Name Change

[JMyersNC828 1]

So, my fiancee is from Honduras. She has 2 children from her ex boyfriend. I am the petitioner.  After we get married, what is the process to leaglly change my wife's name as well as her childten's last name to mine?

 

How will this affect the process for applying for a SSN?

 

Thank you in advance. 

[GreatDane 366]

The first pointer is go to the Social Security office about 2 weeks after entry and apply for her Social Security card in her maiden name. My fiance got his but sometimes they aren't very informed at every office. The reason for the maiden name is because SS has to find her name in the immigration database and issue the card in the same name as on her I-94. She can change her name later after she gets her EAD card or green card. If she waits two months, it will be too late to get SS to issue her a card before her I-94 expires and she will have to wait on the green card before getting it.

Next, AOS, EAD, AP is in the new name. It's a different process so think starting over and use the name she will go forward with. Your marriage certificate that you send in provides the paper trail to show the name change. They'll "get it" when you apply under the married name.

Once she gets green card, go to SS office and show marriage certif and apply for a new SS card in the new name. It says something about not being valid without work authorization from DHS.

[geowrian 22,335]

The marriage certificate is the legal name change document in the US.

 

You can apply for an SSN in the first 76 days of entry on a K-1 visa (90 days - 2 weeks of status required by the SSA). The suggestion in the past was to wait 2 weeks to ensure you are in the system first to avoid manual verification (which takes several weeks), but nowadays it's more like a couple days is fine.

 

I would suggest getting the Social Security card in her maiden name before marriage first so that she has it. Then, after marriage, she can try to get the SSA to change it to her married name via the marriage certificate. This is very YMMV...it took us 3 trips to the SSA, and we also had to provide the NOA1 from the I-485 (AOS). If they won't accept that still, then you need to wait for either the EAD or green card comes in and have them change it at that time.

 

You just file AOS in the married name. Then the EAD/AP/green card will be issued in that name. Obviously, the name change needs to be an allowed change due to marriage (i.e. no changing first names and such...that needs a legal name change from a court).

[JMyersNC828 1]

Thanks for the insight, that is greatly appreciated.  Anyone have any experience with changing the name of children in the process of changing the name of the spouse?

 

Thanks