After marriage need to change to K3?

[skinnychubz 0]

Well, my fiance (now wife) got in two weeks ago, we got married - changed her name with the State of Washington (no problems there) then went to the Social Security office to apply for a number. The employee there said she could not register her under her new married name until we got a new K3 (converted from K1) visa from USCIS with the new name on it. I have not seen any reference to this rule on this page or anywhere else for that matter. Any one know anything about this? I'm very wary of going back into USCIS for this!

[skinnychubz 0]

Well, my fiance (now wife) got in two weeks ago, we got married - changed her name with the State of Washington (no problems there) then went to the Social Security office to apply for a number. The employee there said she could not register her under her new married name until we got a new K3 (converted from K1) visa from USCIS with the new name on it. I have not seen any reference to this rule on this page or anywhere else for that matter. Any one know anything about this? I'm very wary of going back into USCIS for this!

Just talked to USCIS - they said that of course they will not issue a K3 visa, but that maybe SSA was saying we need to change her name with them (possibly get an updated I94 with the new name) before SSA can issue a card under that new name.

The reason we are doing this is so that her name is consistent and recognizable throughout the documentation process.

However looking now at the experiences documented in this thread, it seems like we can just get her the SSN with her maiden name (as it appears on her I94, and marriage certificate), fill out all of the AOS forms in the new married name (as she is known by the State of Washington) - and then change her SS name later on. Does this sound right?

[Inky 1,111]

File her AOS with her married name yep. And when you get the EAD or green card go to SSN office and have her name changed.

[Dodi 69]

The SS office was dead wrong.

K3's are a different type of visa altogether, which are being phased out and replaced by the CR-1. Your fiance/wife is eligible to get a SSN now, based on the K1 visa she came in with, so long as it is prior to her 74th day in the country.

SSN Guide This guide should give you more information. Print out the info there, and check the SSA website for the list of "Visas eligible to work in the US". You'll see that the K1 is on it, (don't ask... long explanation as to why we can't). This allows your wife to have a SSN as a K1, regardless of the name change. You should only need to provide the I-94 and a copy of your marriage certificate.

If the clerk there doesn't give her one, ask for a supervisor. If they still persist, go to a different office, and file a complaint with the Inspector General's office.

Hope that helps!

Edited August 18, 2010 by Dodi

[skinnychubz 0]

One other question while it's on my mind...can you fill out I485 other AOS with married name or name on I94?

[HeatDeath 431]

You fill out the I-485 with the name you want to appear on the GC, which is presumably her married name. Put her maiden name under "Other names used."

[skinnychubz 0]

You answered while I was typing my question! What a great community! We are on our way back there right now to get a SSN with her maiden name and will just change that after she gets her GC. Thanks everyone!

[Darnell 8,480]

whoa - a SSA employee said is ok to get a SSN when on a K-3 visa ? wow ! (sorry, that's wrong, also)

however -

go back to any SSA office, apply in VISA name, bring passport and birth certificate

Then - when you hand over the SS-5 form and yer documents - kindly remind the clerk to look her up in the SAVE database, by VISA NAME and/or A# in the VISA.

If the clerk doesn't know about SAVE, ask for supervisor.

Finally, if she's not found in SAVE (by VISA NAME or A#) - stop. Come back in a week, as the SAVE database hasn't been 'synched up' yet for her record. Don't go through any 'DHS/USCIS electronic verification', even if they want to do that - tell them that you withdraw the application. But DO come back in a week, apply again.

Once you have the card in hand, go back, have the NAME CHANGE to married name. I know it's a hassle, but hei !

Good Luck !

(Suggest to bring a copy of this post with you).

[skinnychubz 0]

Xie xie Darnell and thanks others.

We went back and applied with the visa name, and will just get it changed after we receive GC.