Catch-22 - SSN Name Changes and Filing Taxes?

[S_And_J 7]

Hi all!

 

I was hoping someone who had been in a similar situation may have some knowledge on how to deal with what seems to be a catch-22 situation.

 

If you enter the US on a K-1, and subsequently apply for an SSN in your maiden name, what happens after you marry and want to file taxes? I've read that SSA refuse to change your name (to your married one) on your SSN until after they receive a GC or EAD from AOS. With waiting times for those being extensively long, how are you meant to file with the IRS before their deadline? I've read online that your SSN name has to match up with the name you file taxes under?

 

Do you file your taxes with your maiden name even though your legal name would be your married name? How would that work when you're required to bring tax transcripts for AOS or ROC (I think?)

 

Also, how would that work with any documentation that you need to provide the IRS?

[geowrian 22,335]

Generally you file using your current name, whatever that is, which may differ from the name on your SS card. But try to get the card updated after getting married still..the name mismatch can cause issues with electronic filing.

Edited October 24, 2018 by geowrian

[S_And_J 7]

35 minutes ago, geowrian said:

You file using your current name, whatever that is, which may differ from the name on your SS card.

Hey @geowrian, thanks for the reply!

 

Are you sure? I stumbled upon this IRS page which got me confused: https://www.irs.gov/newsroom/report-name-change-before-you-file-taxes

 

Quote

Did you change your name last year? Did your dependent have a name change? If the answer to either question is yes, be sure to notify the Social Security Administration before you file your tax return with the IRS.

This is important because the name on your tax return must match SSA records. If they don’t, you’re likely to get a letter from the IRS about the mismatch.

If this is the case, how is someone meant to change their SSA records if they have to wait for the EAD / GC process before SSA will actually amend their records? Seems like in this case people are just stuck in a grey area?

 

I noticed from your signature that you changed your SSN to the new married name when you got your NOA1 for AOS? Did you not have any trouble with SSA taking this as a document, or did USCIS update your SAVE record once you filed for AOS?

 

EDIT: Just saw your edit! We were planning on filing with paper anyway rather than electronically - will that make a difference?

Edited October 24, 2018 by S_And_J

[geowrian 22,335]

Correct...electronic filing will likely reject the return. Paper filing with a copy of the marriage certificate as evidence of the name change should be sufficient, though.

 

Yes, my wife was able to get an SSC under her married name with her I-94, marriage certificate, and the NOA1 from AOS. It took 3 visits to the SSA office, though....not a fun process but we finally got an employee that knew what they were doing and processed it. Others have had to try other offices, or wait until they get an EAD (or green card works too).

Also note that you must have at least 14 days of legal status remaining when you apply for the new card. Many people marry then wait too long to get the SSC changed, so they have to wait for the EAD.

SAVE was not updated with the new name until the I-765 was approved.

Edited October 24, 2018 by geowrian

[Wuozopo 4,285]

8 hours ago, S_And_J said:

If they don’t, you’re likely to get a letter from the IRS about the mismatch.

 

You could always answer the IRS letter (if you even get one) with your reasons. Or file in your maiden name for 2018 and switch names on taxes for subsequent years. 

 

As far as tax returns for AOS, the USCIS is interested in those for income, not names. Some people don't take their husband's name and that does not hinder their success at getting a greencard or later citizenship.

 

Edited October 24, 2018 by Wuozopo

[lierre 224]

you use the name you currently have in your SSN when you file. 

 

when i got my SSN, i could only use my original country's passport which had my maiden name on it. i couldn't change it until i changed my passport's name.

[TransplantUSA 167]

I was able to change my SSN to my married name. You just need to take in your marriage certificate and apply for a new one. I haven't seen anywhere where it says you can't change it. 

 

Doesn't hurt to try!

[Diane and Chris 651]

On 11/2/2018 at 12:14 AM, lierre said:

you use the name you currently have in your SSN when you file. 

 

when i got my SSN, i could only use my original country's passport which had my maiden name on it. i couldn't change it until i changed my passport's name.

My husband took my last name. He never changed his passport to his new name. He got a DL and SS card with his new name on it by showing the marriage certificate. It can be done!