Changing Last Name On Social Security Card

[catnap 15]

Hi! It's my first post here and just wanted to see if anyone experienced the same situation.

 

I came to America originally on F1 student visa. Got married to my college sweetheart and we applied for green card. I tried to go to social security office to change my last name to my married name, but the officer refused to change it, saying that we need to wait for my green card to arrive before I can change my name? So.. ok... waited until the 2-year green card came, and changed my last name successfully.

 

Now, unfortunately, marriage is not working out and we are going through a divorce and I have to file I751 to remove conditions. I will be filing in my maiden name. Will I have the same problem again?? Does this mean I cannot change my last name back (at SSO) until the whole process is over?

 

My lawyer says I can change but i'm not 100% convinced. Wanted to ask so I don't waste a trip to the SSO. Thanks in advance!!  

Edited March 23, 2021 by catnap

[KULtoATL 1,551]

I may be wrong but I'm sure someone will say so...

 

If your 2-year GC is in your married name (unless it's been changed back already), then you probably still need to file ROC/I-751 in your married name and list your maiden name under other name used. However, you can change your name for free during N-400/citizenship stage i.e. revert back to your maiden name. SSA will not change the name on your SSN unless you can provide a divorce decree, certificate of naturalization or name change court order. See the screenshot.

Edited March 24, 2021 by KULtoATL

[catnap 15]

5 minutes ago, KULtoATL said:

I may be wrong but I'm sure someone will say so...

 

If your 2-year GC is in your married name, then you probably still need to file ROC/I-751 in your married name and list your maiden name under other name used. However, you can change your name for free during N-400/citizenship stage i.e. revert back to your maiden name. SSA will not change the name on your SSN unless you can provide a divorce decree, certificate of naturalization or name change court order. See the screenshot.

Thank you for responding! Yeah, I guess my question is, can I change my last name on my social security card when I receive my final divorce decree? Or must I wait till my I751 is done? The last time, they didn't accept my marriage certificate to change my last name to married name. They wanted me to wait for my 2 year green card because "the documents must match", according to the SS officer.

Edited March 24, 2021 by catnap

[HRQX 4,145]

15 minutes ago, KULtoATL said:

then you probably still need to file ROC/I-751 in your married name

Not if the divorce decree also includes a "name-change order." If the name is legally changed back, then must use the legal name on Form I-751.

1 hour ago, catnap said:

I will be filing in my maiden name.

When exactly is your filing window if you file with the US citizen?

 

After the divorce is finalized you can file with divorce waiver "at any time after you are granted conditional resident status and before you are removed from the United States." https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

Edited March 24, 2021 by HRQX

[catnap 15]

3 minutes ago, HRQX said:

Not if the divorce decree also includes a "name-change order." If the name is legally changed back, then must use the legal name on Form I-751.

When exactly is your filing window if you file with the US citizen?

August. So I still have some time to finalize the divorce. I will be including the name change order.

[KULtoATL 1,551]

2 minutes ago, HRQX said:

Not if the divorce decree also includes a "name-change order." If the name is legally changed back, then must use the legal name on Form I-751.

That is true. If the divorce is actually finalized before ROC is filed, then maiden name (that's reverted to) should be the legal name on the I-751 form.

[KULtoATL 1,551]

12 minutes ago, catnap said:

Thank you for responding! Yeah, I guess my question is, can I change my last name on my social security card when I receive my final divorce decree? Or must I wait till my I751 is done? The last time, they didn't accept my marriage certificate to change my last name to married name. They wanted me to wait for my 2 year green card because "the documents must match", according to the SS officer.

Whatever the SSA officer said previously, it is still true in this situation for the next name change. 10-year GC with maiden name + divorce decree = name match = SSN with maiden name All the best!!!

[Ayrton 965]

12 hours ago, catnap said:

Hi! It's my first post here and just wanted to see if anyone experienced the same situation.

 

I came to America originally on F1 student visa. Got married to my college sweetheart and we applied for green card. I tried to go to social security office to change my last name to my married name, but the officer refused to change it, saying that we need to wait for my green card to arrive before I can change my name? So.. ok... waited until the 2-year green card came, and changed my last name successfully.

 

Now, unfortunately, marriage is not working out and we are going through a divorce and I have to file I751 to remove conditions. I will be filing in my maiden name. Will I have the same problem again?? Does this mean I cannot change my last name back (at SSO) until the whole process is over?

 

My lawyer says I can change but i'm not 100% convinced. Wanted to ask so I don't waste a trip to the SSO. Thanks in advance!!  

The officer gave you the wrong information when you first tried to change to your married name. You didn't need to wait for the Green Card to update your name on the card. The marriage certificate was the only required document to prove the name change. And to prove status, you could've sent a visa or something else that had the maiden name and was issued before the date of the marriage (as long you were still under that status).

 

After saying that, the same applies to your divorce. After your divorce is finalized, the divorce decree is enough to change your name back to your maiden name.

 

For ROC though, if you still don't have a divorce decree, you must file as married and then switch to a divorce waiver when the divorce is finalized. If you file before, your married name should be in the form. If you file after the divorce is finalized, then you use your maiden name.

Edited March 24, 2021 by Ayrton

[catnap 15]

2 hours ago, Ayrton said:

The officer gave you the wrong information when you first tried to change to your married name. You didn't need to wait for the Green Card to update your name on the card. The marriage certificate was the only required document to prove the name change. And to prove status, you could've sent a visa or something else that had the maiden name and was issued before the date of the marriage (as long you were still under that status).

 

After saying that, the same applies to your divorce. After your divorce is finalized, the divorce decree is enough to change your name back to your maiden name.

 

For ROC though, if you still don't have a divorce decree, you must file as married and then switch to a divorce waiver when the divorce is finalized. If you file before, your married name should be in the form. If you file after the divorce is finalized, then you use your maiden name.

Good to know thank you!! Yes, I was on F1 OPT at that time. Brought my EAD (with maiden name) along with my marriage certificate and he refused to change my name. I think sometimes it depends on the person you get that day too...  Looks like I will just go down after my divorce is finalized and hopefully I will get someone helpful. 

Edited March 24, 2021 by catnap

[Huckleberry&Koala 184]

36 minutes ago, catnap said:

Good to know thank you!! Yes, I was on F1 OPT at that time. Brought my EAD (with maiden name) along with my marriage certificate and he refused to change my name. I think sometimes it depends on the person you get that day too...  Looks like I will just go down after my divorce is finalized and hopefully I will get someone helpful. 

It definitely depends on the officer, it is important to go to ss office with your rights and knowledge since some officers may not know what to do. When I first arrive with K1, ok immediately got my ss card with my maiden name, and didn't have problems whereas some people had problems getting ss card with K1 before getting married. I changed my card to my married name without the need of waiting my gc and marriage certificate was enough to do so. I believe for your situation, divorce decree should be enough. Here is the link for what documents you'll need:

 

https://www.ssa.gov/ssnumber/ss5doc.htm

 

If officer won't process your request, you can show him/her you have all documents that ssa requests, and if he/she still won't do so, then you can demand to talk with the supervisor.

[Chocobo 196]

Just wanted to add a little info on updating your driver's license with the name change.  Each state has their own laws but mine for example (Illinois), we are required to update our license with 10 days of updating our name with SSN.  Whenever you do decide to make the change, check your state's requirements and if the DMVs are open so that you can update your DL as well.  Our DMV's are all messed up due to COVID.