Name Change after Marriage for Adjustment of Status

[SoraYume 0]

Hello, My husband came over to the U.S with a k-1 visa. I petitioned for him and we just got married a week ago. We are ready to apply for his adjustment of status. He wants to change his last name to mine, but on the marriage certificate he still has his original last name. Would it be recomended for him to change his last name with social security before adjustment of status?

If he does change his last name to mine before applying for adjustment os status, can he fill up the adjustment of status papers with his new last name, even though his passport and other documents including marriage certificate have his single last name?

What is better/recomended, changing his last name before or after applying for adjustment of status?

Please let me know, any suggestions on this will be welcome since we only have a few weeks left to apply before his I94 expires.

Thanks!

[duabntsa 0]

This is what my wife and I did when she arrived here on K1 Visa. We married a week after her arriving. On the marriage certificate has my full name and her full maiden name. When we applied for AOS she used my last name on the application. We tried changing her SS card to reflect her marriage name but they told us to wait until either she received her GC or EAD card. She received her EAD card and we went into SS to change her last name though we already went to the AOS interview using her SS card with her maiden name. They never question about her last name during the interviews.

[didopage 337]

That's the first time I hear about changing last name this way, husband taking wife's last name. Is it even possible? (excuse my ignorance if it is a stupid question)

When the wife takes her husband's last name, there's no problem at AOS, She just put her new married name in the forms. Even if the passport still has her maiden name, the marriage certificate acts as a proof of name change (no need to ask for a new passport or other IDs for the AOS). That's what I did. It's better changing your last name before applying for AOS because that's the name that will appear on your green card and other immigration documents. If you change it later, it will be pricey to change the green card for example.

[GrayL 47]

Hi There,

I can't see this as being any more difficult than when a female beneficiary goes through the same process.

I just double checked my own marriage licence to confirm my thoughts, but marriage licences only ever show pre-married names. For example no where on our marriage licence does it show my wife's new name, it only shows maiden names. So even if it was you changing your last name, it would still show your maiden name.

I would first off make an appointment with your local Social Security Office and get his name changed on that, you will need to bring with you your marriage certificate and passports/VISA etc.

Then when applying for AOS you will have the ability to state his previous names.

Best of Luck to you

[GrayL 47]

That's the first time I hear about changing last name this way, husband taking wife's last name. Is it even possible? (excuse my ignorance if it is a stupid question)

When the wife takes her husband's last name, there's no problem at AOS, She just put her new married name in the forms. Even if the passport still has her maiden name, the marriage certificate acts as a proof of name change (no need to ask for a new passport or other IDs for the AOS). That's what I did. It's better changing your last name before applying for AOS because that's the name that will appear on your green card and other immigration documents. If you change it later, it will be pricey to change the green card for example.

Believe it or not it does happen, about 5-10% of the time.

I'm a wedding DJ/Emcee by trade, and part of that job is announcing brides and grooms to their guests at their reception. It's certainly not common but it does happen! The reason is for an array of reason from family name retention wishes to as simple as he has a terrible last name! I did a wedding quite recently, his last name was 'Cumin', so yeah you get the point!

Edited October 22, 2012 by GrayL

[didopage 337]

I didn't know that. By the way, marriage certificates are not all the same. Mine shows my new married name at the bottom of it, but I agree that some from other places don't show it.

And OP's husband can change his last name on his SS card after applying for AOS. I did it after, and had no problem (the SS employee told me to do it with my EAD or green card in hand, marriage certificate was not enough and they wanted to see an immigration document with my married name on it, don't know why... my I-94 was not expired at all).