K1 - Name change after marriage

[alg_ 0]

I tried looking this up but I could not find anything relating to these specific circumstances. K1 finally got approved, moved to the US, married in Las Vegas the next month. Have not applied for AOS yet. Here lies the problem. For personal reasons I want to change my last name to my grandmother's last name and my wife would be taking it as well and it would be our (married) family name. I could not find any relevant information about what to do in this situation. Some people have said to just apply for AOS under the new name, some people say your chosen name has to appear somewhere on the marriage certificate. What do I do in this situation? I would really appreciate any kind of help. If possible, I do not want to AOS under my current last name.

[K1visaHopeful 2,850]

17 minutes ago, alg_ said:

I tried looking this up but I could not find anything relating to these specific circumstances. K1 finally got approved, moved to the US, married in Las Vegas the next month. Have not applied for AOS yet. Here lies the problem. For personal reasons I want to change my last name to my grandmother's last name and my wife would be taking it as well and it would be our (married) family name. I could not find any relevant information about what to do in this situation.

Because it is not an immigration issue but rather a legal one. 

17 minutes ago, alg_ said:

 

Some people have said to just apply for AOS under the new name,

Not possible.

17 minutes ago, alg_ said:

some people say your chosen name has to appear somewhere on the marriage certificate.

That is correct. 

17 minutes ago, alg_ said:

What do I do in this situation? I would really appreciate any kind of help.

1. Change your name legally by filing and paying for a legal name change in court which could take some time and then you'd be out of status because you didn't file AOS. Not recommended.

2. File for AOS as recommended using your legal name. Once approved, file and pay for legal name change as above. Apply for I751 when eligible in two years in a new name with proof of name change. Not recommended. 

3. File AOS as recommended using your legal name. Once you become eligible to file for citizenship, apply for it in any name you wish as Cotizenship allows name changes. Recommended. 

17 minutes ago, alg_ said:

 

If possible, I do not want to AOS under my current last name.

Not possible unless you file late.

[OldUser 6,978]

I think the easiest way would be to keep your current name on all documents including GC until you naturalize. This would eliminate a lot of potential issues including your name not matching on foreign passport and GC.

 

During N-400 you can change name to whatever name you want including your grandmother's last name.

 

Not sure how it would work with your wife.

Edited October 21 by OldUser

[K1visaHopeful 2,850]

PS. Your VJ timeline is absolutely blank which helps no one. VJ statistics are a HUGE part of helping others members here. Please fill yours out in reciprocity. 

3 minutes ago, OldUser said:

 

Not sure how it would work with your wife.

She just legally change her name afterwards. 

[Maritah 101]

 

I came to the US on a K-1 visa. After I settled in, I applied asap for my SSN card, which I got under my maiden name, following the guides here in VJ. 

 

Then, before the 90 days, I got married to my petitioner. My marriage certificate has my maiden name because the marriage license had it, but after that,  I applied for an update of my SSN card because we wanted to file joint taxes (foreseen the AOS process).

 

In SSA (I went in person), for an update on my SSN card, I presented my marriage certificate with my maiden name, and I was asked if I wanted to change my name, I said yes, and my updated SSN card came under my married name. 

 

I applied to my Adjustment of Status  (AOS) and Remove of Conditions (ROC) under my married name. 

 

When I filled out my electronic N-400, I was asked If I wanted a name change but didn't need it, so I marked no.

 

During the N-400 interview, the USCIS officer asked me again If I wanted a name change, I said no again, 

 

In my experience, the married name doesn't need to appear on your marriage certificate,  your spouse can have the name changed in the SSA and go from there.

 

I hope this helps.

 

Best regards! 

 

Maritah.