AOS chaos! Need help please.

[raven52 233]

Me and my wife made the same mistake, we got married before we got the SS card. We had to go back 5 times, to get it straightened out.

First thing, is always get SS card, get married, and go back and just do a simply name change.

Some people do not have this problem.,.,. but way to many do.

[TBoneTX 43,246]

I'm concerned that the "notary" was practicing law without a license. Go back to the courthouse and ask a legal authority if it's really true that you couldn't change your name upon marriage, with your taking your husband's name.

[Udella&Wiz 325]

A side note - your marriage license always has your maiden name on it because you applied for it while you were single. There should be zero issue with now using your new married last name on every document you submit, you will use you marriage certificate as proof and that should be good enough for every public official.

Someone previous said it right - apply for AOS in your new married name, apply for your SSN in your new married name (bringing your marriage cert as proof) and going forward every piece of id you receive will then have your new married name...end of story. It can definitely be confusing!

I don't think that's a mistake....many women apply after the marriage since then they don't have to go back and be bothered with changing their name at SSA. I applied once about 1 month post wedding, in my married name and have never had to go back except when I became a citizen.

Me and my wife made the same mistake, we got married before we got the SS card. We had to go back 5 times, to get it straightened out.

First thing, is always get SS card, get married, and go back and just do a simply name change.

Some people do not have this problem.,.,. but way to many do.

[Mike-eeh and Odie 192]

1. You can apply for a SSN any time you like. If you want the SSN in your married name, wait for your EAD card to arrive.

2. You can change your last name to a married name once you have your marriage certificate. Apply for AoS in your married name and your EAD/AP & green cards will arrive with your married name. Likewise, with proof of marriage, you can change your name on your bank accounts, drivers license and passport.

[sailorgal 33]

Thanks for clearing up the confusion and for the help everyone (: so after reading y'all everyone's answers we've decided to go ahead and apply for my SSN at SSA, Orlando today with my married name (hopefully everything goes well). Then go ahead send in my AOS paperwork in the next 2-3 days and then apply for driver's license after I am confident I can drive in Florida's crazy traffic.

I love VJ and all the members here. All of you have been super helpful throughout the visa process as well the AOS. Thanks again!

[sailorgal 33]

I'm concerned that the "notary" was practicing law without a license. Go back to the courthouse and ask a legal authority if it's really true that you couldn't change your name upon marriage, with your taking your husband's name.

Do you think so? The lady, I mean the notary, she gave us the marriage license and then also got us married at the courthouse. We had two appointments at the courthouse one for license and one for marriage and she was there both the times and did both the things for us.

[Pennycat 880]

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!

They shouldn't ask you why you need an SSN. It's not their business. You're allowed one, you want one, you can get one without being bothered. If they press for whatever reason, just tell them that you need a SSN to get on your husband's health insurance (I have no idea if this is actually true or if it even applies to you, but my human resources folks told me that all they need is an SSN for my fiance, after we are married, and he qualifies).

In terms of changing your name... there's not one place for it. You do it bit by bit over time. The big one is the drivers licence because it is a state issued ID and makes the rest of it (banks etc) go a lot smoother. Here's a quick and clear guide, with a link for a service you can pay to help you if you want: https://www.theknot.com/content/name-change-101

[Mick and Anabel 1]

Hi sailorgal,

The first time i file for my SSN I used my single name because when i filed SSN we dont have a marriage certificate. So the SS staff told me that i can used my maiden name and when i got my approved AOS or green card in my married name I can change it. Thats what i did. All you need to do is filled out your AOS form in your married name. Wait until you got your green card which is your married name. After that you are all set and you can used your married name any where.

I hope this helps. This is just based on my own experience. Good luck!

[TBoneTX 43,246]

Do you think so? The lady, I mean the notary, she gave us the marriage license and then also got us married at the courthouse. We had two appointments at the courthouse one for license and one for marriage and she was there both the times and did both the things for us.

Did she perform the marriage ceremony? If so, she was probably a Justice of the Peace or an actual officiant. In the U.S., a notary (Notary Public) can't practice law and can only certify signatures, take oaths, etc. We might be having some confusion in terminology here.

Edited September 30, 2015 by TBoneTX

[VZLAN-US-Citizen 11]

sailorgal,

Be careful. I think your best bet is to ask the competent authorities about changing your name and not follow advice here on this forum, because I think each state might have different rules for these cases and these rules may change over time.

I also reside in South Florida. I came as international student, married my husband (US Citizen), applied for change of status for a green card... then waited, removed conditions... waited... became us citizen...

Initially after I was married, I believe I went down to an actual immigration office in Miami to ask questions about something specific to my case, there, I believe, I aso asked if I could change my name and they (USCIS) said no. Later, my mother in law and husband convinced me all I had to do to change my name was go down to the DMV with my marriage certificate... I made an appointment and went to do it... DMV told me they couldn't change my name, even though I COULD TECHNICALLY take on my husband's name, all my immigration papers had my maiden name and that is why I couldn't change it. Every step of the way I kept asking if I could change my name and I always got the same answer. Your initial immigration paperwork has your maiden name, so you can't change it anywhere else, since those papers are the ones that identify you, and they have your maiden name.... I waited until I was a US Citizen and I changed my name in my naturalization certificate (they ask you if you want to do that)... so finally after 6 years of marriage I was able to change my name to my husband's name...

Changing your name is a hazle anyways, not to mention having to deal with all the immigration paperwork (which is already a pain) and every time you do that (which you will, because you will have to do AOS, then remove conditions, and later apply to become a citizen) will be a pain if you have been using two names for the entire process.

I suggest you wait until you are a citizen to change your name... however, I urge you to call USCIS and ask THEM specifically what to do if you want to change your name NOW instead of later... they are the ones you should ask... Maybe the rules have changed or maybe there is an extra form you can fill out to do it now instead of later.

M

[nhutchings 17]

Good afternoon, sailorgal -

I agree with most of the posts here: we applied for the fianceé visa with my wife's maiden name, and when she came here, she got a Social Security card in her maiden name, and I put her on all our bank accounts with her maiden name.

Then, we got married at the courthouse - marriage certificate just lists my name and her maiden name.

Then, we went back to Social Security with the marriage certificate in hand and got a new SSN card with her married name, and went back to all the banks with the marriage certificate in hand and changed her name on the accounts.

When we applied for EAD, AP, and AOS, we simply put her married name, but in the section with it mentions 'any other names,' we put her maiden name. She received her EAD+AP card in her married name, and later her Green Card in her married name.

Of note, her foreign passport is still in her maiden name. Thus, she has to bring a copy of our marriage certificate whenever she travels out of the country because she has to present at the airport to explain 1) the name on the plane ticket doesn't exactly match the name on the passport and 2) why the name on the Green Card doesn't match the name on the passport. So as soon as possible, you should order two or three copies of your marriage certificate and keep one with your passport for travelling.

Congratulations again and good luck with the rest of the process!

[sailorgal 33]

Did she perform the marriage ceremony? If so, she was probably a Justice of the Peace or an actual officiant. In the U.S., a notary (Notary Public) can't practice law and can only certify signatures, take oaths, etc. We might be having some confusion in terminology here.

O yes she performed the ceremony i.e. made us take our vows at the court house. I don't yet know how things work here so I think there has indeed been a confusion in terminology from my side.

[TBoneTX 43,246]

Aha. Thanks for the clarification.

[bonzaigirl 13]

Hi Sailorgal, I believe you can go to the county court where your marriage certificate is filed, and you can have a name change there. It depends per state. I am adjusting at the moment, from K1. And we went through so much for name change. Check with your state regarding the laws of name changing. As we found out here the hard way. We got married, but unfortunately in California it takes 6-8 weeks before we can receive our filed marriage certificate. Unfortunately we couldn't wait that long, as we needed to file it soon or I will be out of status. So after waiting for 5 weeks, we submitted our documents for AOS, AP, EAD with my unfiled marriage certificate. We did consult this with a lawyer, and we were told that it was alright. This was the order of my name that we have submitted.

First Name: Ann Middle name: Jane (second name) Waters (mother's maiden name) Last Name: Doe

Husband's Name:Tim Middle Name: Joe Last Name: Smith

AOS application: Ann Jane Doe-Smith ( I removed Waters which was my mother's maiden name - as in our culture, we add our mother's maiden name to our middle name)

So the trouble started 6.5 weeks waiting for our marriage certificate, we get a call from our notary public, to inform us that LA County Clerk Office just called them, and they cannot file it as they are very strict with name changes, and the proper way of changing my name is that I cannot change my first and my middle name. Only my last name. So imagine our fright, as we have already submitted our AOS documents.

I did call USCIS, I was told that since it wasn't my last name that is affected, that it won't be a problem. I only needed to bring out supporting documents. I also just needed to explain it during the interview.

So after 9 weeks (Yeay LA :0 ) , my marriage certificate arrived and it has 2 pages, the first page is the original one bearing the name I had filed my AOS with Ann Jane Doe-Smith, the second page is where the corrected name is, which is Ann Jane Waters Doe-Smith.

So my advice, check with the county clerk first before doing any name changes, and they are also the ones who can assist you with the name change. Of course this comes with a fee.

I've applied my SSN in my maiden name, as they only accept name change when you have your registered married certificate. We applied for a checking, savings account, joint savings account after I've gotten my filed marriage certificate in my married name.

By the way, regarding driver's license, I believe it also varies per state. We tried to apply for my driver's license, but was shown the way out, since my visa has expired since I came from K1, and the visa expires 3 months after arrival in the US. So now I have to wait for my greencard or the EAD before I can take the written part/ apply for a driver's license. They want a document wherein it states the expiry date of your visa.

Sorry for the lengthy post, but hope my blunders help.

Edited October 2, 2015 by bonzaigirl

[sailorgal 33]

Hi Sailorgal, I believe you can go to the county court where your marriage certificate is filed, and you can have a name change there. It depends per state. I am adjusting at the moment, from K1. And we went through so much for name change. Check with your state regarding the laws of name changing. As we found out here the hard way. We got married, but unfortunately in California it takes 6-8 weeks before we can receive our filed marriage certificate. Unfortunately we couldn't wait that long, as we needed to file it soon or I will be out of status. So after waiting for 5 weeks, we submitted our documents for AOS, AP, EAD with my unfiled marriage certificate. We did consult this with a lawyer, and we were told that it was alright. This was the order of my name that we have submitted.

First Name: Ann Middle name: Jane (second name) Waters (mother's maiden name) Last Name: Doe

Husband's Name:Tim Middle Name: Joe Last Name: Smith

AOS application: Ann Jane Doe-Smith ( I removed Waters which was my mother's maiden name - as in our culture, we add our mother's maiden name to our middle name)

So the trouble started 6.5 weeks waiting for our marriage certificate, we get a call from our notary public, to inform us that LA County Clerk Office just called them, and they cannot file it as they are very strict with name changes, and the proper way of changing my name is that I cannot change my first and my middle name. Only my last name. So imagine our fright, as we have already submitted our AOS documents.

I did call USCIS, I was told that since it wasn't my last name that is affected, that it won't be a problem. I only needed to bring out supporting documents. I also just needed to explain it during the interview.

So after 9 weeks (Yeay LA :0 ) , my marriage certificate arrived and it has 2 pages, the first page is the original one bearing the name I had filed my AOS with Ann Jane Doe-Smith, the second page is where the corrected name is, which is Ann Jane Waters Doe-Smith.

So my advice, check with the county clerk first before doing any name changes, and they are also the ones who can assist you with the name change. Of course this comes with a fee.

I've applied my SSN in my maiden name, as they only accept name change when you have your registered married certificate. We applied for a checking, savings account, joint savings account after I've gotten my filed marriage certificate in my married name.

By the way, regarding driver's license, I believe it also varies per state. We tried to apply for my driver's license, but was shown the way out, since my visa has expired since I came from K1, and the visa expires 3 months after arrival in the US. So now I have to wait for my greencard or the EAD before I can take the written part/ apply for a driver's license. They want a document wherein it states the expiry date of your visa.

Sorry for the lengthy post, but hope my blunders help.

wow I'm so sorry for what you had to go through. Luckily it did not take so long with us the marriage certificate arrived in a week. And yes you're correct about the county court marriage. We did it at Orange County, Florida. Looks like we should make another appointment at the court and check the name check procedure once and for all (last thing I'd want is an RFE!) It's crazy how different people have such different experiences with the system. Every case is different from every other. Also I checked your timeline & it's been 2 months since you sent in your AOS application. Did they not send you even your EAD and AP cards yet? That's aggravating!

Though thanks for the detailed post. And I hope your case starts moving faster. Good lock