Cannot change name on Social Security without having actual Green Card?

[manozi 0]

Hi all,

Just came back from the Social Security office here in San Jose, CA - we went to change the wife's last name to reflect our marriage in January.

However, we were told that she cannot change her current last name to her married last name without presenting a green card (which we don't have yet - we're going through the AOS process as we speak).

We received the acceptance notices (NOA) for her Adjustment of Status (I-485) and her travel and work permits. We have an appointment for biometrics coming up on the 16th of March. She also received her Social Security card (in her maiden name, of course), a few days ago.

In other words, everything is in order - our AOS app. is simply still going through the system - she has her SS card and all.

I don't believe that she needs to have her green card in order to change her name on her SS card - doesn't make sense.

She needs to have SS in her married name, in order to open a joint bank account with me, apply for a driver license, register for health insurance etc. - after all, this is the name she will be using from now on. And we need to take care of those things before we have the actual green card, obviously.

The guides for K-1 (she came in on a K-1 visa) on VisaJourney indicate that she can change her name before she receives her GC, as well.

So, am I right, can she change her name on her SS card as things stand right now?

Seems to me that this is a case of the SS clerk(s) not knowing what they are talking about; but I could be wrong.

I'd very much appreciate any insight.

Thanks for the help,

Manol

Edited March 8, 2010 by manozi

[Otto 83]

What is the expiration date on the I-94?

(Having a timeline here on VJ would help.)

** Moving thread from AOS Forum to "Working & Traveling prior to getting a Green Card" where these types of topics typically go.

[manozi 0]

What is the expiration date on the I-94?

(Having a timeline here on VJ would help.)

** Moving thread from AOS Forum to "Working & Traveling prior to getting a Green Card" where these types of topics typically go.

April 09, 2010.

It's still valid.

Cheers,

Manol

[Brother Hesekiel 2,235]

Still valid, yes, but less than 60 days remaining. Thus, she'll will have to wait until she gets the Green Card. Always better for an immigrant not to change their name, as it's not required in the United States.

[I'm Gone 60]

April 09, 2010.

It's still valid.

She has well over 14 days before the I-94 expires, so she is still eligible to have the name changed on the SSN record and be issued a card in that name based on the K-1 status. Either go back to that office and ask to see a manager if they won't at least accept the application, or try another SSA office.

Regardless, the name on the SSN record can be correct, but a card won't be issued at any time.

So ask the genius why do I need my Form I-551 to change my name when I can do it without any work authorization.

RM 10212.001 Defining the Legal Name for an SSN

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212001

B. Evidence of legal name

2. Foreign born individual

A foreign-born person’s legal name is the name shown on his or her immigration document (includes hyphens and apostrophes).

The only time you may process an SSN application in a name that does not agree with the name shown on the immigration document is if the person legally changed his or her name after the immigration document is issued. In these situations, the legal name is the name shown on the evidence of the name change.

RM 10212.055 Evidence Required to Process a Name Change on the SSN based on Marriage, Civil Union and Domestic Partnership

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212055

B. Evidence of new name

Accept a name change document based on marriage, civil union or domestic partnership as evidence of the new name be shown on the card, if the new name can be derived from the document.

Any of the following changes to the last name, using the names shown on the evidence, are permitted:

-- bride takes the groom’s last name;

-- groom takes bride’s last name;

-- spouse or partner takes the other parties’ last name;

-- spouse or partner takes one part of the other parties’ compound surname;

-- compound name (with or without hyphen) of each spouse’s or partner’s original surname for either or both parties...

D. Example of acceptable evidence to process a name change based on marriage

Lisa Foster submits evidence of the name change event, her US ceremonial marriage to Bryan Lee-Walsh. She wants to change her surname to a compound surname, Foster Lee, with only part of Bryan’s surname. Since this new name can be derived from the prior names shown on the marriage document, the marriage document is acceptable evidence of the new name. We may also change Lisa’s surname to one of the following if she requests it:

-- WALSH,

-- LEE-WALSH (or reverse, with or without space or hyphen),

-- LEE FOSTER (with or without space or hyphen, Foster Lee could also have a hyphen or not have a space)

-- FOSTER WALSH (or reverse, with or without space or hyphen)

-- FOSTER LEE WALSH (in any order, with or without spaces or hyphens)

The marriage document can also be used as acceptable evidence of identity, if it shows Lisa’s prior name (Lisa Foster) and either her age, birth date, or parents’ names, that matches the data on the Numident, and if the marriage took place within the prior two years.

RM 10211.605 Request for a Replacement SSN Card Obtained for a Nonwork Purpose

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211605

A. Correcting Numident data when a replacement card cannot be issued

If the alien does not provide evidence of work authorization or a valid nonwork reason, explain that we cannot issue a replacement card.

1. Alien provides documentation supporting the change

Although the FO cannot issue a replacement card, you may correct the Numident if the alien provides documentation supporting the change (e.g., a name change).

If the alien provides documentation supporting the change, process the replacement card application to update the Numident information but suppress the issuance of a card.

-- Answer “yes” to the "Suppress card issuance" question on the SSNAP Additional Information screen and record the nonwork reason documentation on the SSNAP Proof of Legal Alien Status screen.

[CDAgirlMI 51]

Everytime I see a thread like this I cringe.

I totally don't understand how some people can change their names & others in the exact same boat can't.

I went back a 2nd time after them telling me they couldn't change it. I explained the things mentioned on this board, but they still won't do it.

I just throw my hands in the air & say "whatever".

I can't argue with government employees when the sky is blue & they tell me it's green.

[Brother Hesekiel 2,235]

Everytime I see a thread like this I cringe.

I totally don't understand how some people can change their names & others in the exact same boat can't.

I went back a 2nd time after them telling me they couldn't change it. I explained the things mentioned on this board, but they still won't do it.

I just throw my hands in the air & say "whatever".

I can't argue with government employees when the sky is blue & they tell me it's green.

The sky is not blue.

Your eyes may perceive it as being blue, for a dog' it's greenish gray. Can we blame the sky for this, or should we accept the fact that not everything is exactly the way we are convinced it is?

Thank you for the wonderful example of human ignorance. No offense intended.

Edited March 9, 2010 by Just Bob

[I'm Gone 60]

Everytime I see a thread like this I cringe.

I totally don't understand how some people can change their names & others in the exact same boat can't.

I went back a 2nd time after them telling me they couldn't change it. I explained the things mentioned on this board, but they still won't do it.

I just throw my hands in the air & say "whatever".

I can't argue with government employees when the sky is blue & they tell me it's green.

If you think the person waiting on you at the SSA office doesn't know what they are doing ask for a manager.

You can also send an e-mail to SSA:

http://www.ssa.gov/feedback/

Be sure to include your immigration status, for example, K-1, the application reference number if you have filed an application, the office where you had the problem (City State and address if there is more than once SSA office in the city) and your phone number.