Change Last Name after Married in Alabama

[Gabriela Gaghana 3]

Hello, I hope you are doing great.

So, I'm from Indonesia and I have successfully come to the USA with a K1 Visa, we just got married last week and we got the approval for our marriage license in San Antonio Texas just today.

 

Currently, my husband lives in Alabama so I move with him. I would like to update my status with the I-485 form and also we agreed to change my last name to my husband's last name.

 

We need your recommendation, which one we should do first? Change my last name at the married license building in Alabama or adjust my status?

 

Thank you in advance

[Crazy Cat 41,438]

I assume you were married in Texas.  Your marriage certificate is a legal name change document.  If you have a valid marriage certificate from your marriage in Texas, there is no need to register a new name in Alabama.  Just start filling out all your immigration paperwork using your new, legal name....and start using your new legal name for everything.

Edited July 23 by Crazy Cat

[Crazy Cat 41,438]

***Moved to Adjustment of Status from K-1 forum***

[Gabriela Gaghana 3]

13 minutes ago, Crazy Cat said:

I assume you were married in Texas.  Your marriage certificate is a legal name change document.  If you have a valid marriage certificate from your marriage in Texas, there is no need to register a new name in Alabama.  Just start filling out all your immigration paperwork using your new, legal name....and start using your new legal name for everything.

Please correct me if I'm wrong.

We just received our marriage certificate today, but I still used my old last name. So the first step is I need to request to change my last name to my husband's last name first in Texas until we get our newest certificate, then after that, we can process filling out the adjustment status form?

[Crazy Cat 41,438]

5 minutes ago, Gabriela Gaghana said:

Please correct me if I'm wrong.

We just received our marriage certificate today, but I still used my old last name. So the first step is I need to request to change my last name to my husband's last name first in Texas until we get our newest certificate, then after that, we can process filling out the adjustment status form?

No.  That is not correct.  For immigration and legal purposes, you can use ANY combination of names on your marriage certificate.  Example:

 

Marriage certificate says John Doe married Jane Smith

 

Jane can use any of the following as her new legal name:

Jane Smith

Jane Doe

Jane Doe Smith

Jane-Doe-Smith

 

Just start using the new legal name you want as listed above.  That is all you have to do.

 

 

Edited July 23 by Crazy Cat

[Crazy Cat 41,438]

 

Chapter 5 - Verification of Identifying Information | USCIS

"

Name After Marriage or Divorce

A married person may retain their pre-marital name or use a different legal married name (such as a spouse’s surname or a hyphenated name combining the pre-marital name and spouse’s surname). 

 

 

Miss to Mrs | The Comprehensive Guide to Changing Your Name in Texas – Wed Society® | Austin (formerly Brides of Austin)

 

"Fortunately for Texas brides, the state acknowledges a valid marriage certificate as proof of a name change. "

Edited July 23 by Crazy Cat

[OldUser 6,333]

8 minutes ago, Gabriela Gaghana said:

Please correct me if I'm wrong.

We just received our marriage certificate today, but I still used my old last name. So the first step is I need to request to change my last name to my husband's last name first in Texas until we get our newest certificate, then after that, we can process filling out the adjustment status form?

Another option is to keep using maiden name until N-400 stage. That way you don't have to worry about your name on green card not matching your name in passport. On the other hand, if you intend using married name, might as well get all US documents in this new name instead of having to update everything. You can start using married name today as @Crazy Cat described. 

 

 

[EatBulaga 314]

7 hours ago, Crazy Cat said:

 

Miss to Mrs | The Comprehensive Guide to Changing Your Name in Texas – Wed Society® | Austin (formerly Brides of Austin)

 

"Fortunately for Texas brides, the state acknowledges a valid marriage certificate as proof of a name change. "

I don't think @Gabriela Gaghana registered a name change on the Texas Marriage Certificate registering the married name same as the maiden name?

 

If that is the case, they should fill out the I-485 with the same name as what is on the Texas Marriage Certificate to avoid any name confusion later?

 

As @OldUser recommended, to use whatever name is on the Texas Marriage Certificate and do the name change at N-400 may be less confusing?

Edited July 23 by EatBulaga

[Crazy Cat 41,438]

1 hour ago, EatBulaga said:

I don't think @Gabriela Gaghana registered a name change on the Texas Marriage Certificate registering the married name same as the maiden name?

Chapter 5 - Verification of Identifying Information | USCIS

"

Name After Marriage or Divorce

A married person may retain their pre-marital name or use a different legal married name (such as a spouse’s surname or a hyphenated name combining the pre-marital name and spouse’s surname). 

 

 

Marriage certificate says John Doe married Jane Smith

 

Jane can use any of the following as her new legal name:

Jane Smith

Jane Doe

Jane Doe Smith

Jane-Doe-Smith

[Crazy Cat 41,438]

How do I change my name after getting married? (texas.gov)

 

"There is no single form to fill out that will change your name after marriage. In most cases, you do not need a court order to change your name after marriage. Your completed marriage license is legal proof of your new name. You can use your completed marriage license to update your identification documents."

 

"

Yes, you can only change your name in certain ways under this process. Texas Administrative Code Title 37, Rule 15.23 states that a person does not need a court order to change their name on Texas driver's licenses and IDs for the following types of name changes:  

• Changing your last name to your spouse’s last name;  
• Changing your last name to your spouse’s last name and your middle name to your current last name; or 
• Hyphenating your last name and your spouse’s last name. "

 

The Texas statute is exactly in line with USCIS standards.

 

Marriage certificate says John Doe married Jane Smith

 

Jane can use any of the following as her new legal name:

Jane Smith

Jane Doe

Jane Doe Smith

Jane-Doe-Smith

 

The OP stated "I would like to update my status with the I-485 form and also we agreed to change my last name to my husband's last name."  It all depends on when the OP wants to start using a new name.

Edited July 23 by Crazy Cat

[Dashinka 24,243]

13 hours ago, EatBulaga said:

I don't think @Gabriela Gaghana registered a name change on the Texas Marriage Certificate registering the married name same as the maiden name?

 

If that is the case, they should fill out the I-485 with the same name as what is on the Texas Marriage Certificate to avoid any name confusion later?

 

As @OldUser recommended, to use whatever name is on the Texas Marriage Certificate and do the name change at N-400 may be less confusing?

Doesn’t matter.  My wife changed her name when we married and our marriage certificate does not have a specific name change section, yet it still works as a legal name change document.  When we filed the I485, we filled out all the forms with her new chosen name, and the GC reflected that name.  Yes, her GC and Russian passport showed different names, but that was really not a big deal, and she traveled many times with that situation with no one ever questioning it, but she did keep a copy of the marriage certificate with her just in case.  Even today, her US Passport shows her married name, and her Russian passport still has her maiden name, and it is no big deal (it is a real pain to change one’s name in Russia due to their pesky national ID that is tied to everything).

 

To the OP, just fill out your AOS package with the name you chose to use based on the guidelines provided by @Crazy Cat.  You can change the name on your foreign passport if you want, or not.

 

Good Luck!

[scholes18 43]

We got married in Texas as well. My wife used her new name on all the USCIS forms, despite the certificate and other documents we sent only showing the old name. 

 

In the end we were approved without any issues. EAD and GC have her new name on them. 

 

As other posters pointed out, the certificate itself is the legal basis for the name change. 

[Gabriela Gaghana 3]

@ALL thank you so much for your insights! I will fill it out with the new name. God bless you all and have a good day