Questions about Changing the Last Name After Marriage,

[AlexFB1907 2]

Hi everyone

 

My fiance and I are getting married this Wednesday. It is going to be a Zoom wedding (online) !!!

 

She wants to take my last name after the wedding. But there are several issues that we could not resolve. Therefore, we kindly seek your help.

 

First, due to Covid19, social security offices are closed and my fiance could not get a social security number(SSN) yet. Without a SSN, she cannot get a driver’s license either. I know that people change their last names after wedding at the driver’s license office. How can she change the last without a driver’s license?

 

Second, qfter the wedding, we need to file the adjustment of status forms. Should we file for adjustment of status with her current last name or should we wait to change her last name (and I still do not know how we can change her last name because she cannot get a driver’s license)? If we file adjustment of status forms without changing her last name, does this create a problem? That is, do we have to wait until the adjustment of status is completed for her to change the last name? I do not know which option (i.e., change last name or do not change last name) is better option before filing for adjustment?

 

Third, if she changes her last name, can she still use her current foreign passport (with advance parole) ? That is, will US customs officer allow her if she changed her last name after marriage and the new last name does not match the last name in the foreign passport?

 

Thank you for your help.

 

Alex

[portorusa 431]

You can AOS with her married name. This way her combo-card and green card will be in her married name. SSN also (if apply I-765).

Until then she can only use her foreign passport as her ID document (with her maiden name).

The last question, Yes in the future she can travel with her foreign passport and combo-card (or green card) even if the last names do not match. She can always show a copy of her marriage certificate as a proof.

[Crazy Cat 39,256]

1.  The marriage certificate, itself, is a valid name change document. After marriage, she can use it on everything. The driver's license office has no authority to legally change a person's name.

2.  File the Adjustment of Status paperwork in her MARRIED NAME.   Otherwise, you will run into issues.

3.  When you file the I-485 package, you should also file the I-131, I-765 and I-944.  You can request a SSN on the I-765.

4.  She can use her maiden name passport....but she will have to carry a marriage certificate to connect the maiden name and the married name (which will be on the AP document).  But tickets will have to be booked in the name on the passport.

Edited June 22, 2020 by Lucky Cat

[AlexFB1907 2]

40 minutes ago, Lucky Cat said:

1.  The marriage certificate, itself, is a valid name change document. After marriage, she can use it on everything. The driver's license office has no authority to legally change a person's name.

Are you saying that I should have filled out the marriage certificate with her new name? But the county clerk officer told me that I cannot do that

 

40 minutes ago, Lucky Cat said:

2.  File the Adjustment of Status paperwork in her MARRIED NAME.   Otherwise, you will run into issues.

thank you

40 minutes ago, Lucky Cat said:

3.  When you file the I-485 package, you should also file the I-131, I-765 and I-944.  You can request a SSN on the I-765.

thank you

 

4.  She can use her maiden name passport....but she will have to carry a marriage certificate to connect the maiden name and the married name (which will be on the AP document).  But tickets will have to be booked in the name on the passport.

thank you

[Crazy Cat 39,256]

7 minutes ago, AlexFB1907 said:

Are you saying that I should have filled out the marriage certificate with her new name? But the county clerk officer told me that I cannot do that

 

No, I'm not saying that.  I am saying that a legal marriage certificate allows her to use your last name if she wants.  It is a legal name change document.  

[AJ2019 58]

I have a question along the same lines, but I'm the original petitioner and have been thinking about changing name as well (moving my birth/maiden name to middle name and then taking my husband's last name as mine). Not sure, if that works with just a marriage certificate or not? Our current marriage certificate just has my birth/maiden name. However, I'm concerned whether this name change will affect my husband's AOS application that is currently pending with the USCIS in any way? Also, would I have to notify the USCIS after I change my name? Thanks!

[VISBIS 18]

4 hours ago, AJ2019 said:

However, I'm concerned whether this name change will affect my husband's AOS application that is currently pending with the USCIS in any way?

It might since you could end up getting an RFE along the process if there are inconsistencies. I think it’ll be easier for you to get the name change later. As the petitioner, if you do a name change now, you will have to change your name with your employer, DMV, Social security office for starters. And with COVID, it might take forever for you to get these done from these offices.

[AlexFB1907 2]

Thanks everyone for the valuable comments. It seems that when I marry my fiancee, she gets my last name. We do not have to go anywhere to change her last name (because she had no SSN card or driver's license in her maiden name before)

 

I plan to file I-485 using her MARRIED name, as suggested by you. But the intructions on I-485 mentions that "A copy of Government issued identity document with Photograph"  is needed as a supporting document. How can I submit an identity document with her MARRIED last name? We only have her foreign passport (which lists her maiden name) and marriage certificate (which list my name and her MAIDEN name). We do not have any identity card with her MARRIED name.

 

Thank you

 

Alex 

[Greenbaum 12,258]

We changed my wife's name when we got married. Submitted all the paperwork for SSN and began using it for all documents including AOS documents. You do what you can do. A marriage certificate is a legal name change document and doesn't contain a picture and USCIS knows this. Try and not overthink this process but do what it literally says for your answers but use common sense.

Edited June 23, 2020 by Greenbaum

[Greenbaum 12,258]

23 hours ago, VISBIS said:

It might since you could end up getting an RFE along the process if there are inconsistencies. I think it’ll be easier for you to get the name change later. As the petitioner, if you do a name change now, you will have to change your name with your employer, DMV, Social security office for starters. And with COVID, it might take forever for you to get these done from these offices.

It's not easier later. You must hire a lawyer and file papers. Changing your name from the marriage and at the time of marriage is by and a far the best way of doing it. You are already paying to have it changed by way of a marriage license. Besides, it legal to do so, so why not?

[AlexFB1907 2]

14 minutes ago, Greenbaum said:

It's not easier later. You must hire a lawyer and file papers. Changing your name from the marriage and at the time of marriage is by and a far the best way of doing it. You are already paying to have it changed by way of a marriage license. Besides, it legal to do so, so why not?

I am still puzzled by what changing a name entails. You suggest to have "it changed by way of marriage licence" How? There is no option on the marriage certificate to record that she will take my last name after marriage. If you are referring to going to a SS Office, she had no SSN before the marriage, so she cannot update it either. Plus, SS Offices are closed. 

 

[aaron2020 11,651]

2 minutes ago, AlexFB1907 said:

I am still puzzled by what changing a name entails. You suggest to have "it changed by way of marriage licence" How? There is no option on the marriage certificate to record that she will take my last name after marriage. If you are referring to going to a SS Office, she had no SSN before the marriage, so she cannot update it either. Plus, SS Offices are closed. 

 

Google "your state + name change after marriage." 

How?  By operation of law.  The legal code states that a person can use a marriage certificate to change his/her last name to that of his/her spouse.  It doesn't requires an option to "record" the change.  The marriage certificate with both your names allows her to take your last name.  No recording. No nothing because the legal code allows her to take your name based on the marriage certificate with both your names. 

[payxibka 10,044]

To perfect a name change,  you start using the new name everywhere you can

[SalishSea 16,772]

On 6/22/2020 at 4:27 PM, VISBIS said:

It might since you could end up getting an RFE along the process if there are inconsistencies. I think it’ll be easier for you to get the name change later. As the petitioner, if you do a name change now, you will have to change your name with your employer, DMV, Social security office for starters. And with COVID, it might take forever for you to get these done from these offices.

Incorrect.  I am a USC petitioner, and I changed my name immediately after marriage.  Any 'inconsistencies' along the way are easily solved by referencing the marriage certificate, which contains both names.

[Ryan H 3,790]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.