How to change last name during marriage?

[PokuPoku 27]

I googled this for 30 min and couldn't find answers. I read before its easier to change name during marriage as opposed to any other time, but I can't find information on how thats done. We live in Alabama.

Also, is it ok to do this before she gets her SSN? We applied for it 10 weeks ago but still haven't received it.

[Edward and Jaycel 978]

First off, you need to make an appointment with your local SSA office to inquire about her card. She should also ask them to verbally tell her the SSN there at the appointment

Secondly, have you sent in her application for AOS yet?

[PokuPoku 27]

  12 hours ago, Edward and Jaycel said:

First off, you need to make an appointment with your local SSA office to inquire about her card. She should also ask them to verbally tell her the SSN there at the appointment

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we called the local and national office and they told us its being processed by the department of defense.

  12 hours ago, Edward and Jaycel said:

Secondly, have you sent in her application for AOS yet?

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no, we were waiting for the SSN since thats what people said to do first and the SS office keeps telling us it will be finished "soon". now we gotta get married before the 90 days end.

[Dashinka 25,056]

  12 hours ago, PokuPoku said:

we called the local and national office and they told us its being processed by the department of defense.

no, we were waiting for the SSN since thats what people said to do first and the SS office keeps telling us it will be finished "soon". now we gotta get married before the 90 days end.

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You do not need to wait for the SSN to get married.  As to changing one's last name during marriage, you can do that easily with respect to one's family name (cannot change someone's given [first] name via a marriage certificate to the best of my knowledge).  Basically, regardless as to how the marriage certificate is sectioned, or worded, any valid marriage certificate is a legal name change document for someone's family name (even if it does not contain a specific name change section).  Both spouse's have the option to change their family name.  

 

Once you are legally married, and have the valid marriage certificate in hand, you can apply for the GC (AOS) in the new name.  Don't worry about the name on the SSN/SSC, you can update that when you get the GC with the new name.

 

Good Luck!

[Edward and Jaycel 978]

Ok... Make sure you get married before the 90 days. You should not need the SSN for that

 

For the name change, you can do it with the AOS forms. It was super easy for us to do it that way.

[PokuPoku 27]

  12 hours ago, Dashinka said:

You do not need to wait for the SSN to get married.  As to changing one's last name during marriage, you can do that easily with respect to one's family name (cannot change someone's given [first] name via a marriage certificate to the best of my knowledge).  Basically, regardless as to how the marriage certificate is sectioned, or worded, any valid marriage certificate is a legal name change document for someone's family name (even if it does not contain a specific name change section).  Both spouse's have the option to change their family name.  

 

Once you are legally married, and have the valid marriage certificate in hand, you can apply for the GC (AOS) in the new name.  Don't worry about the name on the SSN/SSC, you can update that when you get the GC with the new name.

 

Good Luck!

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So if she wants to change her last name, we just write her new last name on the certificate? Thats what I was confused by since nowhere I looked explicitly said thats how you do it.

[Edward and Jaycel 978]

We never wrote Jaycel's new name on the certificate, it only has her maiden name and my name. What we did was, when we filled out the I-485 and I-765, we put Jaycel's new married name in the "Legal Name" section. (which was her first name, her maiden surname name as her new middle name and my surname as her new surname). USCIS allows this as long as the new name is some combination of any of the names that appear on the marriage certificate. We then put her maiden name in the "All other names used since birth" section on the AOS forms.

Edited 12 hours ago by Edward and Jaycel

[Dashinka 25,056]

  12 hours ago, PokuPoku said:

So if she wants to change her last name, we just write her new last name on the certificate? Thats what I was confused by since nowhere I looked explicitly said thats how you do it.

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If the marriage license (not the certificate) contains a section for a new family name, then yes, otherwise, no.  And no, you cannot modify the certified marriage certificate.

 

As an example, when my wife and I got married, also on a K1, the marriage license did not have a name change section.  Regardless, my wife chose to take my family name, and she was able to use the marriage certificate to apply for her GC via the I485 process in her new name.  Once she received her GC and had a new valid ID with her new name, she started changing things like her DL, SSN, etc.  The upshot is within the US, the marriage certificate is recognized as a legal name change document for someone's family name.  Unfortunately, this is not the case everywhere outside the US which is one of the reasons my wife's foreign passport is still in her maiden name.

 

I hope that helps.

 

Good Luck!

Edited 12 hours ago by Dashinka

[Edward and Jaycel 978]

And other than it giving your wife the ability to work, the big upshot with the I-765 is that it usually gets approved much more quickly than the GC and once she has the EAD Card she can use that to start doing the name changes as it is "Real ID Act Compliant". If you can get the SSN before you file the AOS paperwork, so much the better because then you can include that number on both forms, check the boxes to have SSA issue a new card and once approved, USCIS will notify SSA of the name change and they will send a new card in the new married name. Save you a trip to the SSA office.

[PokuPoku 27]

  12 hours ago, Dashinka said:

If the marriage license (not the certificate) contains a section for a new family name, then yes, otherwise, no.  And no, you cannot modify the certified marriage certificate.

 

As an example, when my wife and I got married, also on a K1, the marriage license did not have a name change section.  Regardless, my wife chose to take my family name, and she was able to use the marriage certificate to apply for her GC via the I485 process.  Once she received her GC and had a new valid ID with her new name, she started changing things like her DL, SSN, etc.  The upshot is within the US, the marriage certificate is recognized as a legal name change document for someone's family name.  Unfortunately, this is not the case everywhere outside the US which is one of the reasons my wife's foreign passport is still in her maiden name.

 

I hope that helps.

 

Good Luck!

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We don't need a marriage license, we only fill out the certificate, and it looks like this. So do we put her current name or new last name under the "name" section?

 

  12 hours ago, Edward and Jaycel said:

We never wrote Jaycel's new name on the certificate, it only has her maiden name and my name. What we did was, when we filled out the I-485 and I-765, we put Jaycel's new married name in the "Legal Name" section. (which was her first name, her maiden surname name as her new middle name and my surname as her new surname). USCIS allows this as long as the new name is some combination of any of the names that appear on the marriage certificate. We then put her maiden name in the "All other names used since birth" section on the AOS forms.

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Thats helpful to know. I was thinking about asking about middle name too since she current has no middle name (not a thing in her country) and not too sure if she should have one or not.

[Edward and Jaycel 978]

Ok so under that link for the marriage license, it has a PDF of instructions. Number 7 is as follows:

7. Fill out the fillable form paying close attention to what it is asking for (ex: full names, mother’s maiden name, bride’s current last name (not what it will be when married), resident county and state and state or foreign country you were born)

[Edward and Jaycel 978]

Here's the link to the full instruction sheet:

https://www.madisoncountyal.gov/home/showpublisheddocument/8318/637927910053930000

[PokuPoku 27]

  12 hours ago, Edward and Jaycel said:

Ok so under that link for the marriage license, it has a PDF of instructions. Number 7 is as follows:

7. Fill out the fillable form paying close attention to what it is asking for (ex: full names, mother’s maiden name, bride’s current last name (not what it will be when married), resident county and state and state or foreign country you were born)

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ahh, I read the FAQ, I didn't see the other link.

  12 hours ago, Edward and Jaycel said:

We never wrote Jaycel's new name on the certificate, it only has her maiden name and my name. What we did was, when we filled out the I-485 and I-765, we put Jaycel's new married name in the "Legal Name" section. (which was her first name, her maiden surname name as her new middle name and my surname as her new surname). USCIS allows this as long as the new name is some combination of any of the names that appear on the marriage certificate. We then put her maiden name in the "All other names used since birth" section on the AOS forms.

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So the i-485 and 765 were the first forums you used the new names? Would this work with changing her daughter's name too? We want her daughter's name changed too, but we want her first and last name changed. Or will that just be a totally different process?

[Dashinka 25,056]

  12 hours ago, PokuPoku said:

We don't need a marriage license, we only fill out the certificate, and it looks like this. So do we put her current name or new last name under the "name" section?

 

Thats helpful to know. I was thinking about asking about middle name too since she current has no middle name (not a thing in her country) and not too sure if she should have one or not.

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OK, so that is really what most would refer to as the marriage license.  Once you notify them that the marriage has occurred, and both of you  and the officiant signs, the local clerk will issue the certified marriage certificate which you cannot alter.

[Edward and Jaycel 978]

  12 hours ago, PokuPoku said:

So the i-485 and 765 were the first forums you used the new names? Would this work with changing her daughter's name too? We want her daughter's name changed too, but we want her first and last name changed. Or will that just be a totally different process?

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Yes those were the first forms we used her new, married name. As long as the new name is some combination of the names that appear on the marriage certificate, USCIS will do it. It will not work for her daughter becuase USCIS uses your certified copy of the marriage certificate as the official name change document. There is no such document for her daughter. That will have to be done by a court/legal process.

 

While I'm thinking about it, when you go to record your marriage, it says you get one certified copy and more are available for $2 each. Do yourself a favor and pay for like 10 extra certified copies. They will come in handy. We did that here because extra copies were $1.25 each.