Last name change AOS

[WhatAWait! 31]

Hello, 

We are ready to file for AOS - for the K1 and K3 Visa. We got married in Virginia but my wife's last name on the Marriage license is not changed to the married last name. My questions is when I fill the form would I go by the last name on the marriage license or can I put her last name as my last name?  This is very confusing, I called the USCIS and they keep saying you have to use your last name on the license.  Does any body has any information or input on this? Thank you so much. 

 

[ThomasNC1988 762]

Put the name you want as your name then put your unmarried name as other names used.

[Georgia16 2,858]

K-1 and K-3 visa? 

 

Just fill the the papers out in the new name. 

[NikLR 13,220]

Do you mean k1 and k2?  The k2 xhild will keep their birth name unless the usc adopts them or is the biological child.  For k1 you simply fill out paperwork with your married name. The marriage certificate allows you to use your spouse's surname. 

[WeGuyGal 1,052]

Did the wife legally change her name through the court system first?

[WhatAWait! 31]

1 hour ago, WeGuyGal said:

Did the wife legally change her name through the court system first?

No my wife has not legally changed her name - We were under the impression that after marriage the last name can be assumed. We were able to apply for last name change at SSN office and all they asked was the marriage certificate. 

Thanks for your reply. 

[WhatAWait! 31]

13 hours ago, NikLR said:

Do you mean k1 and k2?  The k2 xhild will keep their birth name unless the usc adopts them or is the biological child.  For k1 you simply fill out paperwork with your married name. The marriage certificate allows you to use your spouse's surname. 

So does that mean that I should leave the child's last name as his birth last name? 

13 hours ago, Georgia16 said:

K-1 and K-3 visa? 

 

Just fill the the papers out in the new name. 

Thanks for the response.What about the K3 visa- my step sons last name? 

[ThomasNC1988 762]

11 minutes ago, WhatAWait! said:

Thanks for the response.What about the K3 visa- my step sons last name? 

I believe you mean K-2. His name will not be able to be changed unless you do it through the courts I believe. The easiest course would have probably been to change your name, but since she changed her's at SS that ship has sailed.

[Georgia16 2,858]

1 hour ago, WhatAWait! said:

So does that mean that I should leave the child's last name as his birth last name? 

Thanks for the response.What about the K3 visa- my step sons last name? 

He would be a K-2. 

 

He will have to change name in court first so for now you will have to put his name as it was on the visa. 

[NikLR 13,220]

9 hours ago, WhatAWait! said:

So does that mean that I should leave the child's last name as his birth last name? 

Thanks for the response.What about the K3 visa- my step sons last name? 

Your wife can assume your surname.  

 

Your stepson is a k2, not a k3.  A k3 is a spousal visa.  He will need to use his birth name unless you are legally allowed to adopt him or his mother changes his name in the court system.