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

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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?


K-1 Timeline

12.16.2011 First date in Boston

07.23.2013 SG (beneficiary) moves to Singapore for work

12.24.2014 Engaged! (L)

01.12.2015 I-129F in the mail

01.14.2015 USPS confirms delivery to lockbox

01.20.2015 Received NOA1 via text/e-mail

01.26.2015 Received NOA1 paper copy in the mail

02.04.2015 Case was approved on the USCIS website for our NOA2

02.10.2015 Received NOA2 paper copy in the mail

02.17.2015 NVC received the case and assigned the case number!

02.24.2015 CEAC status shows "In Transit"

03.02.2015 Reached embassy in Singapore, status shows "Ready"

03.04.2015 Fiancee received Packet 3

03.06.2015 Returned Packet 3

03.13.2015 Fiancee received Packet 4

03.14.2015 Medical

03.24.2015 Interview!!

04.02.2015 CEAC status shows "Issued" and PASSPORT IN HAND! :dance::dancing:

AOS Timeline

05.20.2015 Had court marriage ceremony

06.15.2015 Received marriage certificate

06.16.2015 Mailed AOS, EAD, AP forms via 2-day Priority Mail

06.23.2015 Received NOA1 via text/e-mail

06.29.2015 Received NOA1 physical copy

07.06.2015 Completed biometrics (early walk-in, appointment was for 7/14)

07.23.2015 Case is ready to be scheduled for an Interview ^_^

08.26.2015 Interview Scheduled - result: verbally told to expect our green card in 4-6 weeks! :goofy:

08.26.2015 EAD / AP approved + card in production

08.27.2015 Welcome Notice mailed and permanent resident status registered

08.28.2015 EAD / AP card mailed

08.31.2015 Received EAD / AP approvals and also the GC welcome letter in the mail

09.01.2015 Received EAD / AP card

09.02.2015 Green Card mailed!

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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! :)


Our journey so far:

27 Mar '09: Met at work in Holland and started dating.

30 Nov '13: Got engaged in Scotland!

10 Jan '14: Sent I-129F package to Dallas Lockbox.

22 Jan '14: NOA1 received.

29 Jun '14: Congressman Lobiondo inquired at TSC about our case.

16 Jul '14: Senator Menendez inquired at TSC about our case.

21 Jul '14: NOA2 approved!! (180 days)

23 Jul '14: Case sent to NVC.

01 Aug '14: Received NVC case number.

07 Aug '14: Case sent to Dutch consulate.

13 Aug '14: Packet 3 received, completed the DS-160 form.

15 Aug '14: Sent Packet 3 back to the consulate.

21 Aug '14: Packet 4 received with interview date.

02 Sep '14: Medical examination.

16 Sep '14: Interview --> APPROVED!!

20 Sep '14: Passport with visa returned.

12 Oct '14: POE, entered the USA!

14 Nov '14: Married! <3

24 Dec '14: Filed AOS/EAD.

31 Dec '14: AOS/EAD NOA1's received.

29 Jan '15: AOS RFE received for 2014 tax return.

23 Feb '15: AOS RFE response sent.

13 Mar '15: EAD RFE received for legal married name affidavit.

17 Mar '15: EAD RFE response sent.

29 Apr '15: Filed InfoPass to find out why I still didn't get biometrics appt.

06 May '15: Biometrics appointment.

14 May '15: Received EAD (finally!)

22 July '15: Interview waived.

08 Sep '15: Got my Green Card!

nZV0p1.png

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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.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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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..


Our journey so far:

27 Mar '09: Met at work in Holland and started dating.

30 Nov '13: Got engaged in Scotland!

10 Jan '14: Sent I-129F package to Dallas Lockbox.

22 Jan '14: NOA1 received.

29 Jun '14: Congressman Lobiondo inquired at TSC about our case.

16 Jul '14: Senator Menendez inquired at TSC about our case.

21 Jul '14: NOA2 approved!! (180 days)

23 Jul '14: Case sent to NVC.

01 Aug '14: Received NVC case number.

07 Aug '14: Case sent to Dutch consulate.

13 Aug '14: Packet 3 received, completed the DS-160 form.

15 Aug '14: Sent Packet 3 back to the consulate.

21 Aug '14: Packet 4 received with interview date.

02 Sep '14: Medical examination.

16 Sep '14: Interview --> APPROVED!!

20 Sep '14: Passport with visa returned.

12 Oct '14: POE, entered the USA!

14 Nov '14: Married! <3

24 Dec '14: Filed AOS/EAD.

31 Dec '14: AOS/EAD NOA1's received.

29 Jan '15: AOS RFE received for 2014 tax return.

23 Feb '15: AOS RFE response sent.

13 Mar '15: EAD RFE received for legal married name affidavit.

17 Mar '15: EAD RFE response sent.

29 Apr '15: Filed InfoPass to find out why I still didn't get biometrics appt.

06 May '15: Biometrics appointment.

14 May '15: Received EAD (finally!)

22 July '15: Interview waived.

08 Sep '15: Got my Green Card!

nZV0p1.png

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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 ? :idea:

Thanks in advance!


K1 VISA APPLICATION

10.28.14 - Package Sent

11.06.14 - NOA1

11.21.14 - NOA2

12.10.14 - NVC Received

12.15.14 - US Consulate General Vancouver Received

12.22.14 - Packet 3 Received

01.24.15 - Packet 3 Sent

01.27.15 - Packet 4 Received

02.17.15 - Medicals

03.03.15 - Interview - Approved

03.14.15 - See you California. Thank you Lord.

03.28.15 - Civil Wedding 

05.12.15 - Church Wedding 

SOCIAL SECURITY CARD

04.02.15 - Applied (brought with me completed SS-5, I-94, passport and original marriage certificate)

04.07.15 - Card Received (under married name)

11.13.15 - SSA Requested Removal of Restriction

11.20.15 - New SS Card without Restriction Received

ADJUSTMENT OF STATUS & EAD

04.02.15 - Package Sent (EAD & AOS)

04.04.15 - Package Received (Chicago Lock box)

04.06.15 - NOA1 (EAD)

04.07.15 - NOA1 (AOS)

04.17.15 - Biometrics Notice (via Post mail)

04.29.15 - Biometrics schedule

04.22.15 - Successful Walk In for an Early Biometrics

06.19.15 - Approval (based on the card date - EAD)

06.26.15 - EAD Card Received

07.27.15 - NPIW

09.19.15 - Online status approval

09.25.15 - Green Card Received. Thank you Lord!

REMOVAL OF CONDITIONS  (CSC)

06.23.17 - Application sent

06.26.17 - Received

06.29.17 - NOA

07.10.17 - Biomentrics Notice (via Post mail)

07.17.17 - Biometrics schedule

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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 :)


K-1 Timeline

12.16.2011 First date in Boston

07.23.2013 SG (beneficiary) moves to Singapore for work

12.24.2014 Engaged! (L)

01.12.2015 I-129F in the mail

01.14.2015 USPS confirms delivery to lockbox

01.20.2015 Received NOA1 via text/e-mail

01.26.2015 Received NOA1 paper copy in the mail

02.04.2015 Case was approved on the USCIS website for our NOA2

02.10.2015 Received NOA2 paper copy in the mail

02.17.2015 NVC received the case and assigned the case number!

02.24.2015 CEAC status shows "In Transit"

03.02.2015 Reached embassy in Singapore, status shows "Ready"

03.04.2015 Fiancee received Packet 3

03.06.2015 Returned Packet 3

03.13.2015 Fiancee received Packet 4

03.14.2015 Medical

03.24.2015 Interview!!

04.02.2015 CEAC status shows "Issued" and PASSPORT IN HAND! :dance::dancing:

AOS Timeline

05.20.2015 Had court marriage ceremony

06.15.2015 Received marriage certificate

06.16.2015 Mailed AOS, EAD, AP forms via 2-day Priority Mail

06.23.2015 Received NOA1 via text/e-mail

06.29.2015 Received NOA1 physical copy

07.06.2015 Completed biometrics (early walk-in, appointment was for 7/14)

07.23.2015 Case is ready to be scheduled for an Interview ^_^

08.26.2015 Interview Scheduled - result: verbally told to expect our green card in 4-6 weeks! :goofy:

08.26.2015 EAD / AP approved + card in production

08.27.2015 Welcome Notice mailed and permanent resident status registered

08.28.2015 EAD / AP card mailed

08.31.2015 Received EAD / AP approvals and also the GC welcome letter in the mail

09.01.2015 Received EAD / AP card

09.02.2015 Green Card mailed!

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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.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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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 by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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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 :rolleyes: 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} XXth, 19XX.

2. I was married to LAST NAME (spouse), First Name (spouse), Middle Name (spouse) on {Month} XXth, 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 XXth day of {Month}, 2015.

________________________

AFFIANT

Sworn and subscribed before me this XXth 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 by AlissaCarly

Our journey so far:

27 Mar '09: Met at work in Holland and started dating.

30 Nov '13: Got engaged in Scotland!

10 Jan '14: Sent I-129F package to Dallas Lockbox.

22 Jan '14: NOA1 received.

29 Jun '14: Congressman Lobiondo inquired at TSC about our case.

16 Jul '14: Senator Menendez inquired at TSC about our case.

21 Jul '14: NOA2 approved!! (180 days)

23 Jul '14: Case sent to NVC.

01 Aug '14: Received NVC case number.

07 Aug '14: Case sent to Dutch consulate.

13 Aug '14: Packet 3 received, completed the DS-160 form.

15 Aug '14: Sent Packet 3 back to the consulate.

21 Aug '14: Packet 4 received with interview date.

02 Sep '14: Medical examination.

16 Sep '14: Interview --> APPROVED!!

20 Sep '14: Passport with visa returned.

12 Oct '14: POE, entered the USA!

14 Nov '14: Married! <3

24 Dec '14: Filed AOS/EAD.

31 Dec '14: AOS/EAD NOA1's received.

29 Jan '15: AOS RFE received for 2014 tax return.

23 Feb '15: AOS RFE response sent.

13 Mar '15: EAD RFE received for legal married name affidavit.

17 Mar '15: EAD RFE response sent.

29 Apr '15: Filed InfoPass to find out why I still didn't get biometrics appt.

06 May '15: Biometrics appointment.

14 May '15: Received EAD (finally!)

22 July '15: Interview waived.

08 Sep '15: Got my Green Card!

nZV0p1.png

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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!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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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.


K-1 fiance visa journey

 

July 22, 2014 - First connection through website ** March 4, 2015 - First meeting in person in a third country (first visa stress!) ** March 18, 2015 - Sent Form I-129F ** March 19, 2015 - Received by Dallas Lockbox at 8:09 AM CST ** March 24, 2015 - Received USCIS receipt confirmation text and e-mail at 9:04 PM CST - NOA1 ** April 7, 2015 - Received USCIS approval confirmation text and e-mail at 9:30 PM CST - NOA2 ** April 24, 2015 - Called NVC and confirmed receipt ** April 25, 2015 - CEAC.GOV reflecting embassy number as 'In NVC' ** April 29, 2015 - CEAC.GOV reflecting embassy number as 'In Transit' ** May 5, 2015 - Petition arrived at embassy - 'Ready' status ** June 14, 2015 - Received Packet 3 and 4 (Interview and document list combined) ** June 29, 2015 - Medical exam ** July 7, 2015 - Embassy interview!!...then...CEAC.GOV reflecting embassy number as 'Administrative Processing' ** August 4, 2015 - Received call from US Embassy to drop off his passport!! ** September 3, 2015 - CEAC.GOV reflecting embassy number as 'Ready' and Nonimmigrant!!!!!!! TOMORROW!.....no...still waiting... ** October 13, 2015 - CEAC.GOV reflecting 'Administrative Processing' ** October 15, 2015 - CEAC.GOV now says 'Issued' !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 10, 2015 - Dallas POE! He's here

November 16, 2015 - Our marriage :)

Adjustment of Status journey ~ ROC Date December 21, 2017 ~

 

December 9, 2015 - Mailed AOS package (Day 0) ** December 10, 2015 - Received by Chicago Lockbox at 1:06 PM CST (Day 1) ** December 14, 2015 - Initiated county name change petition ** December 22, 2015 - Received USCIS receipt confirmation text and e-mail at 11:34 PM CST - NOA (Day 13) ** January 4, 2016 - Additional information delivered to NBC at 10:10 AM CST (Day 26) ** January 11, 2016 - Fingerprint fee accepted for Form I-485 (Day 33) ** January 19, 2016 - Received Selective Service registration card ** January 20, 2016 - Service request initiated and completed for biometric appointment (Day 42) ** January 23, 2016 - Received biometric letter dated January 16, 2016 (Day 45) ** February 5, 2016 - Biometric appointment (Day 58) ** February 19, 2016 - Request for Initial Evidence for EAD/AP (Day 72) ** February 25, 2016 - Received RFIE (Day 78) ** February 26, 2016 - Mailed response to RFIE (Day 79) ** February 29, 2016 - Response to RFE delivered to NBC at 11:06 AM CST (Day 82) ** March 3, 2016 - EAD status update to RFE response received March 1, 2016 (Day 85) ** March 4, 2016 - EAD/AP approved/card being produced (Day 86) ** March 9, 2016 - EAD/AP card mailed (Day 91) ** March 12, 2016 - EAD/AP received (Day 94) ** March 21, 2016 - GC approved/card being produced (Day 103) ** March 24, 2016 - GC mailed and name change completed (should have been February 4, 2016...) (Day 106) ** March 26, 2016 - Conditional GC received (Day 108)

Removal of Conditions journey ~ USC Date December 21, 2018 ~

Spoiler

December 21, 2017 - Mailed ROC package (Day 0) ** December 26, 2017 - Received by Laguna Niguel Lockbox  at 12:40 PM CST (Day 1) ** January 2, 2018 Check cashed (Day 7) ** January 6, 2018 Received NOA1 dated December 26, 2017 (Day 11) ** February 13, 2018 - Service request initiated for biometric appointment (Day 49) ** February 23, 2018 - Received service request letter response dated January 19, 2018 instructing us to wait (Day 59) ** March 5, 2018 - Case Received at Local Office (Day 69) ** June 15, 2018 - Case Transferred to Another Office (Day 171) ** June 18, 2018 - Case Transferred and New Office Has Jurisdiction (Day 174) ** August 24, 2018 - Rec'd extended NOA1 dated August 18, 2018 (Day 241) **

 

 

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