Married or Single Last Name on AOS forms?

[VanDerFran 10]

Hello guys,

 

In the State of Florida a Marriage Certificate does not print the name the spouse or spouses wish to change to,  it is up to each person to change where they want and when they want. like SSA, DMV, etc...
 

So this make me question what Last Name to use on AOS, AP and EA forms (i.485, i.131, i.864 and i.765)?

 

Any Florida filler and other state with similar situation ?

Thanks

 

[Cyberfx1024 7,978]

8 minutes ago, VanDerFran said:

Hello guys,

In the State of Florida a Marriage Certificate does not print the name the spouse or spouses wish to change to,  it is up to each person to change where they want and when they want. like SSA, DMV, etc...

So this make me question what Last Name to use on AOS, AP and EA forms (i.485, i.131, i.864 and i.765)?

Any Florida filler and other state with similar situation ?
Thanks

A number of states does this as well at least I know NC does it. When my asawa and I got married then filed for AOS we used the married name on everything for her. Just go with the married name and you will be fine. 

[LarryHickman 181]

20 minutes ago, VanDerFran said:

Hello guys,

 

In the State of Florida a Marriage Certificate does not print the name the spouse or spouses wish to change to,  it is up to each person to change where they want and when they want. like SSA, DMV, etc...
 

So this make me question what Last Name to use on AOS, AP and EA forms (i.485, i.131, i.864 and i.765)?

 

Any Florida filler and other state with similar situation ?

Thanks

 

I just sent all my wife’s forms for K1 AOS , EAD etc and all with her birth name...your going to find wait until green card to change names atleast it’s my opinion, why worry with something not matching? I live in Florida and our marriage certificate has her birth name

Edited April 25, 2019 by LarryHickman

[VanDerFran 10]

10 minutes ago, LarryHickman said:

I just sent all my wife’s forms for K1 AOS , EAD etc and all with her birth name...your going to find wait until green card to change names atleast it’s my opinion, why worry with something not matching? I live in Florida and our marriage certificate has her birth name

So Green Card is printed with birth name and than changed to married name later ?

[geowrian 22,335]

You complete all forms with your current name. There is no "single name" and "married name". If you alter your name via marriage, that new name is now your current name. The marriage certificate is a legal name change document.

 

Whatever name you put on the I-485 is the name they will issue the green card in. Changing the green card name afterwards is performed via an I-90, which is an unnecessary several hundred dollar cost and added wait here.

Same for AP and EAD - they will issue it using the name on the I-131 and I-765 respectively.

 

PA does the same - it does not list any name changes. The certificate is still valid evidence of a legal name change, and was recognized by USCIS just fine.

There are limits on the allowable name changes via an MC (i.e. you can't change your name to anything you want...check state laws for specifics but the common changes like adoption of a surname are fine).

[LarryHickman 181]

4 minutes ago, VanDerFran said:

So Green Card is printed with birth name and than changed to married name later ?

Yes that’s my understanding. Once you have green card then change your name with social security Administration, drivers license etc. I can’t think of a single thing, need or necessity that you can’t get, obtain or accomplished being married but still use your birth name for the short time period during filing AOS and greencard.

[VanDerFran 10]

6 minutes ago, geowrian said:

You complete all forms with your current name. There is no "single name" and "married name". If you alter your name via marriage, that new name is now your current name. The marriage certificate is a legal name change document.

Precisely that was my question... in Florida present name on Married certificate is the same as the single name(or name before marriage, I should say). There is no document where a name change is printed.

[Cyberfx1024 7,978]

5 minutes ago, VanDerFran said:

Precisely that was my question... in Florida present name on Married certificate is the same as the single name(or name before marriage, I should say). There is no document where a name change is printed.

You are married na so the married name is your current name if you choose to take it. Please do not overthink this thing. 

[Cyberfx1024 7,978]

17 minutes ago, LarryHickman said:

Yes that’s my understanding. Once you have green card then change your name with social security Administration, drivers license etc. I can’t think of a single thing, need or necessity that you can’t get, obtain or accomplished being married but still use your birth name for the short time period during filing AOS and greencard.

 

 

17 minutes ago, LarryHickman said:

Yes that’s my understanding. Once you have green card then change your name with social security Administration, drivers license etc. I can’t think of a single thing, need or necessity that you can’t get, obtain or accomplished being married but still use your birth name for the short time period during filing AOS and greencard.

She is talking about the name to write down on the forms to send for AOS. If she uses the maiden name then the GC will be in her maiden name. 

Edited April 25, 2019 by Cyberfx1024

[VanDerFran 10]

1 minute ago, Cyberfx1024 said:

 

 

She is talking about the name to write down on the forms to send for AOS. If she uses the maiden name then the GC will be in her maiden name. 

The only confusing part is that I do not have a document to show the name change,  and as I mention before the Marriage Certificate does not have the surname we wish change to.

[geowrian 22,335]

20 minutes ago, VanDerFran said:

The only confusing part is that I do not have a document to show the name change,  and as I mention before the Marriage Certificate does not have the surname we wish change to.

The marriage certificate plus using/claiming the name is sufficient. I know it may sound a bit strange that you just start using a new name without any documents showing it yet, but that's the way it is.

Additional evidence of the name change (state ID or driver's license, Social Security card, an EAD, a green card, bank accounts, credit card accounts, insurance cards, etc.) will come over time as you are able to change them.

[Cyberfx1024 7,978]

33 minutes ago, VanDerFran said:

The only confusing part is that I do not have a document to show the name change,  and as I mention before the Marriage Certificate does not have the surname we wish change to.

The marriage license is the document that is enough to show the name change. 

[geff44 30]

3 hours ago, VanDerFran said:

Hello guys,

 

In the State of Florida a Marriage Certificate does not print the name the spouse or spouses wish to change to,  it is up to each person to change where they want and when they want. like SSA, DMV, etc...
 

So this make me question what Last Name to use on AOS, AP and EA forms (i.485, i.131, i.864 and i.765)?

 

Any Florida filler and other state with similar situation ?

Thanks

 

 

It is the same thing in New Jersey . Our marriage certificate has my wife's maiden name written on it . She was able to use my last name on her SS card, DMV, IRS but when we filed for forms I 485, I 751 and eventually N400 my wife used her maiden name since we thought we had to follow what was written on the marriage certificate and her Phil passport.   If we had known at that time that it was OK to use my last name we would have  avoided the hassle that we are facing right now.  My wife recently passed both I 751 and N400 interviews.  On our N400 form we requested  a change of name (i.e. my wife to use my last name) . However we were told by the interviewing IO,  in Santa Clara county , Ca, they don't have any judicial oath taking so if my wife wants to take up my last name on her nat cert we have to go thru  the local court first then re apply for a new naturalization certificate ($$$) . She still can use my last name on the other legal documents per the IO . However  for  her naturalization certificate it will have to be whatever is written on the marriage certificate as this is the document that USCIS will follow.

[K1visaHopeful 2,661]

2 hours ago, VanDerFran said:

The only confusing part is that I do not have a document to show the name change,  and as I mention before the Marriage Certificate does not have the surname we wish change to.

Some states do not issue MCs in any other name than the maiden name. BUT your surname name (as the husband) is listed on it, correct?

Your surname does not have to be listed on the MC as attached to your wife's name in any way. Your surname being listed on the MC means she can elect to use your surname as her new married surname.

The same would apply if you, as the husband decided to take on your wife's surname as your new married name. You could because her surname is listed on the MC.

The same would apply if you both (or one of you) decided to hyphenate your surnames. Both your surname and her surname are listed on the MC so you could both (or one of you) choose to elect to use both of your surnames but hyphenate them simply because both names appear on the MC.

What it comes down to is this: If the name appears on the MC, either one of you can elect to use that name as your married name. A Marriage Certificate gives you the legal option to elect to use any name listed on it as your new married surname. 

Say if your MC says:

John Vanderfran

Mary Smith 

...with her maiden name being Smith.

She can elect to be called Mary Vanderfran or she can elect to still be called Mary Smith.

You can elect to be called John Smith.

And both or one of you can choose to be known as Vanderfran-Smith and the other Smith-Vanderfran. Her new surname does not have to already appear on the MC as her name. Those names being ON the MC mean she can do whatever she likes.

 

As for changing the name, it is much different for immigrants that what you have been taught. Immigrants cant simply update documents in their new name. They first need legal immigrant status.

The official "changing of the name" occurs first through immigration for immigrants. You do so by applying for I485, I765 and I131 in the name you have elected to take. Once your first immigrant benefit is approved (whichever comes first out of EAD or GC) you will then have official immigrant status in the married name and you can update everything else. 

[geowrian 22,335]

12 minutes ago, K1visaHopeful said:

As for changing the name, it is much different for immigrants that what you have been taught. Immigrants cant simply update documents in their new name. They first need legal immigrant status.

The official "changing of the name" occurs first through immigration for immigrants. You do so by applying for I485, I765 and I131 in the name you have elected to take. Once your first immigrant benefit is approved (whichever comes first out of EAD or GC) you will then have official immigrant status in the married name and you can update everything else.  

Depends on the benefit being sought.

For instance, you can likely update a bank account name, utility bill account, etc. with just the MC.

In PA, you can update a driver's license with just an MC + SS card in the married name.

SSA is the tricky one - the POMS permits changing the name via an MC so long as you otherwise qualify (14+ days of legal status qualifying for an SSN, OR an EAD, OR a GC). Many people have had problems doing so with just legal status (nop EAD/GC), but there's nothing in their policies (see the POMS) indicating otherwise.

 

My wife had an SS card, driver's license, and all bank accounts in her married name while still in K-1 status. It took 3 visits to the SSA and bringing the relevant POMS sections, and hauling ### to do it before her I-94 passed the 76 day threshold. But the only thing she needed to update by the time her I-94 expired was her passport.

Edited April 25, 2019 by geowrian