Jump to content
lightstream

Name Change (First name and Last name) SSA and AOS

7 posts in this topic

Recommended Posts

Posted (edited)

Just ran into a problem. Everywhere I looked including local government websites and SSA's website, it says that once we marry, we can change the spouse's name on the marriage certificate and use that as the legal way to change her name and use the marriage certificate as proof of new name when applying for adjustment of status.

 

We decided to change my spouses name from (example) Jung Tee Yu to Sarah Jung Tee Yu to include her American name. No change in her surname to match mine.

 

We went to SSA to show them our marriage certificate for a name change and they said they cannot change her first name. They can only change the last name for a marriage certificate. I dug deeper for an answer and have confirmed that this is true based on the SSA Operations Manual here.

 

The problem is now I've applied for AOS with her new name and I can't update the SSN's name with just the marriage certificate.

 

I'm looking for guidance as to what we should do next. 

 

Also will USCIS reject my AOS application?

 

Edited by lightstream

I-129F Sent :    2018-08-31
I-129F NOA1 :    2018-09-14

Share this post


Link to post
Share on other sites

USCIS may reject your application. Marriage certificate is a proof of name change when one spouse takes the surname of the other. Your wife is changing her first name and marriage or marriage certificate has nothing to do with. Once USCIS doesn’t see any evidences of name change, it may reject it. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
Posted (edited)
22 minutes ago, arken said:

USCIS may reject your application. Marriage certificate is a proof of name change when one spouse takes the surname of the other. Your wife is changing her first name and marriage or marriage certificate has nothing to do with. Once USCIS doesn’t see any evidences of name change, it may reject it. 



This. ^

At the end of the day when they pull her alien number and bring up her file, her first name won't match anything else in the file and they will most likely deny it. BEST case scenario they could RFE asking for proof of legal name change through the courts, but I don't even see them accepting it as a complete accurate application.

Edited by Ash.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Share this post


Link to post
Share on other sites

If it is denied, will they still charge me? The filling fee in total for AOS, AP, EA was around $1225 (all using the new name).

 

Will this hurt our chances of getting an AOS or we just need to reapply?

 

Hoping the worst case is I'm down $1k and we just need to apply again.


I-129F Sent :    2018-08-31
I-129F NOA1 :    2018-09-14

Share this post


Link to post
Share on other sites

If denied, you will lose the fee.

If rejected, you won’t be charged. Hope for the latter.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...