current k1 visa now applying for AOS.. WHAT NAME TO USE?

[fveoh69 0]

My now wife came here on a k1 visa and we just got married 2 weeks ago. We are starting all the paperwork for the AOS. what last name do we use? my last name or her last names? We do plan on changing her last name to mine. She has a social security number when she was here as an au pair in american but has her last name. Can we change her last name before she gets her green card? confused help!

[Dave&Roza 748]

My now wife came here on a k1 visa and we just got married 2 weeks ago. We are starting all the paperwork for the AOS. what last name do we use? my last name or her last names? We do plan on changing her last name to mine. She has a social security number when she was here as an au pair in american but has her last name. Can we change her last name before she gets her green card? confused help!

If you want to use the MARRIED name then complete the form in the MARRIED name and don't forget to add her maiden name to the other names used section. If she wants to keep her MAIDEN name then use her MAIDEN name. You SHOULD be able to go to the SSA with the Marriage Certificate and get her name changed. They may want to see her GC in her MARRIED name or the EAD card before they will change the name to the MARRIED name--it depends on how well educated the SSA person is. Both names are now her legal name. Getting it documented will be the trick. You have until 2 weeks before the I-94 expires to get the name changed without the GC or EAD--using the K-1 visa status and her unexpired I-94. Of course if you do get the name on the SSC changed it will have the annotation "NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION" unless you wait for the EAD or GC. The NUMBER is the most important thing right now, not the name on the SSA account.

FYI: Just remember that she travels internationally on her passport and the tickets MUST match the name used as ID--i.e. her passport. All the GC does is allow her to re-enter the US without having to have a visa. Carry the Marriage Certificate to help the airline employees understand that the person named on her passport is the same as the person named on her GC. (I thought I would answer this question before it is asked).

Good luck,

Dave

Edited November 3, 2013 by Dave&Roza

[Denver422 10]

Married name is better " less confusion"

[fveoh69 0]

ok thank you so much for that explanation. I am a litte unclear with some stuff but here is an update. My wife went to social security to change her last name. They said they can not do that because her I-94 expired?! What does this mean? what do we do? Can I still send all the AOS paper work in my last MARRIED name or what? Does she need her social security card changed before I send this AOS paperwork in? Also they said something about renewing the i-94? Please help again thanks!

[Denver422 10]

File your AOS, EAD ,AP together using married last name, You should receive EAD, AP in approx. 2 months from file date. take the EAD-AP card to SS office and they will gladly change your wifes name .