Marriage certificate Name and Aos Filing

[Bjorn&lyne 20]

Hello,

My K-1 fiancee and I just got married. On the marriage certificate, her maiden last name is listed, not my last name, which she wants to adopt as her official last name. We will change her last name in court officially soon. However, we need to file her AoS documents within a couple of weeks. Should we file the AoS documents in her maiden last name as on the marriage certificate or my last name, which will be her new last name once we file the name change in court? I suspect we file the identical name as on the marriage certificate, but want to be sure.

Edited April 26, 2015 by Bjorn&lyne

[CF41051 3]

The last name is changed simply by using it, there's nothing to do in court. File the AOS using your last name, then go from there.

[NikLR 13,220]

The marriage certificate has her maiden name because that is who she was when she got married. There is no need to change anything else (nor would there be any way to change anything as she's not a USC) and she can now use her married name to apply for anything, including the AOS.

[Jo Së 200]

As others have said, you simply change her name by using yours, nothing else needs to be done. Just make sure that on the applications she uses her name, the marriage certificate will be proof that she is married to you and can use your last name.

[notusinganymore 31]

When filling in your AOS documents, you should put the last name you want to use. Which means it will be your last name. No need to have it changed in court.

[YouAndMeForever 1,022]

Hello,

My K-1 fiancee and I just got married. On the marriage certificate, her maiden last name is listed, not my last name, which she wants to adopt as her official last name. We will change her last name in court officially soon. However, we need to file her AoS documents within a couple of weeks. Should we file the AoS documents in her maiden last name as on the marriage certificate or my last name, which will be her new last name once we file the name change in court? I suspect we file the identical name as on the marriage certificate, but want to be sure.

This is normal. My marriage certificate has my maiden last name on it too. She does NOT need to change her name in court. The marriage certificate is the official proof that both last name belongs to her. File for AOS with the name she wants to use in the future (as you stated, her married last name).

After you file for AOS, they will schedule a biometrics appointment for her at the local USCIS office and she will need to present a valid ID. If she files for AOS with her married name and she takes her passport as an ID to that appointment, make sure she has a copy of the marriage certificate with her as proof of name change.

Also, it is up to her whether she wants to get a new passport with her married name in it or let the old one expire and then renew it using her married name. Even after she gets her green card she can travel with her old valid passport in case she carries a copy of the marriage certificate with her.

Good luck!

[KayDeeCee 4,891]

A marriage certificate is the legal name change documentation needed for someone changing their name through marriage. You do not need to get a court ordered name change when changing your name because of marriage.

[Bjorn&lyne 20]

By the way, when you go for biometrics, make sure you bring the birth certificate, marriage certificate, bot originals, and passport. The USCIS did not accept copies of the marriage certificate when we went there. Luckily, we came very early and had time to go back home and get an original.