Name change: better to do it at time of marriage or after AOS process is completed?

[reddevils4evr 4]

Hi all, thanks in advance for the help. We are in the final stages of the K1 visa process and are looking ahead to prepare for my fiancee's arrival and our subsequent court marriage in CA (yay!). We were wondering if it would be better to do her name change at the time of marriage or wait till after the AOS process is completed and then get the name change collectively for all docs then? We want to get our AOS application out as soon as possible after marriage so that she can get work authorization as soon as possible and start working. For reference, my fiancee has a SS card from 2 years ago when she was college student in the US as well as a US drivers license, both of which obviously have her maiden name. Would we need to get these cards changed prior to being able to apply for AOS if we did the name change at time of marriage?

[AlissaCarly 44]

Hi there! I just filed AOS and was advised to do it in my married name because then all the cards will be issued in that name. I still had SSN in my maiden name, but I sent along my marriage certificate and a sworn and notarized affidavit from me that my married name was my new legal name. My EAD has just been approved in my married name so I assume it worked! Having the EAD and Green Card in the married name is probably useful for future endeavors anyway.. If you want the affidavit I used or anything else, just let me know!

[Zedayn 485]

Change your name and start using it immediately after marriage. All AOS documents should be in married name. When you get your EAD, you can go back to SSA and change your name on your SSN.

Hi there! I just filed AOS and was advised to do it in my married name because then all the cards will be issued in that name. I still had SSN in my maiden name, but I sent along my marriage certificate and a sworn and notarized affidavit from me that my married name was my new legal name. My EAD has just been approved in my married name so I assume it worked! Having the EAD and Green Card in the married name is probably useful for future endeavors anyway.. If you want the affidavit I used or anything else, just let me know!

There is no need to submit an affidavit that your married name is now your new legal name. The marriage certificate is your legal name change document, and with that you can put your new married name on all AOS forms.

[AlissaCarly 44]

I thought so too and that is what I did send first, just the marriage certificate, and I got an RFE requiring the sworn affidavit.. And lots of other people did too if you search 'RFE Legal Name' on VJ. I guess my marriage certificate wasn't enough Maybe because my passport still had my maiden name..

[charmed2006 31]

Hi there! I just filed AOS and was advised to do it in my married name because then all the cards will be issued in that name. I still had SSN in my maiden name, but I sent along my marriage certificate and a sworn and notarized affidavit from me that my married name was my new legal name. My EAD has just been approved in my married name so I assume it worked! Having the EAD and Green Card in the married name is probably useful for future endeavors anyway.. If you want the affidavit I used or anything else, just let me know!

Hi,

Can you share it with me ?

Thanks in advance!

[reddevils4evr 4]

Awesome, thanks! We will probably do the name change along with the sworn affadavit as well just to be safe. Don't want to take the risk on the RFE! AlissaCarly - I will PM you for the affadavit example if you don't mind

[Zedayn 485]

I thought so too and that is what I did send first, just the marriage certificate, and I got an RFE requiring the sworn affidavit.. And lots of other people did too if you search 'RFE Legal Name' on VJ. I guess my marriage certificate wasn't enough Maybe because my passport still had my maiden name..

That is odd that you would receive an RFE for that. My wife changed her middle and last name after marriage, and we received the EAD in her new name no problem.

[KayDeeCee 4,891]

I thought so too and that is what I did send first, just the marriage certificate, and I got an RFE requiring the sworn affidavit.. And lots of other people did too if you search 'RFE Legal Name' on VJ. I guess my marriage certificate wasn't enough Maybe because my passport still had my maiden name..

Was your RFE for the EAD? I have seen a couple RFEs wanting a sworn statement of current name concerning the I-765. It is processed separately from the I-485, so the one copy of the marriage certificate probably was with your I-485 and not present for the adjudication of the I-765.

Instead of a sworn statement, if you want to be completely safe, then send a second copy of your marriage certificate along with the other supporting evidence for the I-765, as well as the one you provide with the I-485.

Edited April 1, 2015 by KayDeeCee

[AlissaCarly 44]

Yes it was indeed for the EAD. The RFE said there were contradicting mentions of my last name, which I think is because my passport is in my maiden name and I filed with my married name. They wanted the affidavit along with another marriage certificate (I guess since I sent in only one for the whole package). A lot of people don't get an RFE for that though, maybe I was just the unfortunate one I hope nobody else gets that! However, for charmed2006 and viraj1303, here is the sworn affidavit I sent in:

SWORN AFFIDAVIT

FULL LEGAL NAME

COUNTRY: United States of America

STATE OF: {Insert State}

CITY OF: {Insert City}

I, the undersigned, MARRIED LAST NAME, First name, Middle Name, aged XX years, presently residing at {Full Address}, do hereby solemnly affirm and declare on oath that:

1. I was born MAIDEN NAME, First Name, Middle Name on my birthday, {Month} XX^th, 19XX.

2. I was married to LAST NAME (spouse), First Name (spouse), Middle Name (spouse) on {Month} XX^th, 201X.

3. At the time of my marriage I took my husband’s last name, SPOUSE’S LAST NAME, which made my full legal name MARRIED LAST NAME, First Name, Middle Name.

Therefore, the following names refer to one and the same person:

· MAIDEN NAME, First Name, Middle Name

(Maiden name, as shown on birth certificate and passport)

· MARRIED LAST NAME, First Name, Middle Name

(Married name under which the I-765 form was filed)

I hereby solemnly affirm that the aforementioned statements are true and correct.

Witness my signature this XX^th day of {Month}, 2015.

________________________

AFFIANT

Sworn and subscribed before me this XX^th day of {Month}, 2015.

________________________________

NOTARY PUBLIC

Btw, that name format is mandatory: LAST NAME (in capitals) comma First Name comma Middle Name. And also fill in the specific date that the notary will be notarizing it. Don't sign it, it has to be signed in front of the notary. TD Bank does it for free.

Edited April 1, 2015 by AlissaCarly

[Dashinka 23,238]

We filed our AOS package with my wife's married name and included two copies of the marriage certificate for both the 485 and 765. No issues and no RFEs. She had a SSN in her maiden name which we changed after she received her EAD. She also had a driver's license in her maiden name which we changed once we got the new SSC and her GC.

Good Luck!

[Amhara 460]

Did any one experience any problems getting a driver's license or ID card after changing names? We want to change the name after we marry at the court house, then apply for ID card, but my state uses the Systematic Alien Verification for Entitlements (SAVE) Program. He will come here on his name (only has a first name), but then will adopt a last name during the marriage.

Do you think the SAVE work for us if DHS only has his first name on file? I think the name change documents will be sufficient, but if someone else had an experience, that may help ease our thoughts.