F1 AOS Name Questions

[Brandon55 0]

My wife is a F1 visa holder from Japan and I am a U.S. citizen. We were married last month in Las Vegas where we both live. We want to change her last name to my last name before we file for AOS.

We got married at the Office of Civil Marriages in downtown Las Vegas. When we were filling out the marriage paperwork there was no mention of name change. The marriage paperwork just asked for our legal names.

Now that we have received our marriage certificate I called the county clerks office to ask about changing her name. I was told that it was not possible to change her name without her having a social security number. (From what I understand some F1 visa holders have a social security number, however my wife does not have one.)

I called the USCIS to inquire about changing her name, they told me to call my county clerk, and of course the county clerk told me I need to talk with USCIS. I can't get an answer from either.

We've considered not changing her name, however, her current name is from a previous marriage and not her maiden name. We would really prefer to change her last name to mine, but we also don't want to delay filing i-131/ i485 for too long.

I've read a lot of similar questions on the Internet over the last couple days, but none of them really answered the questions I have.

1. How do we legally change my wife's name without her having a ssn#?

2. If we don't change her name, how much of an issue is it going to be that her current last name is from a previous marriage?

Any help would be greatly appreciated.

Thanks in advance,

Brandon

[Hypnos 6,576]

http://www.dmvnv.com/namechange.htm indicates that, as you were told, the name must first be changed with the Social Security Administration before it can be "officially" changed in Nevada's records (mostly for driver's licenses and ID cards).

Since your wife cannot obtain a social security number until she receives her EAD (or green card), and can't get either of them until she files her I-485, then it looks like you will have to file under her current name.

At the AoS interview you may be able to ask the officer to have the green card issued in her new name, especially if you have changed her name first with the SSA and Nevada by that point.

Edited May 9, 2013 by Hypnos

[seth2013 39]

http://www.dmvnv.com/namechange.htm indicates that, as you were told, the name must first be changed with the Social Security Administration before it can be "officially" changed in Nevada's records (mostly for driver's licenses and ID cards).

Since your wife cannot obtain a social security number until she receives her EAD (or green card), and can't get either of them until she files her I-485, then it looks like you will have to file under her current name.

At the AoS interview you may be able to ask the officer to have the green card issued in her new name, especially if you have changed her name first with the SSA and Nevada by that point.

Hypnos' advice is spot on. Follow it, and you should be fine. I have read other posts indicate that it's perfectly acceptable (and successful) to ask for the GC to be issued in a new name at the interview. Just get that SSN and name change as soon as you can once you receive the EAD.

[CC90 90]

Your wife's name has already been changed. You can use your executed marriage license as proof. You can file under her new name without a problem, and apply for a SS card under the new name. With the issued SS card, then you can get a Nevada DL under her new name.

[SBB 74]

http://www.dmvnv.com/namechange.htm indicates that, as you were told, the name must first be changed with the Social Security Administration before it can be "officially" changed in Nevada's records (mostly for driver's licenses and ID cards).

Since your wife cannot obtain a social security number until she receives her EAD (or green card), and can't get either of them until she files her I-485, then it looks like you will have to file under her current name.

At the AoS interview you may be able to ask the officer to have the green card issued in her new name, especially if you have changed her name first with the SSA and Nevada by that point.

As an F-1, she quite possibly has an SSN already.

[Hypnos 6,576]

The OP indicated his wife does not currently have a social security number.

[Newbie608 103]

Just fill all the forms in her married name and the GC will have her married name. Then you can get a social and everything else in the married name. If you receive EAD before Greencard, you can use that to get social in married name as well. Not all F-1s gets social. It's not a requirement, however if you want to work on a student visa then you can apply for SSN

[Harpa Timsah 13,258]

Yes, just fill out the forms in her married name. That's the way to get her GC in married name. USCIS accepts the marriage cert as valid proof of name change. Then she can work on getting the SSN and everything else.

[AnotherLostSoul 167]

Newbie608 is good....follow that!

Edited May 10, 2013 by AnotherLostSoul