K1 visa AOS her last name

[fastz28 0]

hello my fiance from the philippines and I just got married in texas now i am filling the AOS does she use my last name or hers we have not been to the social security office or anything yet

[Dashinka 23,304]

If she decided to take your last name then fill out the AOS forms with that name. If she has more than two weeks validity left on the I94 from her K1 visa, then go to the SSA and apply for a SSN. You can try getting this in her married name as well with a copy of the marriage license (since this is a legal name change document), but this is hit or miss depending on the clerk at the SSA. If they give you trouble, then apply for the SSN in her maiden name since it matches her I94 and passport, then go back and change the name on the SSC with her EAD showing her married name and a copy of the marriage license.

One note, she does not need a SSN to file the AOS package, but it does help when getting a state driver's license or ID.

Good Luck!

[fastz28 0]

If she decided to take your last name then fill out the AOS forms with that name. If she has more than two weeks validity left on the I94 from her K1 visa, then go to the SSA and apply for a SSN. You can try getting this in her married name as well with a copy of the marriage license (since this is a legal name change document), but this is hit or miss depending on the clerk at the SSA. If they give you trouble, then apply for the SSN in her maiden name since it matches her I94 and passport, then go back and change the name on the SSC with her EAD showing her married name and a copy of the marriage license.

One note, she does not need a SSN to file the AOS package, but it does help when getting a state driver's license or ID.

Good Luck!

so can i just use her last name since the SSA would be hard to get to before exp date and have the last name changed after the fact or would it effect the resident card

[KayDeeCee 4,892]

File the AOS documents in her married name. Put the maiden name where it asks for maiden/other names used. The copy of your marriage certificate you must include will act as your legal name change document.

For the SSN, I would still apply for it in the maiden name right now, since that is the name that is the system for her currently. It is much easier to get the SSN in the maiden name that matches her passport, visa and I-94. You can go back and change it later once she has her EAD/AP or green card in married name.