Wife last name is husband first name ! Advice pls AOS

[Transborderwife 4,666]

Mistakes happen all of the time. I'm still puzzled at you receiving a call on a Saturday from social security. It could present huge problems for her down the road. You've already had a lawyer on the thread tell you the law. If your wife is so headstrong to get her way, by all means do so. But if it comes back to haunt her I wouldn't be surprised.

[HeavensAngel 4]

I'm gonna call USCIS tomorrow and see what they say ?

Edited June 5, 2016 by HeavensAngel

[aaron2020 11,651]

Ok but than why social security has no problem with that and they are sending a new card this week very soon.

Isn't SS office as important as USCIS ?

SS made the mistake based on your filing. Just because one US agency made a mistake, it doesn't mean that it's okay. Just because SS made a mistake based on your filing, it doesn't mean your wife can use your first name as her last name.

She works for the state ...this is why she's so sure..but I'm gonna call USCIS tomorrow and see what they say ?

Working for that state, then she knows all the laws? That would be incredible.

[Transborderwife 4,666]

I'm gonna call USCIS tomorrow and see what they say ?

Just so you know, USCIS notoriously gives out incorrect information over the phone

[HeavensAngel 4]

So where to call to know the authentic rule / law

[Transborderwife 4,666]

So where to call to know the authentic rule / law

From another legal website: http://info.legalzoom.com/legally-change-name-after-marriage-ohio-20429.html

"Tips & Warnings

A husband who wants to take his wifes name after marriage, or a wife who wants to change her name to one that departs from some combination of her own and that of her husband, must file a regular name change petition with the court. Request a petition from your county probate court and attend the required hearing. When the court issues you an order allowing the change, use this order in lieu of your marriage certificate to change your Social Security card and drivers license."

You need to speak to somebody who knows the law, like a court clerk, lawyer, judge etc not USCIS

Edited June 5, 2016 by Transborderwife

[aaron2020 11,651]

So where to call to know the authentic rule / law

It's not USCIS's responsibility to tell you what the law is. It's not USCIS's responsibility to tell you what state laws covers name changes for your spouse.

If you want to "know the authentic rule / law" then do-it-yourself (DIY) research or hire a lawyer.

[HeavensAngel 4]

Ok does any one know ..his long it take to change the band again ,as u know my wife SSN is in process & we might be getting it any day next week ...can we give an application to change the name & do they need just a marriage certificate to issue SSN card again to my wife.

And or is there any time limit in guide lines of social security that you have to wait certain time to change the name again once the card is issued??

I worry if there's time limit than I might be running out of time to apply AOS, as we need SSN of my wife for various documents to start applying for .

Do u think I'll b able to apply the SSN of my wife again as soon as I get to change the name ? Or I gave to get some kind of court orders to do that ?

Office is closed today and I'm just stressing over why I chose the first name

[aaron2020 11,651]

It would take several months for your wife to get a court order to change her name. It's extremely silly to wait for a court ordered name change before filing for a new SS card or to file for AOS.

USCIS is not going to give your wife an EAD or green card with a name she is not entitled to.

So how is she going to work with a SS card that has a name she is not entitled to? She can't, so fix it.

CONTACT SOCIAL SECURITY AND FIX YOUR MISTAKE. Your wife can keep her maiden name or take your last name. She can not take your first name as her last name.

[Transborderwife 4,666]

It would take several months for your wife to get a court order to change her name. It's extremely silly to wait for a court ordered name change before filing for a new SS card or to file for AOS.

USCIS is not going to give your wife an EAD or green card with a name she is not entitled to.

So how is she going to work with a SS card that has a name she is not entitled to? She can't, so fix it.

CONTACT SOCIAL SECURITY AND FIX YOUR MISTAKE. Your wife can keep her maiden name or take your last name. She can not take your first name as her last name.

Wife is the USC to my understanding

[Lemonslice 4,569]

Which state are you living in? In Massachusetts, you can pick any name after marriage... Some pick on of the spouses' last name, other go hyphenated, other complete invention.

http://www.mass.gov/courts/selfhelp/name-changes/

At the time of marriage, Massachusetts law allows a person to adopt any surname (last name).

and MGL c.46, s.1D Adoption of Surname Upon Marriage

"Each party to a marriage may adopt any surname, including but not limited to the present or birth-given surname of either party, may retain or resume use of a present or birth-given surname, or may adopt any hyphenated combination thereof."

Edited June 5, 2016 by Lemonslice

[Transborderwife 4,666]

Which state are you living in? In Massachusetts, you can pick any name after marriage... Some pick on of the spouses' last name, other go hyphenated, other complete invention.

http://www.mass.gov/courts/selfhelp/name-changes/

and MGL c.46, s.1D Adoption of Surname Upon Marriage

"Each party to a marriage may adopt any surname, including but not limited to the present or birth-given surname of either party, may retain or resume use of a present or birth-given surname, or may adopt any hyphenated combination thereof."

Profile says Ohio

[Lemonslice 4,569]

Local office says: Boston MA... details are confusing

[KayDeeCee 4,892]

So where to call to know the authentic rule / law

http://www.visajourney.com/forums/topic/598163-wife-last-name-is-husband-first-name-advice-pls-aos/#entry8170960