AOS chaos! Need help please.

[sailorgal 33]

I hope I am posting in correct forum.

So I reached the States earlier this month (on a K-1 visa), me and my (now) husband we did a court house marriage and now we're putting in all our paperwork together for my AOS application. I have a few doubts though.

1. The SSN guide here on visa journey does not say anything about having a valid EAD to apply for a SSN but I read over a few forums here how the SSA officials ask you why you need SSN when you apply for it and turn you down if you do not have a valid EAD and that mostly people apply for it after they get the EAD.

So is it okay if I apply for a SSN already? Or do I wait till I receive the EAD and then apply for SSN?

2. Name change: I wish to take my my husband's last name but the notary who got us married at the courthouse told us that they don't do name changes. That we would have to go the DMV in Orlando, apply for a driver's license and that's where I change my name. So the marriage certificate we got from the courthouse still bears my unchanged pre-marriage name, if you know what I mean. Now I will apply for AOS and EAD together and I would want all those documents to have my new name. So how do I go about this one? Apply for a driver's license first, change my name, and then apply for AOS? Or will I have to apply with my original name because that is what the marriage certificate has on it.

Just HOW DO YOU ACTUALLY GET YOUR NAME CHANGED is my question.

Really appreciate any help we need to send in our AOS package soon.

Thank you!

[veer143 5]

Hi, Congratulations on getting married, my wife (US citizen) took up my last name. And that's how i filled our marriage license request. so it got done in marriage certificate, and we went to DMV and SSA afterwards to get her name updated. I don't know why Marriage registrars office would say otherwise. I don't think DMV changes name, you will most likely request name change in a courthouse.

My advice you can do all this latter and doesn't affect your AOS.

Now is the time to move ahead with your AOS. And yes SSA will need an EAD in order to give SSN, else, you can get an SSN and say you need it for Drivers license. They will mention on the face of SSN card " Not valid for work without prior DHS approval ...blah blah". Which is fine coz eventually you will have your EAD in hand. This wording can be removed once you get Green Card. You can get your name changed on SSN same time.

Don't forget to mention your old names in all future USCIS forms. They always have a column for Other names previously used.

[Zedayn 485]

I hope I am posting in correct forum.

So I reached the States earlier this month (on a K-1 visa), me and my (now) husband we did a court house marriage and now we're putting in all our paperwork together for my AOS application. I have a few doubts though.

1. The SSN guide here on visa journey does not say anything about having a valid EAD to apply for a SSN but I read over a few forums here how the SSA officials ask you why you need SSN when you apply for it and turn you down if you do not have a valid EAD and that mostly people apply for it after they get the EAD.

So is it okay if I apply for a SSN already? Or do I wait till I receive the EAD and then apply for SSN?

2. Name change: I wish to take my my husband's last name but the notary who got us married at the courthouse told us that they don't do name changes. That we would have to go the DMV in Orlando, apply for a driver's license and that's where I change my name. So the marriage certificate we got from the courthouse still bears my unchanged pre-marriage name, if you know what I mean. Now I will apply for AOS and EAD together and I would want all those documents to have my new name. So how do I go about this one? Apply for a driver's license first, change my name, and then apply for AOS? Or will I have to apply with my original name because that is what the marriage certificate has on it.

Just HOW DO YOU ACTUALLY GET YOUR NAME CHANGED is my question.

Really appreciate any help we need to send in our AOS package soon.

Thank you!

1. You do not need a reason for needing the SSN. Since you entered on a K-1 visa, your status according to the SSA is LEGAL ALIEN ALLOWED TO WORK. This status does not require a reason. You can apply for an SSN now, as a K-1 visa holder, as long as you have at least 2 weeks remaining on your I-94. If your I-94 is close to expiration, then you will need to wait for the EAD.

2. You can start using your married name the day you are married. On your AOS forms (AOS/EAD/AP) you will put your married name.

[sailorgal 33]

Thank you so much (:

Ah so you mean we should have filled for our marriage license with my name changed? Would they have accepted that (since my passport carries my original name) and they used the passport to ID me. So do you think we should go back to the court and ask for another marriage certificate with my updated name? Would they give us another certificate with my name updated?
Or if I apply for my green card and EAD with my original name right now and change my name at DMV (like the notary said) could I change my name later over the green card and EAD card? I could change it over my SSN like you said but I'd rather everything bears my changed name rather than 2 documents having my original and other 5 documents my changed name.

I think I will apply for AOS and EAD first so those wordings that you mentioned won't come up on my SSN card.

[sailorgal 33]

2. You can start using your married name the day you are married. On your AOS forms (AOS/EAD/AP) you will put your married name.

That's the problem right there, we did not get a chance to change my name at the courthouse since the notary who got us married was like go to DMV they change your name we do not. Do you mean I can go ahead, take the liberty of putting my husband's last name with my first name in my AOS forms, without us officially changing my original name at the courthouse or at the DMV?

[belinda63 2,981]

Your marriage certificate is your official legal document to legally change your name. No separate document is required.

[Zedayn 485]

That's the problem right there, we did not get a chance to change my name at the courthouse since the notary who got us married was like go to DMV they change your name we do not. Do you mean I can go ahead, take the liberty of putting my husband's last name with my first name in my AOS forms, without us officially changing my original name at the courthouse or at the DMV?

It does not matter what is says on your marriage certificate. It is a legal name change document which gives you authority to change your name. You do not do anything with your marriage certificate.

You simply apply for your AOS in your married name, as I said earlier.

[sailorgal 33]

It does not matter what is says on your marriage certificate. It is a legal name change document which gives you authority to change your name. You do not do anything with your marriage certificate.

You simply apply for your AOS in your married name, as I said earlier.

So without going to DMV and applying for a driver's licence and name change, I can start using my husband's last name just like that is what you mean? wow that sounds good.

So then now when I file my AOS documents I am free to use my husband's last name even though our marriage certificate bears my original name and we have no documents supporting an official name change right? I am sorry if I am sounding repetitive I don't want to mess up the AOS paperwork that's all.

[sailorgal 33]

ANOTHER DOUBT!

So I am assuming I can just go ahead and start using my married name without getting it officially changed anywhere. But there is this huge confusion regarding what part of my husbands name I get to keep

So me;

First name- Akshata Middle name (father's name) - M123 Last name (before marriage) - K123

My husband

First name - Cory Middle name - G123 Last name - Gib123

I was hoping I could take his first name as my new middle name and his last name as my new last name, as in Akshata Cory Gib123. Can I do that? Or do I have to go like this - Akshata K123 Gib123 or Akshata M123 Gib123?

[belinda63 2,981]

As far as I know your choices are:

Keep your name as it is

Drop your last name and use his instead

Move your maiden name to your middle name and take his last name.

It may have changed since I married but this is all I know of. If you want to do any other variation you will have to have a legal name change through the court. Yes, a marriage certificate is a legal name change. When I married all I had to do was run around everywhere with my id and my marriage certificate and have everything changed. DMV has nothing to do with making your name legal.

[Jon York 156]

As far as Social Security goes - they will let you take your husband's last name when you show them your marriage license. They'll let you use any middle name you want (they told us they couldn't care less about middle names!), but you have to keep your first name as it appears on your passport. They won't let you change your first name at all.

But, at the end of the green card process, just before you get your citizenship, you'll get a form that will let you change your name to anything you like. Your first, middle and last names can be totally different from what they are now and what they were in your home country and your last name doesn't even have to be your husband's last name anymore. You could make up a totally new name if you wanted to.

In our case, my wife took my last name and will keep it. But in her country she only had a first and last name - no middle name. But all her life she went by a nickname that was different from her first name. But they won't let us use that name here on anything official, because it doesn't appear on her passport. So, we had to use her official passport-validated first name, then Social Security allowed her to put her nickname in as her middle name. So at the end of this process, we're just going to switch her first and middle names around. Her middle name will become her first name and her first name will become her middle name.

One of the main reasons we were even motivated to get a social security card at this point (because there are no plans for her to work anytime soon) was so we would have at least one official document (besides the marriage license), with my name as her last name, and with her nickname showing up somewhere at least. And it's also allowing us to establish the fact that her nickname/now middle name, is part of her official name.

But until you're able to completely change your name to whatever you want at the end of the process, you'll have to use your first name as it appears on your passport on anything official. If you use any other name it will confuse bureaucrats and they'll suspect you're actually somebody else!

Edited September 30, 2015 by Jon York

[Jon York 156]

And yes SSA will need an EAD in order to give SSN, else, you can get an SSN and say you need it for Drivers license.

Actually, SSA doesn't need your EAD in order to give an SSN. All we gave them was her passport and our marriage license. That's all they needed. We didn't get the EAD until several months after we had the social security card.

Also, in New York and New Jersey at least, an SSN is not enough to get a driver's license. They'll ask for proof of citizenship or immigration status. It's probably the same in every state.

[Jon York 156]

That's the problem right there, we did not get a chance to change my name at the courthouse since the notary who got us married was like go to DMV they change your name we do not. Do you mean I can go ahead, take the liberty of putting my husband's last name with my first name in my AOS forms, without us officially changing my original name at the courthouse or at the DMV?

Marriage licenses will usually (I would say always, but you never know)... only have your maiden name and his name. But as far as immigration and SSA go - you just take the marriage license to them and tell them you're going to be using his last name. They'll automatically approve that and put his last name on all your documents.

Edited September 30, 2015 by Jon York

[Adil & Jeanne 296]

if you go to DMV with marriage license, you can do name change on DMV ID.

Take marriage license and translated copy of birth certificate to SS office and apply for SS #

sometimes the person you get doesn't know their job / I was told by a woman Adil could not have one / returned a day later with marriage license and print out of CR 1 and what to do page from USCIS and the man said "all i need is his visa" he did the paper and 8 days later we had SS card

as for other places, take in the new ID and let your bank know her new last name, insurance at work, any place you do business

Add her name on at least one utiliry bill, joint bank account ( for the AOS when you need to show proof of residency later)

CONGRATULAITONS

[military-wife 9]

You can get your SSN if the fiancé visa expiration date is still valid for over 2 weeks. All you need to do is show your visa.

For your name change -- our court told us that they do not do name changes as well, instead the Social Security office will do it for you. When you get your SSN, show your marriage certificate and on the application form put your married name. Same thing for the AOS form, start signing and using your married name. I had no problem when I went to do my biometrics, the man there just asked me for the marriage certificate to prove that I am married to my husband and I am taking on his name, so in the immigration system I am now known as his wife.