Should US citizen use maiden name or married name on I-485?

[KateIdewo 5]

I am a US citizen. My husband came to the United States on a K1 visa and we are now married and adjusting status. In our state, the marriage certificate lists only my maiden name, not my married name. I do intend to take his last name but have not yet gone to SSA for a new social security card. Our joint bank account and my personal bank account are under my married name, but nothing else has been changed. In Part 5 of I-485 (Information about your current marriage), should I put my maiden name or married name under "Current Spouses Legal Name?" There is no space to list other names. Is there any drawback or advantage to either option? If I put my married name, do I need to go to SSA before I file?

[K1visaHopeful 2,809]

11 minutes ago, KateIdewo said:

I am a US citizen. My husband came to the United States on a K1 visa and we are now married and adjusting status. In our state, the marriage certificate lists only my maiden name, not my married name.

That's normal in most counties.

11 minutes ago, KateIdewo said:

I do intend to take his last name but have not yet gone to SSA for a new social security card.

Having ID in your new legal name menas nothing. 

Your name was changed the moment you got married and chose to change it.

Your proof is your MC. It is the legal name change doc. You can use any name ON IT as yours. 

11 minutes ago, KateIdewo said:

Our joint bank account and my personal bank account are under my married name, but nothing else has been changed.

Nothing else has to be changed FOR IMMIGRATION. IDs are for other reasons.

11 minutes ago, KateIdewo said:

In Part 5 of I-485 (Information about your current marriage), should I put my maiden name or married name under "Current Spouses Legal Name?"

Your legal name is your name that you choose to use after marriage, iD or not, as the MC proves you are married and can take any name ON IT as your own.

11 minutes ago, KateIdewo said:

There is no space to list other names. Is there any drawback or advantage to either option?

If you input your maiden name it won't match any documents moving forward to prove your bona-fide marriage as they'll all have your married name on them eventually.

11 minutes ago, KateIdewo said:

If I put my married name, do I need to go to SSA before I file?

Again, IDs mean nothing. Having your name on an ID doesn't make it legal. Your marriage and your MC do.

[JeanneAdil 6,483]

Put your new marriage name if u want it to appear on green card 

otherwise u will need a court order or wait till natualization to change it to the married name

 

it does not automatically change thru marriage for a foreigner but u can use it legally now

 

If u use maiden name of forms   u will need to follow rules to change it (naturalization ) or

 

If you would like to update the name reflected on your document, you must provide sufficient evidence of your name change, such as a court order, marriage certificate, divorce decree, or other vital document record.Jul 12, 2024

 

Updating or Correcting Your Documents - USCIS

USCIS (.gov)

[KateIdewo 5]

1 minute ago, JeanneAdil said:

Put your new marriage name if u want it to appear on green card 

otherwise u will need a court order or wait till natualization to change it to the married name

 

it does not automatically change thru marriage for a foreigner but u can use it legally now

 

If u use maiden name of forms   u will need to follow rules to change it (naturalization ) or

 

If you would like to update the name reflected on your document, you must provide sufficient evidence of your name change, such as a court order, marriage certificate, divorce decree, or other vital document record.Jul 12, 2024

 

Updating or Correcting Your Documents - USCIS

USCIS (.gov)

I'm not the one applying for the green card, I am a US citizen. My husband is applying based on our marriage. 

[OldUser 6,583]

42 minutes ago, KateIdewo said:

I'm not the one applying for the green card, I am a US citizen. My husband is applying based on our marriage. 

My USC wife changed her last name before I went through AOS. She used married name on forms. You use your current legal name, whatever it is.

Edited July 20 by OldUser

[JeanneAdil 6,483]

2 hours ago, KateIdewo said:

I'm not the one applying for the green card, I am a US citizen. My husband is applying based on our marriage. 

Men have also been known to change the last name or to hyphenate using both his and yours

[Scandi 4,166]

You use your current legal name, you can't use an old name. Only your current legal name - which is your new name if you decided to change it when you got married. The marriage certificate is proof of your name change, doesn't matter if your married name is on it or not (that's the case in many states). 

[thonati 31]

I think everyone is missing an important point.  In most states, a marriage license is the legal document that "allows" you to change your name. So if the last name does not match on all the various documents (Driver's License, SS card, Marriage License, school ID, house title, credit cards, bank account etc), the marriage license is the legal document that "authorizes" a name change.  So the legal name is changed once the marriage license is filed with the Vital Records (County Clerk in my state) and a certified copy is in hand.   (Provided the bride wants to change her name).  The OP states the marriage license is in her maiden name (of course it is).  She mentions bank accounts and SS card in her post but these are meaningless.  The certified copy of the marriage license is the authorizing document.  Now, there will be a problem with SSA or bank if she does not take the certified document and update her accounts.  In my state, you cannot have 2 legal last names; one or the other.

 

A court order or divorce decree are the other two common documents.  So as mentioned, if you CHOOSE to change your name due to marriage, the marriage license as filed in your country, is your "proof". Make sure to have the marriage license with any forms you submit.  In many states, there is a 1 or 2 year period where you can change your name with a marriage license.  My nephew took his wife's last name and it was no problem although he did say some people raised an eyebrow.

 

I married my HS sweetheart and she took my last name.  We got divorced after 25 years and she changed back to her maiden name.  I soon realized it was a mistake to divorce.  We started "dating" again and she soon moved back into the house under a 5 year probationary period.  Yes 5 years.  After my probation, we got re-married but she did not take my name because it would have been way to complicated.  Most people were confused as to what her legal name was.  She had 2 years to take my last name again or keep her maiden name (which she did).

 

 

 

 

 

[LBeachey 44]

Why can't you note it as additional information in Part 14?

[KateIdewo 5]

1 hour ago, thonati said:

I think everyone is missing an important point.  In most states, a marriage license is the legal document that "allows" you to change your name. So if the last name does not match on all the various documents (Driver's License, SS card, Marriage License, school ID, house title, credit cards, bank account etc), the marriage license is the legal document that "authorizes" a name change.  So the legal name is changed once the marriage license is filed with the Vital Records (County Clerk in my state) and a certified copy is in hand.   (Provided the bride wants to change her name).  The OP states the marriage license is in her maiden name (of course it is).  She mentions bank accounts and SS card in her post but these are meaningless.  The certified copy of the marriage license is the authorizing document.  Now, there will be a problem with SSA or bank if she does not take the certified document and update her accounts.  In my state, you cannot have 2 legal last names; one or the other.

 

A court order or divorce decree are the other two common documents.  So as mentioned, if you CHOOSE to change your name due to marriage, the marriage license as filed in your country, is your "proof". Make sure to have the marriage license with any forms you submit.  In many states, there is a 1 or 2 year period where you can change your name with a marriage license.  My nephew took his wife's last name and it was no problem although he did say some people raised an eyebrow.

 

I married my HS sweetheart and she took my last name.  We got divorced after 25 years and she changed back to her maiden name.  I soon realized it was a mistake to divorce.  We started "dating" again and she soon moved back into the house under a 5 year probationary period.  Yes 5 years.  After my probation, we got re-married but she did not take my name because it would have been way to complicated.  Most people were confused as to what her legal name was.  She had 2 years to take my last name again or keep her maiden name (which she did).

 

 

 

 

 

Just to clarify, both the marriage license AND the marriage certificate state only my maiden name. Are you saying that we can submit the I-485 with my married name using only the marriage certificate (which lists only my maiden name) as evidence of the name change? With my license, passport, and social security card still stating my maiden name?

[thonati 31]

1 hour ago, KateIdewo said:

Just to clarify, both the marriage license AND the marriage certificate state only my maiden name. Are you saying that we can submit the I-485 with my married name using only the marriage certificate (which lists only my maiden name) as evidence of the name change? With my license, passport, and social security card still stating my maiden name?

Yes however, make sure it is a certified copy from your local County Clerk's office.  That is legal proof of your new name.  You can add a note with explanation if it makes you feel better.  The certified copy of the marriage license is legal proof of your name change.  You could use your maiden name as well IF you have not changed your name in other agencies (SSA, bank, IRS etc) and officially change it later.  Up to you.