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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Okay, my wife is in the AOS process on a k-1 visa. When we married we informally changed her name from Michelle Ignacio Amador(maiden name) to Michelle Amador Miller. So we changed her middle name to her maiden last name & took out her original middle name....because its a part of the filipino culture. So, We just got her EAD & AP...not GC yet. We went to the License Bureau to see if we could get her a State ID or Drivers License. They asked for the AOS receipt & marriage certificate(the marriage certificate doesn't show a name change).

Well, evidentally in the state of Ohio we just found out that you can't do that unless you do a legal name change(paperwork and 125 dollars). They said that the paperwork from the federal government on her AOS, EAD, AP was not valid in the state of Ohio because of the middle name being different on the marriage certificate & the Federal paperwork. So, I brought up a legal name change. She said that if we have a certificate of legal name change, then they would be able to do it. So, I'm getting ready to apply for a name change for her...but I don't want that to mess up the processing....Should I wait for the GC? By the way, they said that they wouldn't except a GC with the new middle name either...Well, I'm going to sit here and fill out this paperwork for the name change. Hope to hear from someone soon. Thanks, God bless

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Okay, my wife is in the AOS process on a k-1 visa. When we married we informally changed her name from Michelle Ignacio Amador(maiden name) to Michelle Amador Miller. So we changed her middle name to her maiden last name & took out her original middle name....because its a part of the filipino culture. So, We just got her EAD & AP...not GC yet. We went to the License Bureau to see if we could get her a State ID or Drivers License. They asked for the AOS receipt & marriage certificate(the marriage certificate doesn't show a name change).

Well, evidentally in the state of Ohio we just found out that you can't do that unless you do a legal name change(paperwork and 125 dollars). They said that the paperwork from the federal government on her AOS, EAD, AP was not valid in the state of Ohio because of the middle name being different on the marriage certificate & the Federal paperwork. So, I brought up a legal name change. She said that if we have a certificate of legal name change, then they would be able to do it. So, I'm getting ready to apply for a name change for her...but I don't want that to mess up the processing....Should I wait for the GC? By the way, they said that they wouldn't except a GC with the new middle name either...Well, I'm going to sit here and fill out this paperwork for the name change. Hope to hear from someone soon. Thanks, God bless

I'm getting worried now reading through these documents on name change. First of all, she needs her Certified Birth Certificate...this is the one that I got them to accept for the marriage license, but the SS office wouldn't accept it because of it saying Copy 1 of 1 on it. They thought it was a photocopy. The probate court accepted it the first time, so hopefully they'll accept it this time too, but what if they don't? Then what! Also, she has to be a resident of Ohio for at least one year. She's only been here for 6 months. Is there a way we can get ahold of the USCIS and have them change her name(just leave the original middle name & take out the last name completely)? Anyways, I'm pretty sure this point to an attorney, but I'm trying my best to stay away from attorney costs as I'm on a pretty tight budget. Any help would be greatly appreciated! Thanks again

Filed: K-1 Visa Country: Philippines
Timeline
Posted
I'm getting worried now reading through these documents on name change. First of all, she needs her Certified Birth Certificate...this is the one that I got them to accept for the marriage license, but the SS office wouldn't accept it because of it saying Copy 1 of 1 on it. They thought it was a photocopy. The probate court accepted it the first time, so hopefully they'll accept it this time too, but what if they don't? Then what! Also, she has to be a resident of Ohio for at least one year. She's only been here for 6 months. Is there a way we can get ahold of the USCIS and have them change her name(just leave the original middle name & take out the last name completely)? Anyways, I'm pretty sure this point to an attorney, but I'm trying my best to stay away from attorney costs as I'm on a pretty tight budget. Any help would be greatly appreciated! Thanks again

Well, no replies yet...any thoughts on this? I'm really stressed about this...and just trying to figure out what I should do. Basically it looks like its impossible to get a legal name change for her until she's lived here in this county for at least a year. So...according to the DMV, she doesn't have a legal name to be used in the state of Ohio until we go through the name change process. Right after I started this thread, I went to the SS office here to change her SS card from maiden name to her married name. They used the EAD & didn't have any problem doing it for me, although they said they'll have to wait until the USCIS contacts them with verification of the new name. They said that its still her maiden name in the system, and after that is cleared then they'll send out the new card(same number, different name).

So, as far as the Federal government is concerned, her legal name is Michelle Amador Miller, but the State government(as far as I know) won't reconize this as her legal name until we have went through the legal process of changing her name. I really don't know what to do but just wait until August of this year so that we can change her name legally. Before that, we can't get her a State ID/Drivers License in her married name. I'd like to hear from anyone who has any information on this. Thanks for your help

Posted (edited)

Strange - I'm from Ohio and didn't have to do any of that.

We recieved her first SSN card prior to filing the AOS (her maiden name) and went to get the State ID (in maiden name - it was only good for the length of time for the I-94), then when became married, we started using her new last name (on the marriage certificate), filed the AOS with this new name. (From my understanding - that is all you need to do to change the name after being married)

Once she received her GC (married name), we went to get the drivers license - and they used the info on her GC (Married name).

We still need to go to the SSA and change her name for her card - but the DMV didn't question it at all. (Old SSN card in maiden name) (In retrospect - I should of changed the SSN card first)

(everything above occured in the last 4 months)

Now - looking at your post - you didn't change her name on the marriage certificate - which is why they are probably making you do the ID change.

What you can do probably - is to wait for the GC (with the name you want to use) and then change your SSN card to this name. (with the SSN card/GC - they will give you a license)

You either will have to get the SSA to accept your birth certificate, or get another copy of it.

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)
Strange - I'm from Ohio and didn't have to do any of that.

We recieved her first SSN card prior to filing the AOS (her maiden name) and went to get the State ID (in maiden name - it was only good for the length of time for the I-94), then when became married, we started using her new last name (on the marriage certificate), filed the AOS with this new name. (From my understanding - that is all you need to do to change the name after being married)

Once she received her GC (married name), we went to get the drivers license - and they used the info on her GC (Married name).

We still need to go to the SSA and change her name for her card - but the DMV didn't question it at all. (Old SSN card in maiden name) (In retrospect - I should of changed the SSN card first)

(everything above occured in the last 4 months)

Now - looking at your post - you didn't change her name on the marriage certificate - which is why they are probably making you do the ID change.

What you can do probably - is to wait for the GC (with the name you want to use) and then change your SSN card to this name. (with the SSN card/GC - they will give you a license)

You either will have to get the SSA to accept your birth certificate, or get another copy of it.

I think there big problem at the DMV was the middle name being changed, not the last name...I didn't even know you could get the marriage certificate in her married name....cuz your not married when you apply for the license/certificate...thats interesting that you can do that. Well, since I'm not having a problem with SS office doing the name change(and there only using the EAD), we will at least have a SS card & greencard in married name...so thats kinda hard arguing with. But, we'll see...if worse comes to worse, we will have to go through the legal name change....but what just kills me is that we can't even do the legal name change yet cuz she hasn't lived here long enough...hahaha...oh and about the birth certificate....my wife is swearing up & down that the one we showed SS office was just that, a photocopy. We ordered new ones which she says will work...still says copy on them but I guess it has the proper stamp...so that shouldn't be to much of a problem. Anyways, thanks for your reply. I know I had a bunch of reading to do there, so thanks alot. Take care

Edited by zayzay_04
Posted

Marriage license <> marriage certificate.

License is before marriage, certificate is after, name change :)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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