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USCIS chose my middle name!

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Filed: Citizen (apr) Country: Brazil
Timeline

Hi,

I just got my Green Card on the mail, and I'm not too glad about it.

My maiden name is Viviane dos Santos Nascimento, so when I got married I dropped the dos Santos e added my husband's last name, Hembrock. I filled out my forms with my married name because that's the name I want to carry. All my USCIS mail and my EAD has my correct name... Viviane Nascimento Hembrock. My GC, however, says dos Santos Hembrock. I have no idea why they kept my middle name instead of the name I chose and filled out the I-485. I do not want to keep dos Santos since Nascimento is my family name.

What can I do? Will I have to pay the $300 fee to replace my GC or is that considered their fault? Can someone please help me?

Thanks,

Viviane

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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First make an infopass and get a stamp in you passport that is the equivalent of the GC. Next send in the GC with an I90 to the listed address and include an explanation that the name on the card is an administrative mistake. Include copies of your original paperwork if you still have it and copies of your notices and EAD with the name correct. They won't charge you if it is an administrative mistake.

I have had to do this as they spelled my surname wrong despite repeated calls and infopasses and service requests to correct it. Definitely get the stamp though as it's been 1 month and I still haven't received a new card.

Good luck.

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They did the same thing to my wife. We immediately sent in a no fee I90 with copies of her social security card, EAD, Military ID and NOA's they sent with the correct name. Additionally sent in a certified copy of the Georgia marriage licence which specifies what the desired middle name will be. Apparently our interviewer changed the name during the interview. Sent it the next day after the green card was delivered (December) and still waiting for what their action will be. The USCIS web site says 3.5 months to get a corrected green card.

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Filed: Citizen (apr) Country: Brazil
Timeline

My marriage certificate has my maiden name, but should I send a copy anyways?

I'll send copies of all I-797C, biometrics, interview notice and ead. That should be fine, right? I don't have to go change my name on the courthouse or anything?

Thanks!

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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Filed: Citizen (apr) Country: Brazil
Timeline

Also, on the form says what's my current legal name. Should I put my maiden name since that's what I have on my drivers license and passport, or is it the name I want and have on my EaD? I don't even know my freaking name! Sucks :(

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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The US has weird laws relating to legal names. They don't recognise common law or common use names except as alias'. It may be best just to use the name on your EAD and send a copy of that along with a copy of your marriage cert. Although, I think your marriage cert should use the last name you intend to use as this is the legal name change. If you want to make legal changes after marriage you have to have it done at the court house. This is how I understand the US law. My country recognises common law name change so I still use my maiden name as a middle name over there.

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Filed: AOS (apr) Country: Philippines
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Also, on the form says what's my current legal name. Should I put my maiden name since that's what I have on my drivers license and passport, or is it the name I want and have on my EaD? I don't even know my freaking name! Sucks :(

You current legal name should be Viviane Nascimento Hembrock.

Have you changed your driver's license to Viviane Nascimento Hembrock? If not, bring your certified marriage certifite and tell DMV that you want to show Viviane Nascimento Hembrock on your driver's license.

Your passport is probably still showing Viviane dos Santos Nascimento. Probably, you will have to notify your Home country embassy in the USA regarding name change by filing some documents and probably mail your passport for annotation regarding name change due to marriage.

For example, Philippine Embassy in the US will accept name change on the passport and the applicant can either go to the Philippine Embassy in the US physically or mail their passport for annotation regarding name change due to marriage. Of course there is a filing fee.

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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Filed: Citizen (apr) Country: Brazil
Timeline

All my documents are still on my maiden name (except for my EAD). I was waiting for my Green card so I could change my SSN, then drivers license and all the rest. I didn't change my SSN yet because I need to change my name and remove the "work with authorization only" message, so I didn't want to do it twice.

What should I do? Send my green card now, or go get my ssn and drivers license first?

I'm going to register my marriage on the Brazilian embassy. I'm just waiting for my husband's renewed passport and my new birth certificate. I was just waiting for my GC to do everything at once, but now I'm confused.

Thanks!

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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Filed: AOS (apr) Country: Philippines
Timeline

All my documents are still on my maiden name (except for my EAD). I was waiting for my Green card so I could change my SSN, then drivers license and all the rest. I didn't change my SSN yet because I need to change my name and remove the "work with authorization only" message, so I didn't want to do it twice.

What should I do? Send my green card now, or go get my ssn and drivers license first?

I'm going to register my marriage on the Brazilian embassy. I'm just waiting for my husband's renewed passport and my new birth certificate. I was just waiting for my GC to do everything at once, but now I'm confused.

Thanks!

Why would you have to wait for your Green Card to change your name on the SSN card?

Now that you have your EAD with the correct legal name (your husband name), go to SSA local office for name change along with your marriage cetificate.

Go to the DMV with name change along with your EAD documentation and marriage certificate.

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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Filed: Citizen (apr) Country: Brazil
Timeline

Why would you have to wait for your Green Card to change your name on the SSN card?

Now that you have your EAD with the correct legal name (your husband name), go to SSA local office for name change along with your marriage cetificate.

Go to the DMV with name change along with your EAD documentation and marriage certificate.

Because my SSN has the words "Valid for work only with DHS authorization" (I entered the country as an Au Pair) and I've been said that they would only remove that condition with a Green Card.

If I go to a SSN office with my EAD and marriage certificate to change my name, won't they ask to see my GC? If so, I'm guessing it'll be a problem since the name is different. That's what I don't know what to do. If I can change my name on my SSN before sending out my GC, I'll be glad, because then I can change my DL as well, and send copy of both documents as proof.

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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Filed: AOS (apr) Country: Philippines
Timeline

Because my SSN has the words "Valid for work only with DHS authorization" (I entered the country as an Au Pair) and I've been said that they would only remove that condition with a Green Card.

If I go to a SSN office with my EAD and marriage certificate to change my name, won't they ask to see my GC? If so, I'm guessing it'll be a problem since the name is different. That's what I don't know what to do. If I can change my name on my SSN before sending out my GC, I'll be glad, because then I can change my DL as well, and send copy of both documents as proof.

Yes, GC is required to remove the "Valid for work only with DHS authorization".

However, for name change, you don't have to wait for the GC.

To be safe, change your DMV Driver's License or DMV Photo ID to your new name first before heading to SSA with your marriage certificate.

I've read a note regarding name change from the site below. Even though this information is from WA state regarding SSA requirement for name change, it might be used in other states.

http://www.co.chelan.wa.us/ad/adr_marriage.htm

Note: The SSA notifies the IRS of name changes Important Change!! SSA will no longer accept a certified copy of your marriage certificate alone to process your name change request. We recommend that you put off requesting an SSA name change until you have gone through Driver Licensing and have received your laminated license with your new name. Please contact SSA for details and alternatives.

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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Filed: Citizen (apr) Country: Brazil
Timeline

Yes, GC is required to remove the "Valid for work only with DHS authorization".

However, for name change, you don't have to wait for the GC.

To be safe, change your DMV Driver's License or DMV Photo ID to your new name first before heading to SSA with your marriage certificate.

I've read a note regarding name change from the site below. Even though this information is from WA state regarding SSA requirement for name change, it might be used in other states.

http://www.co.chelan.wa.us/ad/adr_marriage.htm

Note: The SSA notifies the IRS of name changes Important Change!! SSA will no longer accept a certified copy of your marriage certificate alone to process your name change request. We recommend that you put off requesting an SSA name change until you have gone through Driver Licensing and have received your laminated license with your new name. Please contact SSA for details and alternatives.

I realize that something may have changed since we went through the process, but in CA (at the time we were applying) they would not change the name on a DL until after it had been changed with social security. It was clearly stated in the online instructions that unless you had been to the social security office and changed your name with them, they would not process your application. They check their computers before starting the process. This law may be unique to CA or may have changed with the new licenses being issued, so I would contact your local DMV for their requirements.

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Filed: Citizen (apr) Country: Brazil
Timeline

Yes, GC is required to remove the "Valid for work only with DHS authorization".

However, for name change, you don't have to wait for the GC.

To be safe, change your DMV Driver's License or DMV Photo ID to your new name first before heading to SSA with your marriage certificate.

I've read a note regarding name change from the site below. Even though this information is from WA state regarding SSA requirement for name change, it might be used in other states.

http://www.co.chelan.wa.us/ad/adr_marriage.htm

Note: The SSA notifies the IRS of name changes Important Change!! SSA will no longer accept a certified copy of your marriage certificate alone to process your name change request. We recommend that you put off requesting an SSA name change until you have gone through Driver Licensing and have received your laminated license with your new name. Please contact SSA for details and alternatives.

Yea, it is necessary to change my name on SSA in order to change my Driver's License. I'm not even too worried about the restriction (since the GC voids it), I was just going to wait for the GC so I could change both things at once. My main concern is just my name. And since I can do that with only my EAD, I'll go ahead and do it.

Now question: should I send my GC right away, or should I wait for me to get the SSN and DL on my new name and submit them as proof of my legal name? I don't know if the DHS will make a big deal out of it, or if it is an easy process. It's not that my name was spelled wrong or anything. They just kept the wrong surname. I would rather send it now, but if there's a chance they will deny it, I'll wait.

Thanks everyone for the replies :)

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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Filed: Citizen (apr) Country: Brazil
Timeline

So I went to SSA this morning, and they changed my name. I wasn't going to show my GC and only do the name changed and not the removal of conditions. I told her, however, that I had the GC with a wrong name and that I was going to send it back to USCIS. She asked to see it because it determines PR. She said she shouldn't update until the GC was corrected, but that she would proceed with the change, anyways. I was relived! She told me to go ahead and send the GC back as soon as possible so it wouldn't be any differences between agencies.

SSN will get on the mail in about a week. After that, I will change my driver's license. I decided to send the GC back right now, with copies of the notices and EAD. If they deny my request, I will send copies of my SSN and DL (I'm guessing by the time they come up with a decision, I'll have those documents in hand).

I also made an infopass appointment for next week to get a stamp on my passport. I won't go to Brazil until December, but we never know. USCIS Customer Service told me I could get one with my approval letter.

Thanks everyone :)

My Timeline - AOS from F-1 Visa

10/09/2010 - Day XX - Married!! smile.png
11/02/2010 - Day XX - Package sent to Chicago Lockbox (I-485, I-130, I-765)
12/15/2010 - Day 41 - Biometrics taken
01/11/2011 - Day 68 - Interview letter received (02/09)
02/09/2011 - Day 97 - AOS Interview (APPROVED!)
02/26/2011 - Day 114 - GC in hands!

Removing Conditions

12/03/2012 - Day XX - Package sent to Vermont
12/07/2012 - Day 04 - Date of NOA
12/19/2012 - Day 16 - Biometrics taken early (Appt. 01/03/13)

05/22/2013 - Day 170 - Approved / Card production

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  • 2 years later...

Hi Vivianne,

Have you received your corrected greencard with the correct middle name/surname? Just curious because it happens also to me now, USCIS used my mothers maiden name instead of my fathers surname as my my middle name.

Thanks,Tet

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