Maiden or Married Name on the Green Card Application?

[netminder30 1]

My non-US citizen wife and I are about to file for AOS. We are trying to determine whether we can apply using my wife's married name or whether we must use her maiden name. We prefer to apply with the married name so the green card will match the name we intend to use on her social security card, driver's license, bank accounts, credit cards, etc..

The reason why we have this question is because we are not in fact sure that my wife's married name is legally recognized yet. We can't change her name on the social security card until after she is approved for a green card (it's a long story). Consequently, we can't change her name on her driver's license either. Does this mean her maiden name remains in force? Are we prohibited from using the married name on the application?

It might be helpful to add that our marriage certificate shows only my wife's maiden name; her first name with my surname does not appear anywhere on the certificate.

[p-ana 933]

You should fill her forms for the aos with the name she intends to use from now on. The marriage certificate is the document that allows her to use married name, even if in the document itself won't list which name is.

Most places will ask her for a government issued id before changing her name there, for example the dmv, social security, etc. so you'll need either the ead or the green card for that.

[f f 725]

use married name on application. if she changed her name on the marriage license then that is the legal document which changed her legal name. there is a place on the application to list all previous names and you put her maiden name there.

when you do biometrics you will need to bring passport and marriage certificate to establish her identity.

[Dashinka 24,579]

P-Ana is correct here, the marriage certificate functions as a legal name change document regardless if it contains a specific section stating that. The forms may vary from locale to locale, but nevertheless, fill out the AOS forms using the name you intend along with a certified copy of the marriage certificate and you will be fine. Our marriage certificate had no section specifying a name change, but we did it that way and the EAD and GC showed up in my wife's married name, then we proceeded to change the SSC and DL.

Good Luck!

[KayDeeCee 4,893]

Many states do not list the name you intend to use after marriage, and will only show their maiden name that you filled out the license and signed with. That is fine. The marriage certificate still acts as your legal name change document. If she is changing her name now that she is married, then she should use the married name from now on, and that includes using it on all the AOS forms. You want the EAD/AP and green card to come in the new married name.

The guide here points this out too > http://www.visajourney.com/content/k1k3aos

3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names)

Edited August 24, 2016 by KayDeeCee

[Calcif3r 7]

I filed my AOS and all other USCIS paperwork under my married name. I just made sure to put my maiden name on the section that says "previous names including maiden name...." and last week when my EAD arrived it came with my married name on it.

My marriage certificate only had my maiden name info too, nowhere did it say or mention what my future name would be, but with that certificate alone I was able to change my last name at one well known bank.

Good luck!!

[netminder30 1]

Thanks to all who have provided input to my question. I very much appreciate your responses!