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Filed: AOS (apr) Country: Philippines
Timeline
Posted

Good day guys,

I am Newbie here and i just wanted to share my views about what's going on/happened with my paperwork.

I came here under k1 visa. It was february 2010 when we filed for AOS along with EAD and AP.

When we were about to fill in the forms we were arguing about what to use as my SURNAME, is it my maiden name as He( my husband) was suggesting to write/use because he thought that the USCIS will be the one to change everything provided with the Marriage Certificate or His name which i believed was right. So, finally, we end up using my maiden name as my surname instead of married name. After waiting for 4 months, i finally received my AP and when i looked at it i saw my maiden name and not HIS name. Then one month after, i got my EAD and saw same thing, IT WAS MY MAIDEN NAME.The day after i received my EAD, i went to SSO to apply for SSN. I handed him( SSO employee)the application form, EAD card and approval letter and told him that i wanted to use my husband's name instead of maiden name that is in the EAD.At first, he said he couldn't do anything to change it because whatever information that is in the EAD it should also appear in SS Card. Then, we paused for a moment and finally he asked for our Marriage Certificate and passport and start working on his computer. And my husband suggested if i could use my second name as my middle name e.g rachell ann ( since i have 2 names as my first name, he said that it would be a lot easier(what i meant about easier here is that since i have a long first name plus mother's name plus father's name) if i'll use the second name of my first name as my middle name and without any hesitation we both agreed knowing that it won't give any problem since the man/ employee didn't bother to react or comment with it.

And last night, when i checked my status online at www.uscis.gov it says that CARD PRODUCTION and it will be here within 30 days. And next week, we will start working in opening bank account,Driver's license and getting in to school. My husband said that i should use or keep his name whatever things i do or forms to fill out in the future even if my EAD & GC are in my maiden name. What should i do? Will this affect my other documents or identity?We know that we could have our name change but then we can't just afford to spend another hundreds just for this and we wanted to wait until it's time to lift the 2 years GC condtion? Also, do we need to pay a certain fee by the time we want to change the name just before the expiration of 2 years GC conditon?

This is just too complicated and i know some of you out there can give me some thoughts about this situation i am facing right now. I would really appreciate whoever can enlighten me with this problem i have.

Thanks and more power

Rosemike

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

Well as you now know your husband was wrong. Whatever name you wrote on your paperwork is the name you wanted on your documents. USCIS doesn't assume a woman is changing her name, it's a personal choice not a government one.

Anyway now you need to fix the problem.

You will NEED to do everything in the name that is on the greencard. It's unlikely the DMV (drivers licence place) will give you a licence in a name other than that on your proof of status documents. Unfortunately your only option is to either cough up the $300-ish to file an I-90 to change the name on your card, OR you will need to wait until ROC when you can do it for free.

In the meantime you can CALL yourself by your married name if you like, but all your legal documents (drivers licence, bank account etc) must be in your maiden name as that is your proof of legal status. Also, side note, your legal name is NOT what you choose it to be, unless it's JUST your surname (last name) changing. You need a legal name change to change your first and middle name (split them the way you do), or you would for my state at least so please check your state requirements.

As an example, for me, I currently have a bank account in my married name. They let me change it of course since I'm married and showed them my marriage certificate. Issue is, my SSN is in my maiden name (can't change it till I get the GC as my I-94 has expired), my passport and every other ID is in my maiden name. I have no PROOF that this is me unless I show the marriage licence. It's very difficult. With the Arizona law as well (about legal status) you definitely wouldn't want ANY documents confusing who you really are so sorry, but you're either going to have to stick with your current name (your maiden name, including your two first names) on all your documents unless you wanna pay to have your name changed... but you can definitely refer to yourself as whatever you want.

Edited by Vanessa&Tony
Filed: Citizen (apr) Country: Kenya
Timeline
Posted

In the meantime you can CALL yourself by your married name if you like, but all your legal documents (drivers licence, bank account etc) must be in your maiden name as that is your proof of legal status. Also, side note, your legal name is NOT what you choose it to be, unless it's JUST your surname (last name) changing. You need a legal name change to change your first and middle name (split them the way you do), or you would for my state at least so please check your state requirements.

Can you elaborate on this? I have a feeling this is not the case in Texas, but if your DL, SS card, bank account, bills, etc are all in your new name (for example, I dropped my middle name & changed it to my maiden name on my cards which is what my job, bank, etc all go by) then what is the legal name change in the courts for? Or in your state can they not change your middle name on your bank account etc without a legal name change?

K-1
09/09/09 - NOA1 :: 10/20/09 - NOA2 :: 01/11/10 - Interview :: 02/24/10 - POE :: 04/10/10 - Wedding

AOS
05/17/10 - NOA :: 06/08/10 - Transferred to CSC :: 07/02/10 - Biometrics :: 07/16/10 - EAD/AP Approved :: 10/26/10 - AOS Approved

ROC
08/16/12 - NOA :: 09/13/12 - Biometrics :: 04/12/13 - Approved :: 04/19/13 - GC received


Naturalization
08/22/13 - NOA :: 09/20/13 - Biometrics :: 01/30/14 - Interview - Approved :: 02/27/14 - Oath

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

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