SSN, EAD and name change help for K-1 visa!

[Klee 6]

Hi everyone, I've read around other threads and it's just making me more confused. I entered the US on May 9th. It has been a little over 2 weeks and we planned to go today to get my SSN (May 25th). We are also picking up a marriage licence today and plan to be legally married on May 31st. So my understanding is that I can get my SSN today and then after the EAD is approved I will be able to go back to the office and remove the conditions about not being able to work on my card.  If we get married on May 31st and I change my name, am I required to get my name changed on my SSN right away? I'm thinking it would be easier to just go back to the SSN and have the conditions about working removed and my name changed at the same time so I don't have to make multiple trips. Does it matter that I would get the name changed on the card a few months after we've already been married? OR is it just easier to just go to the SSA and apply for my SSN when I have a marriage certificate but before I apply for AOS? If I do this I would still be applying for SSN well before the 76 day deadline. What if I don't change my name? Am I able to change it later or will it be much harder that way?

Also, what do I do about my Canadian passport that has my old name in it? I had to renew my passport before my k-1 interview and the woman who helped me told me I would have to apply for a whole new passport after I change my name, though I don't know how much she knew about K-1 visas. Does anyone have experience with this? If I do have to renew it, what about my I-94 and entry stamp that are in my passport?

Thanks and sorry if anything was unclear!

[Ontarkie 14,221]

Get the SSC now in your maiden name. It's best to have it issued at first in the name that matches the visa. 

You won't get the EAD till after you get married and file for AOS.  Then you wait roughly 90days for it to come in. 

When you apply for AOS use your married name if that is what you want to go by. Put your Maiden name in other names used. So fill it all out with married name. 

 

Yes you would need to get a whole no passport if you want to change the name on it. Or wait till it's about to expire and do it then. When traveling keep a copy of your marriage certificate to match the names to GC. 

[Klee 6]

2 minutes ago, Ontarkie said:

Get the SSC now in your maiden name. It's best to have it issued at first in the name that matches the visa. 

You won't get the EAD till after you get married and file for AOS.  Then you wait roughly 90days for it to come in. 

When you apply for AOS use your married name if that is what you want to go by. Put your Maiden name in other names used. So fill it all out with married name. 

 

Yes you would need to get a whole no passport if you want to change the name on it. Or wait till it's about to expire and do it then. When traveling keep a copy of your marriage certificate to match the names to GC. 

Thanks! So at what point would I go back to the SSA? Will I have to go back after the EAD is approved to get the conditions about working waived and then after the green card is approved so that I can change my last name on the card?

[Ontarkie 14,221]

Oh man that part I don't remember.

[Dutchster 1,107]

So what you could do is get your social security card in your maiden name asap. After you get married and have the marriage certificate, take that one with you or a legal copy, and get your name changed to your married name. Just make sure you do it before your I-94 expires. (About two weeks beforehand but rather asap again to avoid that they cannot issue the card anymore)

[Dutchster 1,107]

Once you get your green card, you can return to the SSA office and show them your green card. You will receive a regular social security card.

[Mollie09 1,543]

30 minutes ago, Klee said:

Thanks! So at what point would I go back to the SSA? Will I have to go back after the EAD is approved to get the conditions about working waived and then after the green card is approved so that I can change my last name on the card?

 

The conditions about working only get removed when you get your GC.

[Klee 6]

7 minutes ago, Mollie09 said:

 

The conditions about working only get removed when you get your GC.

That really clarifies things for me. Thanks so much. I was under the impression I had to go back after the EAD was approved as well. So essentially I can get the SSN today and then go back to the SSA after I have my green card to change both my name and the work conditions?

[Scandi 4,166]

Most SSA will allow you to change your name as soon as you have your marriage certificate, no need to wait for EAD or greencard. The marriage certificate you receive after you get married is proof of the name change. Not all office are willing to change your name on the SSC with no valid ID with your new name on it, but most offices are, so it's definitely worth a try. Preferably way before your i-94 expires.

 

And yes, up until you receive your greencard your SSC will have the "only valid for work with DHS authorization", the EAD is the DHS authorization. So when you get your greencard you can go back and have that text removed as you no longer need DHS authorization (EAD) to work.

Edited May 25, 2017 by Scandi

[Ksenia_O 696]

1 hour ago, Klee said:

That really clarifies things for me. Thanks so much. I was under the impression I had to go back after the EAD was approved as well. So essentially I can get the SSN today and then go back to the SSA after I have my green card to change both my name and the work conditions?

Technically, you can wait for your green card, to save some time and get both changes done during one visit.

 

I don't know  how things are in WA, but in a lot of states you have to have your SS card to get your Driver License. It's a "challenge" anyway - to get/renew your driver license during AOS/ROC after arrival as a K1/K2 visa holder, and in most cases DMV wants to see the same last name  - on your SS card and your ID.  My first DL was under my maiden name - DMV looked at my passport, K1 visa, I-94 and SS card. Every document indicated the same last name - maiden one..  When I got my EAD, under married name, I visited DMV to renew my DL, and I was asked to change my last name on my social security card FIRST. Only after I got that change done, they renewed my DL, under married name that time. 

Though the requirements can differ from state to state.

 

Aslo, AOS can take up to 10-12 months. There are a lot of VJ folks, who've been waiting even longer than that, And if  it's  time to file taxes for Tax year 2017 and your AOS is still pending,  you wont be able to file taxes under married name, if your SS card doesn't indicate it.  

 

So, as stated above, if you willing to start using your married name -  you should get that name change done when you have your marriage certificate, or when you have your EAD..

 

Good luck!!!!

Edited May 25, 2017 by Ksenia_O

[DrEllaNJ 288]

19 hours ago, Ksenia_O said:

Aslo, AOS can take up to 10-12 months. There are a lot of VJ folks, who've been waiting even longer than that, And if  it's  time to file taxes for Tax year 2017 and your AOS is still pending,  you wont be able to file taxes under married name, if your SS card doesn't indicate it.  

while this is true, I just wanted to reassure you that you could still file MFJ with two different last names. I didn't change my last name (at least not officially) and we did just that, using two different last names. We had no trouble with that whatsoever.

[Ksenia_O 696]

4 minutes ago, DrEllaNJ said:

while this is true, I just wanted to reassure you that you could still file MFJ with two different last names. I didn't change my last name (at least not officially) and we did just that, using two different last names. We had no trouble with that whatsoever.

I didn't say ANYTHING about not being able to file MFJ  I've just mentioned under married name. 

[DrEllaNJ 288]

oh I didn't mean it as an accusation, just clarification in case ppl are wondering

[Ksenia_O 696]

4 minutes ago, DrEllaNJ said:

oh I didn't mean it as an accusation, just clarification in case ppl are wondering

Our first Tax return also was filed MFS, And originally we put my married name on 1040 - our copy is still like that. But when I got our Tax transcript for that year (getting ready for ROC) , I saw my maiden name got corrected by IRS in accordance with the record they had that time in Social Security system. 

[Ksenia_O 696]

2 hours ago, Ksenia_O said:

Our first Tax return also was filed MFS, And originally we put my married name on 1040 - our copy is still like that. But when I got our Tax transcript for that year (getting ready for ROC) , I saw my maiden name got corrected by IRS in accordance with the record they had that time in Social Security system. 

MFJ iI ment - typo