CHANGE OF STATUS

[che08 0]

HI EVERYONE. I AM HERE IN CALIFORNIA IN K1 VISA. I GOT MARRIED DEC. 19TH. WE ARE NOW READY TO FILE MY CHANGE OF STATUS. I WAS ABLE TO GET SSN BUT USING MAIDEN NAME BECAUSE THEY SAID WE SHOULD FILE THE CHANGE OF STATUS FIRST BEFORE I CAN USE MY HUSBAND'S LAST NAME. IN FILLING OUT FORMS FOR CHANGE OF STATUS, CAN I USE MY HUSBAND'S LAST NAME OF I HAVE TO USE MY MAIDEN NAME? REPLIES ARE APPRECIATED. THANK YOU!

[VanessaTony 3,567]

HI EVERYONE. I AM HERE IN CALIFORNIA IN K1 VISA. I GOT MARRIED DEC. 19TH. WE ARE NOW READY TO FILE MY CHANGE OF STATUS. I WAS ABLE TO GET SSN BUT USING MAIDEN NAME BECAUSE THEY SAID WE SHOULD FILE THE CHANGE OF STATUS FIRST BEFORE I CAN USE MY HUSBAND'S LAST NAME. IN FILLING OUT FORMS FOR CHANGE OF STATUS, CAN I USE MY HUSBAND'S LAST NAME OF I HAVE TO USE MY MAIDEN NAME? REPLIES ARE APPRECIATED. THANK YOU!

If you changed your name at marriage (it will be on your licence) then complete the forms in your married name so your cards (EAD, GC and AP doc) arrive in your married name. Once you have your greencard and/or EAD (I think EAD as well) you will be able to go and change your name on your SSN. Some offices allow you to change it just with the marriage licence, others have said they needed to wait for AOS to go through.

There have been some cases where people assume they've changed their name simply because they married someone and yet signed their maiden name on the licence and nowhere on the licence does it SAY their married name. In those cases a legal name change is required.

Congrats and good luck

**Edit - although the SSA told you that you "can't use your husbands name before AOS" you can. This is now your legal name. I'm not sure why they make you wait, but I suspect it could be so you don't go back later to get the "DHS Authorization required" removed (once you get your GC) and this way it's just a normal SSN and just the one change and one lot of paperwork for them (gotta admit that WOULD save time )

Edited January 26, 2010 by Vanessa&Tony

[elmcitymaven 9,712]

There have been some cases where people assume they've changed their name simply because they married someone and yet signed their maiden name on the licence and nowhere on the licence does it SAY their married name. In those cases a legal name change is required.

This is not necessarily true -- it depends on the state in which you are married/state in which you reside. For example, we married in Vermont; I signed my name as it was before the ceremony (which was the name of my ex-husband). After I returned to the US (we did a DCF in London) I needed to get a Connecticut driving licence, and update my voter's registration and my SSN details. For all of these I just presented proof of my former name and my marriage certificate. In no case did any official say I needed to change my name by deed poll (or whatever it's called in America). And I was changing my name not to my husband's last name but a double-barreled version of it.

[*takes off pedant's hat]

[VanessaTony 3,567]

This is not necessarily true -- it depends on the state in which you are married/state in which you reside. For example, we married in Vermont; I signed my name as it was before the ceremony (which was the name of my ex-husband). After I returned to the US (we did a DCF in London) I needed to get a Connecticut driving licence, and update my voter's registration and my SSN details. For all of these I just presented proof of my former name and my marriage certificate. In no case did any official say I needed to change my name by deed poll (or whatever it's called in America). And I was changing my name not to my husband's last name but a double-barreled version of it.

[*takes off pedant's hat]

Sorry but I still disagree. Everything i've read states the exact opposite. Whilst you might have SIGNED your maiden name, somewhere on the licence it's likely that you wrote your new married name somewhere.. or that the state of Vermont assumes that you must. Here's some "Vermont specific" info.

Here is the DMV's opinion on it: http://www.dmv.org/vt-vermont/changing-your-name.php

"Changing Your Name on License, ID Card and Registration

To make your life easier the DMV uses the same name-change form for registration certificates, licenses and ID cards. You need to complete the aptly named Duplicate Registration Application.

Depending on your situation you must accompany this application with either an original or certified copy of a divorce decree, marriage certificate, civil union document, or court order clearly indicating your name change. Deliver everything, including cash or check for fee purposes ($15 for license, $12 for registration), to a DMV office. It's also a good idea to update your Social Security card with your new name."

Also here: http://newlastname.org/vt-vermont

"Legal name change, as the phrase implies, is the process of actually changing one’s legal name. In the case of a marriage or divorce, this is accomplished by obtaining a marriage license or divorce decree which clearly states the previous name and the new name."

So, there you go. Maybe you're just special, but legally, this is what's needed.

**Edit. Maybe the SSA are the people who don't care and once that's changed, then the rest is no issue...

Edited January 26, 2010 by Vanessa&Tony

[Kathryn41 3,205]

moved from K-1 forum as this is now an AOS matter

[che08 0]

Sorry but I still disagree. Everything i've read states the exact opposite. Whilst you might have SIGNED your maiden name, somewhere on the licence it's likely that you wrote your new married name somewhere.. or that the state of Vermont assumes that you must. Here's some "Vermont specific" info.

Here is the DMV's opinion on it: http://www.dmv.org/vt-vermont/changing-your-name.php

"Changing Your Name on License, ID Card and Registration

To make your life easier the DMV uses the same name-change form for registration certificates, licenses and ID cards. You need to complete the aptly named Duplicate Registration Application.

Depending on your situation you must accompany this application with either an original or certified copy of a divorce decree, marriage certificate, civil union document, or court order clearly indicating your name change. Deliver everything, including cash or check for fee purposes ($15 for license, $12 for registration), to a DMV office. It's also a good idea to update your Social Security card with your new name."

Also here: http://newlastname.org/vt-vermont

"Legal name change, as the phrase implies, is the process of actually changing one’s legal name. In the case of a marriage or divorce, this is accomplished by obtaining a marriage license or divorce decree which clearly states the previous name and the new name."

So, there you go. Maybe you're just special, but legally, this is what's needed.

**Edit. Maybe the SSA are the people who don't care and once that's changed, then the rest is no issue...

WOW THIS IS DEFINITELY CONFUSING. WE GOT MARRIED IN LAKE TAHOE NEVADA AND I FILLED OUT THE FORMS IN MY MAIDEN NAME BECAUSE IT WAS BEFORE THE CEREMONY. THERE WAS NO PLACE TO PUT MY MARRIED NAME. SO DOES THIS MEANS WE HAVE TO DO LEGAL NAME CHANGE? WE THOUGHT THAT SINCE WE'RE MARRIED, I CAN USE HIS NAME LEGALLY. SIGH*

[F & J 21]

WOW THIS IS DEFINITELY CONFUSING. WE GOT MARRIED IN LAKE TAHOE NEVADA AND I FILLED OUT THE FORMS IN MY MAIDEN NAME BECAUSE IT WAS BEFORE THE CEREMONY. THERE WAS NO PLACE TO PUT MY MARRIED NAME. SO DOES THIS MEANS WE HAVE TO DO LEGAL NAME CHANGE? WE THOUGHT THAT SINCE WE'RE MARRIED, I CAN USE HIS NAME LEGALLY. SIGH*

My husband and I got married in Las Vegas, Nevada and we were required to write our names on the Marriage License Application exactly as it appeared on the identification we presented. Of course since we weren't married yet, my passport (the only form of ID I had at the time) was still in my maiden name. We filed our AOS application using my married name (with my husband's last name). My SSN card is also still in my maiden name (I applied for it before our wedding) and on the SSA website it says that you can change your name by presenting proof of legal name change (this includes marriage) - just present your marriage certificate and current immigration document with your new name (you can use either the EAD once your I-765 has been approved or green card once your I-485 has been approved).

Edited January 26, 2010 by Fatima and Jim

[che08 0]

My husband and I got married in Las Vegas, Nevada and we were required to write our names on the Marriage License Application exactly as it appeared on the identification we presented. Of course since we weren't married yet, my passport (the only form of ID I had at the time) was still in my maiden name. We filed our AOS application using my married name (with my husband's last name). My SSN card is also still in my maiden name (I applied for it before our wedding) and on the SSA website it says that you can change your name by presenting proof of legal name change (this includes marriage) - just present your marriage certificate and current immigration document with your new name (you can use either the EAD once your I-765 has been approved or green card once your I-485 has been approved).

THANK YOU SO MUCH. IF I UNDERSTOOD YOU CORRECTLY, THERE WILL BE NO PROBLEM FILING FOR CHANGE OF STATUS USING MY MARRIED NAME EVEN THOUGH OUR MARRIAGE CERTIFICATE INDICATES MY MAIDEN NAME. THANKS AGAIN. I GUESS I CAN NOW PRINT OUT THE FORMS.

[norrin 3]

Here in texas nothing on the marriage license says your married name. My name appears as my name marries her maiden name when we went to the courthouse and turned in the marriage license the deputy asked how many copies of the marriage certificate we needed and told us to show these to "facilitate name change" I said well how do we do that and she said you just take it to social security and show them you are married and what name you want to change it to.