Different Name on SSN and GC

[silviafini 4]

Hi, 

My name is S A and that is what's written in all of my documents. I just got my green card a few months ago. I wish to have my husband last name so my name becomes S A M. My green card expiry date is February 2031. If I change the name in my SSN and DL to S A M (my state allows me to get DL with a new name even if my GC is in different name as long as I have proof of name change and new name in SSN), and keep my GC and passport in my maiden name, would that be a problem for work or traveling or is that against the law by USCIS? I have done my research for weeks and still can't find an answer. 

 

I might change my passport name to a new name in a few years (it's a complicated process to change name in my country and also I need to attend court in my country for it) so I will eventually change my green card to my new name when it expires. As of now I haven't decided to naturalize yet as my country doesn't allow dual citizenship for adults and me and my USC husband wants to retire there. 

 

Any help would be greatly appreciated. Thank you in advance. 

Edited July 9, 2021 by Ontarkie
edited out Personal name

[Mike E 11,723]

42 minutes ago, silviafini said:

I just got my green card a few months ago. I wish to have my husband last name […] My green card expiry date is February 2031. If I change the name in my SSN and DL to […] (my state allows me to get DL with a new name even if my GC is in different name as long as I have proof of name change and new name in SSN),
and keep my GC and passport in my maiden name,

 

First problem is that I do not believe the SSA will issue you a new SS card with a last name that is different from the last name on your green card.  
 

42 minutes ago, silviafini said:

 

would that be a problem for work or traveling or is that against the law by USCIS? I have done my research for weeks and still can't find an answer. 
 

USCIS won’t care what name you use on your passport until you have a reason to share your passport with USCIS.  In that situation USCIS will want to see your lawful change of name document.  This will happen to be your marriage certificate.  
 

42 minutes ago, silviafini said:

 

Any help would be greatly appreciated. Thank you in advance. 

The other issur is that to change your name on your SS card you will have to mail in your green card.  
 

After SSA loses your green card you won’t have a green card until you replace it by filing an I-90 at your expense (your expanse because by law you have to keep your green card with you at all times, and as far as USCIS is concerned it is your fault for obeying an illegal SSA policy).  

[JeanneAdil 6,201]

the easier way to make the name change is thru your naturalization process in 3 years (minus 90 days) from you 2/ 21 entry

u can ask for the name change on the application papers and  immigration will do so 

then do the SS card ,  the driving license ,  and get your US passport

[Mike E 11,723]

1 hour ago, JeanneAdil said:

the easier way to make the name change is thru your naturalization process in 3 years (minus 90 days) from you 2/ 21 entry

u can ask for the name change on the application papers and  immigration will do so 

then do the SS card ,  the driving license ,  and get your US passport

Name changes through naturalization will delay the oath ceremony.
 

Married  women in every state can take their spouse’s surnames anytime. So it would be easiest to wait after naturalization to do the name change as this won’t require USCIS involvement.  
 

But this is moot as OP has indicated she doesn’t want to naturalize.  

Edited July 9, 2021 by Mike E

[Ontarkie 13,917]

~~Personal information has been edited out. Please do not post any personal information as anyone can read VJ and some with not so good intentions.~~

[JeanneAdil 6,201]

2 hours ago, Mike E said:

Name changes through naturalization will delay the oath ceremony.
 

Married  women in every state can take their spouse’s surnames anytime. So it would be easiest to wait after naturalization to do the name change as this won’t require USCIS involvement.  
 

But this is moot as OP has indicated she doesn’t want to naturalize.  

it didn't delay the ceremony we had as the judge doing the process announced the name changes and the documents were presented '

the one girl that i was familiar with interviewed same day as my husband and took oath same day as him

[Mike E 11,723]

14 hours ago, JeanneAdil said:

it didn't delay the ceremony we had as the judge doing the process announced the name changes and the documents were presented '

the one girl that i was familiar with interviewed same day as my husband and took oath same day as him

Do you believe your experience is the norm?

 

If so, would you at least concede there is a signifischt possibly of delay? 

 

Do you dispute the following? 
 

And etc.  

 

https://www.google.com/search?q=naturalization+oath+delay+due+to+name+change+site.visajourney.com&rlz=1CDGOYI_enAT607US608&hl=en-US&ei=GFfpYPLlGMbh-gTShrmYDg&oq=naturalization+oath+delay+due+to+name+change+site.visajourney.com&gs_lcp=ChNtb2JpbGUtZ3dzLXdpei1zZXJwEAM6BwgAEEcQsAM6BQghEKABOgUIIRCrAjoHCCEQChCgAUoECEEYAEoECEEYAFCDowFYpcICYNTMAmgCcAF4AIABmQKIAdAZkgEGNC4xNS40mAEAoAEByAEIwAEB&sclient=mobile-gws-wiz-serp

Edited July 10, 2021 by Mike E

[Chancy 6,233]

On 7/9/2021 at 6:30 PM, silviafini said:

My name is S A and that is what's written in all of my documents. I just got my green card a few months ago. I wish to have my husband last name so my name becomes S A M.

 

You will need a name change court order from your state for SSA to accept a name change in your case.  SSA will not accept your marriage certificate as your legal name change document because it pre-dates the issuance of your GC.  Here's the relevant SSA policy for your reference -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212001

 

"A foreign-born person’s legal name is the name shown on his or her immigration document (includes hyphens and apostrophes).  The only time you may process an SSN application in a name that does not agree with the name shown on the immigration document is if the person legally changed his or her name after the immigration document is issued. In these situations, the legal name is the name shown on the evidence of the name change."

 

[Chancy 6,233]

On 7/9/2021 at 7:23 PM, Mike E said:

USCIS will want to see your lawful change of name document.  This will happen to be your marriage certificate.

 

OP's profile indicates she entered with a spouse visa.  Marriage certificate is likely not going to be accepted as a valid name change document in her case because her wedding pre-dates the issuance of her GC.  The I-90 form requires evidence that the name was legally changed since the GC was issued.  OP will need a name change court order if she wants to change her name on her GC (and/or her SSN card).

 

[silviafini 4]

Thank you to everyone that took time to answer my question. Your answers are really helpful. What I probably should have also said in the post, is that I am still doing more research on this, and it may take another year or two for me to do it.

 

On 7/9/2021 at 4:23 AM, Mike E said:

 

First problem is that I do not believe the SSA will issue you a new SS card with a last name that is different from the last name on your green card.  
 

USCIS won’t care what name you use on your passport until you have a reason to share your passport with USCIS.  In that situation USCIS will want to see your lawful change of name document.  This will happen to be your marriage certificate.  
 

The other issur is that to change your name on your SS card you will have to mail in your green card.  
 

After SSA loses your green card you won’t have a green card until you replace it by filing an I-90 at your expense (your expanse because by law you have to keep your green card with you at all times, and as far as USCIS is concerned it is your fault for obeying an illegal SSA policy).  

Noted and again thank you for taking time to share this information with me. I actually was planning to go to court to change my name and try to go to SSA first before anything else. If they won't allow, then of course I would not continue with this process as I wouldn't be able to. If they want me to mail in my green card, I probably will not do this. I may not have an updated information because as far as I know I would have to bring it and show it to them in the SSA, of course, after everything is back to normal again (after the pandemic).

 

On 7/9/2021 at 6:43 AM, JeanneAdil said:

the easier way to make the name change is thru your naturalization process in 3 years (minus 90 days) from you 2/ 21 entry

u can ask for the name change on the application papers and  immigration will do so 

then do the SS card ,  the driving license ,  and get your US passport

That does seem much easier, only problem is that I do not wish to lose the citizenship of my country of origin, in which according to the law in my country of origin, I would lose it if I take another country's citizenship (in this case the US). But thank you for your kind comment.

 

On 7/11/2021 at 11:54 AM, Chancy said:

 

You will need a name change court order from your state for SSA to accept a name change in your case.  SSA will not accept your marriage certificate as your legal name change document because it pre-dates the issuance of your GC.  Here's the relevant SSA policy for your reference -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212001

 

"A foreign-born person’s legal name is the name shown on his or her immigration document (includes hyphens and apostrophes).  The only time you may process an SSN application in a name that does not agree with the name shown on the immigration document is if the person legally changed his or her name after the immigration document is issued. In these situations, the legal name is the name shown on the evidence of the name change."

 

Thank you for the link. Correct, my marriage certificate predates my green card issuance because I entered with spouse visa (IR-1) and I did not change my name before then. When I'm ready to go with all the process, I will definitely go get the court order for name change.

 

 

[NinaRose 3]

Hello Silfiani,

I will share with you how I changed my name on GC, SSN, and DL. 

1. When I applied to remove my conditional residence (form I-751), I attached my marriage certificate and a cover letter stating that we would like to use our last name on my 10 year GC. I received NOA1 with my new name.

2. Update my name on SSN by submitting NOA1 with new name and GC with old name. I did go to SSA office to bring all document they required including the update name form, because I was worried I might lose my documents in the mail. 4 weeks later I received a new SSC same number with new name. This service is free of charge

3. I went to DMV office to update my name, submitting marriage certificate, NOA1, and SSC. I received a new DL with my new name on the same day. 

 

[Chancy 6,233]

2 hours ago, NinaRose said:

1. When I applied to remove my conditional residence (form I-751), I attached my marriage certificate and a cover letter stating that we would like to use our last name on my 10 year GC. I received NOA1 with my new name.

 

Thanks for sharing your experience!  Unfortunately, using the I-751 NOA1 is not an option for the OP's name change as she already has a 10-year GC.

 

[NinaRose 3]

15 hours ago, Chancy said:

 

Thanks for sharing your experience!  Unfortunately, using the I-751 NOA1 is not an option for the OP's name change as she already has a 10-year GC.

 

Happy to share! 😊 Yeah I noticed that too she has 10 year GC as she entered the country with IR1. My point on step #1 is to update her GC first then SSC. She might be able to update her name by filling  form I-90, explain everything in a cover letter why she wants to change her name and don't forget to attach  marriage certificate. Hope this helps, if doubt contact local immigration attorney. Sending love😍!