Surname in EAD

[Anastasia&Jacob 8]

Hello everybody! Need your help. 

I just got the employment work authorization card but my surname there is not changed. When we sent all the documents for the adjustment of status we also sent the marriage certificate where it’s written that I’ve changed my maiden name for my husband’s surname. 

This is how it should be or they have to change it? 

Thank you 

[Crazy Cat 41,981]

In what name did you fill in the I-485, I-765, etc?  Maiden name or married name?

 

[Anastasia&Jacob 8]

2 minutes ago, Lucky Cat said:

In what name did you fill in the I-485, I-765, etc?  Maiden name or married name?

 

I think we did my maiden name cause we thought that a new one is not legal until they give a green card. And also we thought that it’s better to use the name from the passport cause that’s the only official document I had for that moment 

[Crazy Cat 41,981]

3 minutes ago, Anastasia&Jacob said:

I think we did my maiden name cause we thought that a new one is not legal until they give a green card. And also we thought that it’s better to use the name from the passport cause that’s the only official document I had for that moment 

You should have used your married name on all the forms.  The marriage certificate is the legal name change document once married.

Edited June 11, 2020 by Lucky Cat

[Anastasia&Jacob 8]

1 minute ago, Lucky Cat said:

You should have used your married name on all the forms.  The marriage certificate is the legal name change document once married.

Thank you. I didn’t even realize that. Should we do something with that? Is that a mistake we have to change? 

[Crazy Cat 41,981]

15 minutes ago, Anastasia&Jacob said:

Thank you. I didn’t even realize that. Should we do something with that? Is that a mistake we have to change? 

I think @Scandi has experience in this situation, and can probably give you some good information.

Edited June 11, 2020 by Lucky Cat

[Scandi 4,170]

1 minute ago, Lucky Cat said:

I think @Scandi has experience in this situation.

Well, I filled out all the forms in my married name as that was my legal name when I filed for AOS. That's how you do it if you want to take your spouse's name, just like you already pointed out. I was, however, told at my biometrics appointment that they could only see my maiden name in the system and therefore, they said, my EAD/AP and later greencard would come in my maiden name. So I sent a letter to NBC explaining that I definitely didn't want any card or document in my maiden name. To be on the safe side I even got myself an infopass appointment so I got to talk to someone face-to-face. Turned out the infopass appointment was useless and they said they couldn't change anything. 

I was lucky to get an interview for my AOS, it was back when a lot of K-1-ers had their AOS interviews waived. So at the interview, before I even got a chance to raise the name issue, the IO told me he had gotten my letter (that I had previously sent to NBC where my case was at at the time) and he held it up and showed it to me. I thought that letter had gone missing for sure somewhere along the journey, but nope, it was right there on the IOs desk. So he fixed my name in the system, printed my approval letter and asked me to check that the name was spelled right on the paper. It was misspelled with one letter and he changed it quickly. Very easy process, I wish I hadn't worried so much about it, getting an interview for my AOS saved me from having a greencard in my maiden name. 😆

[Mollie09 1,543]

17 hours ago, Anastasia&Jacob said:

I think we did my maiden name cause we thought that a new one is not legal until they give a green card. And also we thought that it’s better to use the name from the passport cause that’s the only official document I had for that moment 

If you didn't use your married name on the forms, you'll have to file an I-90 for the name change and pay for the new GC. Or if you have to do ROC you can wait and do it then.

[Scandi 4,170]

10 minutes ago, Mollie09 said:

If you didn't use your married name on the forms, you'll have to file an I-90 for the name change and pay for the new GC. Or if you have to do ROC you can wait and do it then.

They can have the name changed at the AOS interview. The IO fixes that quickly in the system. 

[Mollie09 1,543]

3 minutes ago, Scandi said:

They can have the name changed at the AOS interview. The IO fixes that quickly in the system. 

I've heard mixed experiences on that, but it's good to know there's another option. Worth a shot, OP!

[Scandi 4,170]

11 minutes ago, Mollie09 said:

I've heard mixed experiences on that, but it's good to know there's another option. Worth a shot, OP!

I have never heard of a case where that was an issue, but obviously I don't know every single case. Changing it after the approval on the other hand, well then yes you'd have to file the I-90 or change name later, for sure.

 

There were several people in our old AOS thread that changed their name at the AOS interview. The marriage certificate is proof of name change, and the IO just corrects the name on the forms at the interview. 

 

The infopass people told me they couldn't change my name, which is ridiculous. But the IO did it just fine in a few seconds. I was very lucky to get an interview back then when most K-1 to AOS interviews were waived. 

 

 

[Anastasia&Jacob 8]

2 hours ago, Scandi said:

I have never heard of a case where that was an issue, but obviously I don't know every single case. Changing it after the approval on the other hand, well then yes you'd have to file the I-90 or change name later, for sure.

 

There were several people in our old AOS thread that changed their name at the AOS interview. The marriage certificate is proof of name change, and the IO just corrects the name on the forms at the interview. 

 

The infopass people told me they couldn't change my name, which is ridiculous. But the IO did it just fine in a few seconds. I was very lucky to get an interview back then when most K-1 to AOS interviews were waived. 

 

 

Thank you so much for your help! 

I guess we will just wait for the interview and ask them about this problem. 

Thank you