Changing your last name when applying for ROC

[Eve&Josh 5]

Hi everyone,

Our ROC window is opening up in late January. I didn't change my last name when we got married, but have been thinking to do so now.

Does anyone know, can I just fill in the I-751 with the new name (as long as I will have changed my name elsewhere, i.e. will have a new driving license and SSN under my husband's last name, preferably also some of the stuff we will provide as evidence) and add a statement on the cover sheet saying that since [date] I have changed my name to my husband's? Or would I have to file an I-90 on top of filing for I-751?

To me it seems like I shouldn't have to file an I-90, as I'm not changing my name on my current GC, but want the new 10-year GC to have my new married name. Of course, most of our evidence might have my old name, but I would just add more evidence and explanations.

One thing I wonder about - we got married in Virginia, and on our marriage certificate my name is my current (maiden) name (you had to fill out current name of bride when applying for the license, and of course a marriage cert is a signed marriage license). Can I even at this point, two years later, apply to have my name changed based on my marriage and not have to get a court order? Is it normal to not have your possible new married name stated on the marriage certificate?

One more trouble with my name is that it's got two vowels with umlauts, so in some of my ID's my last name is spelled out with vowel combinations (SS card, marriage cert) and others have just dropped out the umlauts (GC, driving license, credit cards - most of stuff). So I don't know if this would add to the fun (=problems) of changing my name - it sure has caused enough trouble thus far, hence changing it to my husband's name.

Thanks in advance for any advice and sharing of experiences!

Cheers,

Eve

[sunshine79 7]

Yes, you can file with your married name. We filed my wife's petition this way. Prior to this we got her SSC, Drivers Licence and Passport changed over to her married name but I'm not sure if that was necessary before filing. Also, this is the best time to do it as there is an additional cost (I think $450) to change your name on the GC later.

[Eve&Josh 5]

Yes, you can file with your married name. We filed my wife's petition this way. Prior to this we got her SSC, Drivers Licence and Passport changed over to her married name but I'm not sure if that was necessary before filing. Also, this is the best time to do it as there is an additional cost (I think $450) to change your name on the GC later.

Great, thanks so much for your reply sunshine79! I'm glad to know someone else has done this too. My thinking was exactly that, to do this now to avoid the additional cost of filing the I-90 (yup, it sure is $450) in the future.

Just to doublecheck, so your wife's conditional GC was on her maiden name? did you add anything extra on your ROC application to make sure that they know she's just now changed her name which is why the old GC and the new one would have different names?

I don't think I'll have my passport renewed before sending in the paperwork, but I'll try to have my credit cards, insurance and what not on top of driver's licence and SSC.

[Navyk 78]

Great, thanks so much for your reply sunshine79! I'm glad to know someone else has done this too. My thinking was exactly that, to do this now to avoid the additional cost of filing the I-90 (yup, it sure is $450) in the future.

Just to doublecheck, so your wife's conditional GC was on her maiden name? did you add anything extra on your ROC application to make sure that they know she's just now changed her name which is why the old GC and the new one would have different names?

I don't think I'll have my passport renewed before sending in the paperwork, but I'll try to have my credit cards, insurance and what not on top of driver's licence and SSC.

You can file with name change and then get the name changed in all others after you get the Green Card with changed name. This way you can avoid additional fee required for name change, if filed separately or earlier or later. The next step where it also can be changed is at the time of N-400 filing without paying additional fee.

in our case we got the name on the passport done first and then filed I-751 with name change. Rest can be changed only after getting the Green Card with name change.

Edited November 18, 2013 by Navyk

[Eve&Josh 5]

You can file with name change and then get the name changed in all others after you get the Green Card with changed name. This way you can avoid additional fee required for name change, if filed separately or earlier or later. The next step where it also can be changed is at the time of N-400 filing without paying additional fee.

in our case we got the name on the passport done first and then filed I-751 with name change. Rest can be changed only after getting the Green Card with name change.

Thank you Navyk!

So I shouldn't ( or can't?) go ahead with changing my name on other documents until I have the new 10-year GC with the new name in hand? Can you elaborate as to the reason? I'll be fine with either way, just want to get things done right and not get in trouble.

thanks again!

[Navyk 78]

Thank you Navyk!

So I shouldn't ( or can't?) go ahead with changing my name on other documents until I have the new 10-year GC with the new name in hand? Can you elaborate as to the reason? I'll be fine with either way, just want to get things done right and not get in trouble.

thanks again!

GC is the starting point for everything - the SSN can't be changed until you get the GC with name change. And without the GC and SSN, you can't get the Driver License, Bank Account,...... changed.

The passport of the Immigrant spouse is from the foreign country and as long as we satisfy them with their requirements, they will change it. I got the passport done easily attaching a copy of the marriage certificate. And I added a copy of the passport bio-page with I-751. Once we get wife's new GC, we will get the other changed starting with SSN.

[Eve&Josh 5]

GC is the starting point for everything - the SSN can't be changed until you get the GC with name change. And without the GC and SSN, you can't get the Driver License, Bank Account,...... changed.

The passport of the Immigrant spouse is from the foreign country and as long as we satisfy them with their requirements, they will change it. I got the passport done easily attaching a copy of the marriage certificate. And I added a copy of the passport bio-page with I-751. Once we get wife's new GC, we will get the other changed starting with SSN.

I'm a little confused, as the previous poster said that they got the SSC and driver's license changed first before applying for the new GC / ROC...?

Will I really have to wait until I have the new GC in hand before I can go to the SS office? Just wondering, I know that I will have to prove my legal status at the SS office as I'm not a US citizen, but will they not be able to use that since it'll be on my maiden name?

I would really hate to waste hours at the SS office for nothing, but having to wait until until having the new GC in hand would be a bummer as well.

[Merrytooth 5,748]

One thing I wonder about - we got married in Virginia, and on our marriage certificate my name is my current (maiden) name (you had to fill out current name of bride when applying for the license, and of course a marriage cert is a signed marriage license). Can I even at this point, two years later, apply to have my name changed based on my marriage and not have to get a court order? Is it normal to not have your possible new married name stated on the marriage certificate?

One more trouble with my name is that it's got two vowels with umlauts, so in some of my ID's my last name is spelled out with vowel combinations (SS card, marriage cert) and others have just dropped out the umlauts (GC, driving license, credit cards - most of stuff). So I don't know if this would add to the fun (=problems) of changing my name - it sure has caused enough trouble thus far, hence changing it to my husband's name.

Sorry, I am confused here.

So you did not change your name during your marriage and now you want to change it?

I guess you have to get a court order to change your name.

You should check with your local county court or whatever before you proceed to put down your 'new name' on the USCIS forms.

http://www.arlingtonva.us/departments/ClerkofCircuitCourt/CivilCourt/page64984.aspx

[Navyk 78]

I'm a little confused, as the previous poster said that they got the SSC and driver's license changed first before applying for the new GC / ROC...?

Will I really have to wait until I have the new GC in hand before I can go to the SS office? Just wondering, I know that I will have to prove my legal status at the SS office as I'm not a US citizen, but will they not be able to use that since it'll be on my maiden name?

I would really hate to waste hours at the SS office for nothing, but having to wait until until having the new GC in hand would be a bummer as well.

The SS Offices should use the legal document, which is the GC to make any name changes. So I am not sure how the previous poster got it done prior to getting the name on GC changed. And as far as the Driver License is concern, they are very unpredictable - they ask things that are not required and omit things that are required - some offices in certain areas/ states refused to accept the NOA1 letter that extends the GC when the Driver license was requested to be renewed for an year. Each State or even each office functions differently. Technically they are supposed to base their changes requiring both GC and SS Card.

When we went for renewal of Driver License, they asked us for GC, SSN and the NOA1 - of course there was an oral driving test conducted too.

[Eve&Josh 5]

Sorry, I am confused here.

So you did not change your name during your marriage and now you want to change it?

I guess you have to get a court order to change your name.

You should check with your local county court or whatever before you proceed to put down your 'new name' on the USCIS forms.

http://www.arlingtonva.us/departments/ClerkofCircuitCourt/CivilCourt/page64984.aspx

sorry for my confusing explanation I did not get my name changed when we got married two years ago, but I am planning to change it now based on my marriage. I did do more research on that after the original post, and a marriage cert is enough evidence to have it done this late in the marriage (or even years later) as long as you're not changing it to anything other than your husband's name (i.e. no hyphenated surnames, or changing your maiden name to be your middle name etc.). However, if it's been more than two years since the "name-change event", the SS office might require more evidence.

from the SS website:

If the name change event occurred over two years ago or if the name change document does not have enough information to prove your identity, you must also provide documents to prove your identity in your prior name and/or in some cases your new legal name. If you were born outside

the U.S. you must provide a document to prove your U.S. citizenship or current lawful, work-authorized status.

the plan is to change my name now and to have the new 10-yr GC be on the new name, I'm just confused as to where to start (do I need my 10-yr GC with the new name before applying to change it on the SSC).

[sunshine79 7]

GC is the starting point for everything - the SSN can't be changed until you get the GC with name change. And without the GC and SSN, you can't get the Driver License, Bank Account,...... changed.

This is not true. At least in Texas. My wife got her Drivers Licence and Social Security Card changed before we even filed for ROC. All she had to show was the marriage certificate. Also, she changed her DL before her SSC, so it was not needed for her DL.

[sunshine79 7]

sorry for my confusing explanation I did not get my name changed when we got married two years ago, but I am planning to change it now based on my marriage. I did do more research on that after the original post, and a marriage cert is enough evidence to have it done this late in the marriage (or even years later) as long as you're not changing it to anything other than your husband's name (i.e. no hyphenated surnames, or changing your maiden name to be your middle name etc.). However, if it's been more than two years since the "name-change event", the SS office might require more evidence.

from the SS website:

If the name change event occurred over two years ago or if the name change document does not have enough information to prove your identity, you must also provide documents to prove your identity in your prior name and/or in some cases your new legal name. If you were born outside

the U.S. you must provide a document to prove your U.S. citizenship or current lawful, work-authorized status.

the plan is to change my name now and to have the new 10-yr GC be on the new name, I'm just confused as to where to start (do I need my 10-yr GC with the new name before applying to change it on the SSC).

Do you have a SS office in your city? If so, I would go there and try to get it changed. Worst that can happen is you get told no and you've wasted a morning. My wife filled out the form at home, went in, submitted what they wanted and they told her a new card will be on its way. A week or so later it was in the mail. I don't even think there was a fee for this. If I recall, she took her GC, and marriage certificate. Prior to this she went to the DMV and requested a name change. She filled out the form, submitted whatever documents, paid the fee and she had a new licence. I think all she needed was GC (even with old name) and marriage certificate.

She even got her passport renewed with her married name. Painless there too. So the only official document without her married name is the green card but all the correspondence (NOA1, Biometrics letter) has her married name on it now.

[Merrytooth 5,748]

sorry for my confusing explanation I did not get my name changed when we got married two years ago, but I am planning to change it now based on my marriage. I did do more research on that after the original post, and a marriage cert is enough evidence to have it done this late in the marriage (or even years later) as long as you're not changing it to anything other than your husband's name (i.e. no hyphenated surnames, or changing your maiden name to be your middle name etc.). However, if it's been more than two years since the "name-change event", the SS office might require more evidence.

from the SS website:

If the name change event occurred over two years ago or if the name change document does not have enough information to prove your identity, you must also provide documents to prove your identity in your prior name and/or in some cases your new legal name. If you were born outside

the U.S. you must provide a document to prove your U.S. citizenship or current lawful, work-authorized status.

the plan is to change my name now and to have the new 10-yr GC be on the new name, I'm just confused as to where to start (do I need my 10-yr GC with the new name before applying to change it on the SSC).

This is interesting. I didn't know one could still change the last name based on marriage after such a long time.

I changed mine during the marriage license application.

You should go ahead and change the name for all your US documents - SSN, driver licenses ..etc and apply ROC with your new name.

Then you will get your 10-year GC with the new name.

[Eve&Josh 5]

Do you have a SS office in your city? If so, I would go there and try to get it changed. Worst that can happen is you get told no and you've wasted a morning. My wife filled out the form at home, went in, submitted what they wanted and they told her a new card will be on its way. A week or so later it was in the mail. I don't even think there was a fee for this. If I recall, she took her GC, and marriage certificate. Prior to this she went to the DMV and requested a name change. She filled out the form, submitted whatever documents, paid the fee and she had a new licence. I think all she needed was GC (even with old name) and marriage certificate.

She even got her passport renewed with her married name. Painless there too. So the only official document without her married name is the green card but all the correspondence (NOA1, Biometrics letter) has her married name on it now.

Yeah, I think that will be the way to figure this out. The DMV will be easy, there's one downtown and they just need the new SSC (or printout from SS office reflecting the new name), certified marriage cert and current DL. The passport will also be easy, I live in DC and work at the Embassy of Finland now.

Usually your marriage certificate is the starting point of name change process, which is why it is slightly confusing to me that I would need to have my new GC in hand before I can officially change it elsewhere.

[Eve&Josh 5]

This is interesting. I didn't know one could still change the last name based on marriage after such a long time.

I changed mine during the marriage license application.

You should go ahead and change the name for all your US documents - SSN, driver licenses ..etc and apply ROC with your new name.

Then you will get your 10-year GC with the new name.

Yeah, I was a little unsure of it too, as I had heard that you can change it for free withing up to a year from marriage, but that after that you would have to apply for a legal name change.

My marriage license / certificate only states my current / maiden name, there's actually nowhere on the document where they even ask if I am changing my name and what I would be changing it to. But, according to the all-knowing google, that's completely normal.

So I guess I will gather up plenty of documents, go to the SS office and see what happens

Thanks so much for everyone's input!