AoS and Last name - Virginia

[Spardasa 78]

So my fiancee and I will be getting married in Virginia tomorrow.  On their marriage licenses, it does not allow you to place the intending new  surname for the fiancee.  They told us that we could get our marriage certificate amended once we changed her name on Social Security.  We did apply about 2 weeks ago for her social security number.  Once we receive it, would we be able to change her name on it?  We still have 2 months 'left' on her K1 visa.

 

If not, for AoS paperwork, can I place what she'd like her new name to be, or what?  I'm a little confused.

[Ben&Zian 4,397]

If it becomes a hassle, you don't have to do a surname change. We didn't and had no issues. Later on after the AOS process you could change it legally. Just an idea.

 

Also she has time "left" on her I-94. The K-1 visa was voided upon her entry.

[Spardasa 78]

I guess my biggest question is, can we send the AoS in with my surname in place of hers, even though Virginia marriage license doesn't list a spot to do that? Or does everything need to match exactly on the marriage license.

 

  Thanks for the correction

 

[K1visaHopeful 2,662]

Her new name does not have to appear on your marriage certificate at all. Your surname appearing on it is enough for her to legally be allowed to use your surname as her new married surname as your MC is a legal name change document.

You do not need to get it amended. Whoever told you that is clueless and doesnt understand the name change process for immigrants and the name change process in general and should not be working for a government agency. You also can rarely change your SSN name until after you receive your EAD or GC. You can try but SSA usually requires the SSA application name to match what's on file with DHS. 

 

Apply for the AOS application forms in her new married name and provide the MC that has your surname on it as proof. Once she receives her EAD or GC in the new married name you can change everything else.

[Cyberfx1024 7,978]

45 minutes ago, Spardasa said:

So my fiancee and I will be getting married in Virginia tomorrow.  On their marriage licenses, it does not allow you to place the intending new  surname for the fiancee.  They told us that we could get our marriage certificate amended once we changed her name on Social Security.  We did apply about 2 weeks ago for her social security number.  Once we receive it, would we be able to change her name on it?  We still have 2 months 'left' on her K1 visa.

 

If not, for AoS paperwork, can I place what she'd like her new name to be, or what?  I'm a little confused.

This is actually quite common across the USA, I know NC is the same way as way. You can get the marriage license in her maiden name then use that document to change the name on her SSN. You can then do AOS in the married name as well. There is no need to go back and to change the marriage license at all. You are just making things harder for yourself if you do that when there is no need to do it. 

[Spardasa 78]

37 minutes ago, K1visaHopeful said:

Her new name does not have to appear on your marriage certificate at all. Your surname appearing on it is enough for her to legally be allowed to use your surname as her new married surname as your MC is a legal name change document.

You do not need to get it amended. Whoever told you that is clueless and doesnt understand the name change process for immigrants and the name change process in general and should not be working for a government agency. You also can rarely change your SSN name until after you receive your EAD or GC. You can try but SSA usually requires the SSA application name to match what's on file with DHS. 

 

Apply for the AOS application forms in her new married name and provide the MC that has your surname on it as proof. Once she receives her EAD or GC in the new married name you can change everything else.

Alrighty makes sense to me!  It had me a little confused while there about the name change.  USCIS historically won't have a problem if on the AoS paperwork we list her name as First Name - Her Maiden Name as the new middle name - My Surname as the new last name? 

[geowrian 22,335]

Just now, Spardasa said:

USCIS historically won't have a problem if on the AoS paperwork we list her name as First Name - Her Maiden Name as the new middle name - My Surname as the new last name? 

I'd suggest checking permissible name changes due to marriage in your state. Not all permit changing the middle name along with the surname AFAIK.

[Spardasa 78]

8 minutes ago, geowrian said:

I'd suggest checking permissible name changes due to marriage in your state. Not all permit changing the middle name along with the surname AFAIK.

Checking online, Virginia is fine with the maiden name becoming middle name.  We actually reside in Tennessee (nice part of living near the border since Virginia is cheaper on the marriage license than Tennessee).

[Alisa_ 22]

On 5/2/2019 at 1:26 PM, Spardasa said:

I guess my biggest question is, can we send the AoS in with my surname in place of hers, even though Virginia marriage license doesn't list a spot to do that? Or does everything need to match exactly on the marriage license.

 

  Thanks for the correction

 

Hey there, I’m from Virginia

When I filed AOS I just put my husbands  last name in all the forms, got EAD with the new one so no problem with that

I did get new SSN before my I-94 expired, to have a new card with the new last name  but actually that was completely unnecessary, I just didn’t know I’d get one with my EAD 😏