told them, the process for immigrants.

49 minutes ago, Boxxy said:

However, I have now read multiple things online that seem to say that the name change is supposed to occur during the marriage process; that you are supposed to apply for the marriage license with the last name you intend to take,

No. That's false too. SOME ML's have blanks for your new married name but it's rare. Most MLs AND Marriage CERTIFICATES (MCs) will only have the maiden name listed next to the bride. That's normal and completely fine.

49 minutes ago, Boxxy said:

then going on to use the marriage certificate as "legal proof of name change" for future documents/forms.

ANY party to the marriage can use any combination of names listed ON THE MC moving forward in part as their new legal married name.  

49 minutes ago, Boxxy said:

Because of what we were told, we went ahead with the wedding no-questions-asked and the marriage certificate has my original last name.

Normal. Fine.

49 minutes ago, Boxxy said:

Is it too late? How can I now change my last name so that I can go forward to use it on new documents?

Immigrants "change" their legal name through immigration. By applying for your next forms using any names as listed in part on your MC, you will be issued an immigration document in that name and THEN you can use THAT IMMIGRATION DOCUMENT to obtain other documents (like an SSN and DL) in that new name.

49 minutes ago, Boxxy said:

Do I just file I-485 and use my new intended name on the forms even though the marriage certificate uses my original name?

Yes. As long as A name appears on your MC you can use it as part of your own.

49 minutes ago, Boxxy said:

Is the certificate actually more proof of intent to change name?
Thank you!

No. It's the legal name change document that has names on it that proves you have a legal scenario where you are allowed to go by a new name as long as it appears in part on the MC.

Your name has already been changed by getting married so do you wish. You just don't have ID that says so.

Edited by K1visaHopeful
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7 minutes ago, HKAA said:

SS office requires marriage certificate as well. Very easy to do both and doesnt take that long. 
Court house can help you. Likely same building you got married in. 

You are speaking on USCs requiring MCs for name changes at SSA.

Immigrants must have proof of immigration status.

Before 90 days is up for a K1, that is a passport.

After the 90 days is up, SSA requires an ID issued by USCIS.

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2 minutes ago, K1visaHopeful said:

You are speaking on USCs requiring MCs for name changes at SSA.

Immigrants must have proof of immigration status.

Before 90 days is up for a K1, that is a passport.

After the 90 days is up, SSA requires an ID issued by USCIS.

Ah I C. 
nothing is ever easy 

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Filed: Citizen (apr) Country: Russia
Timeline

Back in 2014 when my now wife arrived on her K1, we got married about two weeks later.  After getting our MC, we went to the SSA to apply for her SSN.  Even though we had the MC which functions as a legal name change document (our’s does not have a specific section showing the new names which is quite common) she could only get the SSC in her name on her Russian passport (my wife also decided to take my family name).  That was fine for us as we wanted it to deal with setting up bank accounts.  Anyway, we proceeded with the AOS filling out the forms with her new married name, and once her GC arrived we went back to the SSA and change the name on her SSC.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Morocco
Timeline

marriage certificate in most states list woman's name as her maiden name/ you can use husband's last name on the petition I 485 for applying for green card with proof of the marriage 

 

For purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either (for example, hyphenated name, pre-married name or spouse’s surname). Requestors must submit legal documentation, such as that listed below, to show that the name used is the requestor’s legal name:[2]

  • Civil marriage certificate;

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

 

 Most marriage certificates only list each spouse's name at the time of the marriage and do not list a specific married name.Jan 29, 2024

 

 

Or change last name when doing the N400 to naturalize 

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