Social Security office refuses to update name after K1 visa + marriage

[ben747 0]

My fiance entered on K1 visa and shortly after her arrival, we went to the SS office and she was issued a SSN with her maiden name.  We got married within 90 days in CA and recently received our marriage certificates (its now past 90 days since K1 expiration since the courthouse does not issue certificates on the same day), so we went to the SS office to update her name and they said they cannot do that because her visa is expired and that she need to either present a green card or work authorization card. I've tried to explain to SS worker that visa expires on the day of arrival anyway, to no avail. Is this correct, or did the SS worker made a mistake? Also, what is her legal name at this point, maiden, or what it says in the marriage certificate?

Edited November 21, 2017 by ben747

[ch3john 308]

The I-94 should give them the info they need. If it's not in your wifes passport, you can get one online. https://i94.cbp.dhs.gov/I94/#/recent-search

 

Print this and take with you. It shows the I-94 is acceptable. 

Edited November 21, 2017 by ch3john

[Georgia16 2,858]

It is correct they do not change the name or issue a SSN if there is less then 14 days left on the I-94 or it is over date.

 

You will have to wait for the EAD (or GC)

[ben747 0]

So if getting EAD or GC first is only way to get SSN updated, should we use her new name or maiden name in AOS application, IRS taxes, health insurance, etc? Does the name she use must match her current SSN with maiden name, or new name as per marriage certificate?

[Ontarkie 13,918]

~~Moved to SSN, from K1 P&P~~

[implife 318]

13 hours ago, ben747 said:

So if getting EAD or GC first is only way to get SSN updated, should we use her new name or maiden name in AOS application, IRS taxes, health insurance, etc? Does the name she use must match her current SSN with maiden name, or new name as per marriage certificate?

Use her current legal name on all documents. Go back to SSN with when you get GC or EAD. You should be working on your AOS application, not worrying about SS office. They're useless and incompetent.

[Redheadguy03 505]

1 hour ago, implife said:

Use her current legal name on all documents. Go back to SSN with when you get GC or EAD. You should be working on your AOS application, not worrying about SS office. They're useless and incompetent.

Current legal name could mean different things to different people. Current legal name according to whom? SS or the state you are in? 

 

You should use the name you want to permanently use. So, if your wife is changing her name you use the name she is changing it to for AOS. That way when you get your green card it will have the correct name. Then after getting EAD you can get the SSN changed. 

[geowrian 22,335]

While certainly not ordinary, the SSA was correct in this case to deny a new card. You must have at least 14 days of legal status remaining (or an EAD or green card) in order for them to issue a card. After 76 days of entry on a K-1, this is no longer possible.

Don't confuse this with being in the US illegally, though...you still have authorized stay once you file for AOS.

 

Getting the SSA to issue a card in your married name before having an EAD or green card is a challenge in itself, but possible (took my wife 3 tries and printing ~20 p[ages of their policy manual...). But getting them to issue it with less than 14 days of legal status (and no EAD or green card) is the proper decision under current policy. You just have to wait it out...

 

As for your current name, you are permitted to take a name change in accordance with your state's laws regarding marriage. The marriage certificate is a legal name change document. So you can sign documents in thew new ("married") name already. You just can't get certain government documents issued in that name yet, and some types of services that require an SSN (health insurance does not!!!) may require some prodding if they check the name/number against the SSA (i.e. the DMV does this in my state so my wife needed to update the name with SSA first).

You can complete the AOS forms in your desired name so long as the name change is permitted due to marriage (i.e. no changing a first name). Once you have the EAD or green card, you can go to the SSA and have them issue a new card in the name stated on the EAD/green card.

[implife 318]

58 minutes ago, Redheadguy03 said:

Current legal name could mean different things to different people. Current legal name according to whom? SS or the state you are in? 

 

You should use the name you want to permanently use. So, if your wife is changing her name you use the name she is changing it to for AOS. That way when you get your green card it will have the correct name. Then after getting EAD you can get the SSN changed. 

Do me a favor, don't be silly. In this situation, whatever is on the marriage license is the current legal name. Even if you want to use "Redheadguy03" for the rest of your live, this is not your legal name. I mean, I hope it isn't.

[Ksenia_O 695]

16 hours ago, ben747 said:

So if getting EAD or GC first is only way to get SSN updated, should we use her new name or maiden name in AOS application, IRS taxes, health insurance, etc? Does the name she use must match her current SSN with maiden name, or new name as per marriage certificate?

If by the time of filing your Tax Return her last name has not been changed on her SS Card, you should use her maiden name on your Tax Return. Otherwise it will get rejected - ss info on the Tax Return must match with Social Security Office record.

 

 

[geowrian 22,335]

20 minutes ago, implife said:

In this situation, whatever is on the marriage license is the current legal name.

The marriage license has no impact here. The marriage certificate is what matters.

The marriage certificate for my wife and I doesn't list her current last name anywhere (only her maiden name). None in PA (as well as many other states) do.

[Scandi 3,970]

If she wants to use her married name then that's the name she puts in her AOS application. If she files in her maiden name and later wants to change the name on her greencard to the married name, it'll cost her about $500, which is completely unnecessary when she can file in her married name already from the start. 

 

Nevermind about the SS card, that's not important atm. As long as she at least have an SSN then she's fine. Once the EAD arrives in her married name she goes back to the SSA and use the EAD as her ID that also proves her name change. 

[implife 318]

37 minutes ago, geowrian said:

The marriage license has no impact here. The marriage certificate is what matters.

The marriage certificate for my wife and I doesn't list her current last name anywhere (only her maiden name). None in PA (as well as many other states) do.

Agreed, the certificate is the document that matters.