Two last names (split topic)

[RomaSkirsky 6]

Hi everyone,

My husband is Mexican and we were just married last year after doing the K1 visa. We are now currently awaiting his green card which has already been a very long process. Anyways my concern involves name change. I 'the wife' went to change my name at SS and did so with no problem. However when I went to change my driver's license they said that SS shouldn't have allowed me to change it the way I did because it doesn't match my husbands name on the marriage license. Here's why:

Like most Latino's or Mexican's at least, my husbands last name is first in his passport, followed by his mothers maiden name, which is last in his passport. Since this was his only valid ID for months, this is the ID he used to do the marriage license, his SS and everything else including original his visas. Despite the fact that a double last name seems to be very well known and considered common here in FL, they took his mother's maiden name as his official last name instead of his actual last name. He also doesn't have a middle name which can be confusing, but we made sure that the names were also placed in their corresponding spots when registered. I knew this would be a little confusing for people but I assumed if I changed my name to his "last name" not the maiden name on my SS it wouldn't be an issue since I would still have one of the names, and his last name. However, the DMV says it doesn't matter what is on my SS since the marriage certificate has both his last names, I have to have them both on my license. When I called the court house to confirm this, they said I needed to take both names because he had no U.S. legal ID documents specifying the last name from the maiden name. Therefore here his maiden name is his last name, which is not how it is in Mexico. I originally thought may the courthouse thought his last name was his middle name, because the form is not very clear, and maybe thats why they think his last name is his maiden name, but since the order of his name is "last name first, maiden name last", anyways I wasn't sure if I needed to look into it. In the end, I'm trying to figure out if there is something I missed as I have not heard of a complaint like this from anyone around here and when I research on different sites no one says anything about this being an issue. Were we not supposed to have him apply for his Visa with both last names even though his passport and legal documents had both last names? The attorney who originally helped us with our case said he had to put his legal name, and his birth certificate of course specifies the difference between the two names (Last and maiden). Is there anyway around this so that his last name can officially be his last name and my last name without his mothers maiden name? I'm just trying to avoid several last names, as it can be confusing and I am only supposed to have my maiden name and his last name. Please let me know if anyone can help. Thanks so much. Hope all your processes are going well. I really hope this makes sense and you are able to understand my explanation lol. Thanks again!

Hi everyone,

For FIANCEEs: If you're going to take your husbands' last name after get married, and want to apply SSN before submit your application to adjust your status with immigration, you should follow the steps as below, because I just applied my SSN this morning, and the following steps are the CORRECT way to do it:

1. fill out the SSN application form with YOUR OWN LAST NAME which is on your passport and K1 visa;

2. bring your passport with I-94 attached on it, marriage certificate, birth certificate (bring it just in case, most of time it is not required);

3. go to the social security office in your location, inform the person who take your application form that you will take your husbands' last name , and the person will put this information on you file. (that's what the lady did when I told her I'd like to take my husband last name);

4. Apply for AOS (I-485), use your NEW last name (your husband's last name) for all the forms you need to fill in, DO NOT FORGET attach a copy of your marriage certificate with
your I-485 application package;

5. As soon as you received your greencard, you should go back to your local social security office to change your married last name.

**You CAN NOT change your last name with Social Security until you HAVE CHANGED your last name with the Immigration Department.**

you are all set!!

GOOD LUCK, LADIES~~

XH

[KayDeeCee 4,893]

I am also in FL and they use the REAL ID system. The names on the marriage certificate, SSN and license must all match exactly. I had to change my name on my SSN twice because of this. I wanted to take only my husband's first(paternal) last name. The SSA had no problem changing my name because they allow you to take just one of two last names. However, the DMV refused to give me a license with my name that way, since my husband has two last names listed on the marriage certificate I had to go back to the SSA and have my SSN changed to include both last names, then go back to the DMV to get my license. The SSA blamed the DMV and the DMV blamed the SSA.

So, I now legally have 2 last names, but my husband and I continue to use just his first paternal name for most things, and only use both names for the legal stuff. I have not decided yet if I want to bother with getting a court order to change it or not. I suppose it would depend on whether or not my husband decides to drop his 2nd last name. So far he is reluctant to do so because that is how it is in Mexico, and he is not sure how he feels about giving up part of his name and heritage just so Americans can be less confused about how his name works.

[Ryan H 3,813]

Posts split from old thread.

Edited March 14, 2014 by Ryan H