Need opinions (AOS and SSN name change)

[Mrsjackson 300]

Hello, 

 

I got an SSN when I first arrived on K1 visa. Then married. Then filed AOS (in maiden name). Yesterday finally got myself to the DOL and got a WA license. Surrendered my Canadian one. While there, the guy asked me if I wanted to do the name swap, since I had to bring my marriage certificate with me as it had my address on it and I have few other things that do. I just spontaneously said yes even though changing my name to my married name was not a huge deal to me but here we are. I thought why not. So my WA license is in my married name. The guy said now I just need to go to the SSN office and change it there, because it can be an issue if they don’t match up. So I go to SSN right after. The guy there says that because my K1 is expired he can’t change it. He asked me to come back in when I have evidence of being in legal status. I asked him if my notice of action from USCIS proving I’ve submitted my AOS petition (pretty dim of me not to bring it in the first place I was in a rush) would suffice and he said he wasn’t sure. S***. So now I’m just unsure of whether or not to inform USCIS of my partial name change lol. Wouldn’t it be weird to show up to my interview with my SSN in my maiden and my drivers in my married name? Would this cause confusion? Should i inform USCIS of a name change or just leave it because I can’t do the SSN right now. 

 

Side note: I am going to go back with the NOA1 from my AOS petition but I don’t have high hopes of it working. 

 

Thanks!

Edited March 20, 2019 by Mrsjackson
Spelling mistake

[GreenGem 58]

14 minutes ago, Mrsjackson said:

Hello, 

 

I got an SSN when I first arrived on K1 visa. Then married. Then filed AOS (in maiden name). Yesterday finally got myself to the DOL and got a WA license. Surrendered my Canadian one. While there, the guy asked me if I wanted to do the name swap, since I had to bring my marriage certificate with me as it had my address on it and I have few other things that do. I just spontaneously said yes even though changing my name to my married name was not a huge deal to me but here we are. I thought why not. So my WA license is in my married name. The guy said now I just need to go to the SSN office and change it there, because it can be an issue if they don’t match up. So I go to SSN right after. The guy there says that because my K1 is expired he can’t change it. He asked me to come back in when I have evidence of being in legal status. I asked him if my notice of action from USCIS proving I’ve submitted my AOS petition (pretty dim of me not to bring it in the first place I was in a rush) would suffice and he said he wasn’t sure. S***. So now I’m just unsure of whether or not to inform USCIS of my partial name change lol. Wouldn’t it be weird to show up to my interview with my SSN in my maiden and my drivers in my married name? Would this cause confusion? Should i inform USCIS of a name change or just leave it because I can’t do the SSN right now. 

 

Side note: I am going to go back with the NOA1 from my AOS petition but I don’t have high hopes of it working. 

 

Thanks!

Hi. The same situation happened to me as well but my AOS was in my married name. I had to wait for my EAD to update my SSN to my married name. But since your situation (your AOS in your maiden name) I'm not sure how this is going to affect your name change.

Edited March 20, 2019 by GreenGem

[Dashinka 23,190]

31 minutes ago, Mrsjackson said:

Hello, 

 

I got an SSN when I first arrived on K1 visa. Then married. Then filed AOS (in maiden name). Yesterday finally got myself to the DOL and got a WA license. Surrendered my Canadian one. While there, the guy asked me if I wanted to do the name swap, since I had to bring my marriage certificate with me as it had my address on it and I have few other things that do. I just spontaneously said yes even though changing my name to my married name was not a huge deal to me but here we are. I thought why not. So my WA license is in my married name. The guy said now I just need to go to the SSN office and change it there, because it can be an issue if they don’t match up. So I go to SSN right after. The guy there says that because my K1 is expired he can’t change it. He asked me to come back in when I have evidence of being in legal status. I asked him if my notice of action from USCIS proving I’ve submitted my AOS petition (pretty dim of me not to bring it in the first place I was in a rush) would suffice and he said he wasn’t sure. S***. So now I’m just unsure of whether or not to inform USCIS of my partial name change lol. Wouldn’t it be weird to show up to my interview with my SSN in my maiden and my drivers in my married name? Would this cause confusion? Should i inform USCIS of a name change or just leave it because I can’t do the SSN right now. 

 

Side note: I am going to go back with the NOA1 from my AOS petition but I don’t have high hopes of it working. 

 

Thanks!

If you did your AOS in your maiden name, your EAD/AP/GC will reflect that, so personally, I would change the DL back to your maiden name.  As @GreenGem stated, the SSA will not do anything if someone is out-of-status even if it is forgivable via having an in-process AOS.

 

Good Luck!

Edited March 20, 2019 by Bill & Katya

[K1visaHopeful 2,655]

You rarely can change your SSN name to your married name until after you receive either your EAD or your GC. This is because SSA is only supposed to change your name to what DHS has on file for you and DHS wont have your married name on file for you until, in your case, your GC is approved in your married name. 

 

Essentially you will work under your maiden name with the maiden name SSN and maiden name EAD until you can change the SSN name with your GC. Your EAD and your SSN name need to match so they wont change it at SSA anyways as you would have to provide them your EAD and it would be in your maiden name. 

 

Because you did not apply for AOS in your married name as you were supposed to, you will have to make mention at your GC interview that you would like your GC to be issued in your married name. DO NOT forget to do that as if you do not, you will be waiting until the ROC process to ask them to change it then. 

 

After you receive your GC in your married name you can go back to SSA and request a name change and have them remove the "DHS authorization needed to work" phrase off your card.

[K1visaHopeful 2,655]

Your I797 NOA1 would not suffice as a document enabling you to change your name with SSA.

1. You are still out of status and SSA cannot issue you a card unless you have legal status. I797 only proves you have authorized stay pending your AOS application approval.

2. Your DHS name has not been changed to your married name because you dont have any approved applications.

3. Your I797c is in your maiden name anyways.

 

Pay to change your name back on the DL. The DMV agent obviously had no clue you couldnt change your SSN name. As an immigrant with no status, you cant.

Edited March 20, 2019 by K1visaHopeful

[Mrsjackson 300]

1 minute ago, K1visaHopeful said:

Your I797 NOA1 would not suffice as a document enabling you to change your name with SSA.

1. You are still out of status and SSA cannot issue you a card unless you have legal status.

2. Your DHS name has not been changed to your married name because you dont have any approved applications.

3. Your I797c is in your maiden name anyways.

 

Pay to change your name back on the DL. The DMV agent obviously had no clue you couldnt change your SSN name. As an immigrant with no status, you cant.

Is it necessary to pay to put it back? That’s not cheap. I couldn’t use my married name on my AOS I hadn’t changed it on the license at that point and I went and got my SSN in the first few days with my maiden name because everyone on here told me to. Clearly I should have waited until I was married and applied for my SSN in my married. This has caused a complete cluster. Anyways thanks 

[K1visaHopeful 2,655]

7 minutes ago, Mrsjackson said:

Is it necessary to pay to put it back? That’s not cheap. I couldn’t use my married name on my AOS I hadn’t changed it on the license at that point and I went and got my SSN in the first few days with my maiden name because everyone on here told me to. Clearly I should have waited until I was married and applied for my SSN in my married. This has caused a complete cluster. Anyways thanks 

You dont need anything but your MC to apply for AOS in your married name. You dont need any type of ID in your married name to apply for AOS in your married name. The MC with your husband's surname on it IS your name change document even if his name is not attached to your first name anywhere on the MC.

 

The cluster is not applying for your AOS forms in your married name. 

K1 AOS applicants usually cannot get ANY type of ID in their married name until either the EAD or GC is approved. EVERYONE will use their maiden name from previously or newly obtained IDs until after their first Immigration document is approved. That's how it is for everyone. We are nameless, out of status immigrants until then.

Edited March 20, 2019 by K1visaHopeful

[K1visaHopeful 2,655]

As for your DL, I'm not sure. You have no other immigration documents or IDs listed in that name. That's worrisome.

[Mrsjackson 300]

2 minutes ago, K1visaHopeful said:

As for your DL, I'm not sure. You have no other immigration documents or IDs listed in that name. That's worrisome.

Ok well it sounds like eating the cost at the DOL to change it back is what is best to be safe. Thanks!

[K1visaHopeful 2,655]

Its fine that your SSN is in your maiden name too. You were supposed to do that so you can get Health Insurance and bank accounts and a temporary DL in your maiden name. You just cant change your SSN until you are approved for your first immigration benefit and have legal status once again.

Edited March 20, 2019 by K1visaHopeful

[Dashinka 23,190]

10 minutes ago, Mrsjackson said:

Is it necessary to pay to put it back? That’s not cheap. I couldn’t use my married name on my AOS I hadn’t changed it on the license at that point and I went and got my SSN in the first few days with my maiden name because everyone on here told me to. Clearly I should have waited until I was married and applied for my SSN in my married. This has caused a complete cluster. Anyways thanks 

Actually, getting the SSN in your maiden name is quite common and is completely unrelated to the AOS application.  At this point though the proverbial spilled milk.  If you plan to use your married name, then you can try to get your GC issued in your married name if you actually have an interview, but if that doesn't work you can try at the ROC stage.

 

Good Luck!

[K1visaHopeful 2,655]

1 minute ago, Mrsjackson said:

Ok well it sounds like eating the cost at the DOL to change it back is what is best to be safe. Thanks!

Go see if you can talk to the same agent that issued you the Married name DL. Ask for the supervisor too. Explain that the DMV agent gave bad advice. Maybe they will give you a break.

[K1visaHopeful 2,655]

2 minutes ago, Bill & Katya said:

Actually, getting the SSN in your maiden name is quite common and is completely unrelated to the AOS application.  At this point though the proverbial spilled milk.  If you plan to use your married name, then you can try to get your GC issued in your married name if you actually have an interview, but if that doesn't work you can try at the ROC stage.

 

Good Luck!

All K1s get interviewed for AOS. The policy that K1 interviews can be waived changed on May 15th, 2018. She will be able to ask for her GC to be issued in her married name then.

[Elle29 52]

when I went to apply for my Washington State ID, the lady asked me if do I want to start using my married name but I insisted that I’ll stick with my maiden name for the meantime since I haven’t applied for my AOS during that time. Thank God we got a good advise from the guy working at Chase that if I want to start using my married name, I should do it first on any immigration documents that I will be filing. 

[Mrsjackson 300]

1 hour ago, K1visaHopeful said:

Go see if you can talk to the same agent that issued you the Married name DL. Ask for the supervisor too. Explain that the DMV agent gave bad advice. Maybe they will give you a break.

I absolutely will! It was only yesterday so I doubt the card has been printed yet. It’s more going there with my one year old that’s scaring me I had my dad to watch her yesterday 😩