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Posted

Hi All!

My wife recently emigrated to the US to Florida specifically. At our Clerk of Court we were only given to option to execute our marriage license/certificate using our original legal names, with no means to change her name on the license or certificate. We are getting a lot of conflicting information about how to move forward with the name change and continue with the AOS documentation. The Clerk of Courts tells us we need to visit the Social Security office but all of them are closed and impossible to get appointments in our area.

We have heard that it is possible to complete the name change by executing the I-485 (and other AOS related documents) with the name we want to change to and list her legal name as other names used. We've also heard that we would receive her Social Security card in her new name and work permit etc. in her new name.

Can anyone verify if this is accurate for the state of Florida? As mentioned, the Clerk is telling us to go to Social Security, but everyone else is stating they did their name change through these other methods. 

 

Thanks for any help you can provide!

Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

After marriage, you can just enter the new, married name on immigration documents.  A valid marriage certificate is a legal name change document in most states.  For immigration, you can use any combination of the names on the marriage certificate. 

 

https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

image.thumb.png.6daf5b59d2d7e39b99b6fe25698cb7c4.png

Edited by Crazy Cat

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Posted
46 minutes ago, Crazy Cat said:

Just to clarify, we have a marriage certificate with both of our original names. Her name on the marriage certificate is her original name, we were not given the option of changing her name without involving Social Security. So that is where the confusion is, we have a marriage certificate with both of our original names and are unsure of what to do next. 

 

 

After marriage, you can just enter the new, married name on immigration documents.  A valid marriage certificate is a legal name change document in most states.  For immigration, you can use any combination of the names on the marriage certificate. 

 

https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

image.thumb.png.6daf5b59d2d7e39b99b6fe25698cb7c4.png

 

Posted

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

On 3/28/2022 at 2:32 PM, Aaron & Natalia said:

we have a marriage certificate with both of our original names. Her name on the marriage certificate is her original name, we were not given the option of changing her name without involving Social Security.

 

In many jurisdictions in the US, the marriage certificate will only list the bride's maiden name, never their new married name.  Even so, the marriage certificate still serves as proof of legal name change for K1 visa holders.  What the clerk of court said about needing to visit the SSA office applies to USCs or LPRs who already have their SSN before getting married.  The country clerk was likely not familiar with processes applicable to people adjusting status from K1.

 

In your wife's case, enter her new married name on her I-485, I-765, and other immigration forms.  Under the "Other Names Used" section, enter her maiden name.  Select the option in the forms to apply for SSN.  Your wife's EAD/GC will be issued in the name listed on her I-765/I-485.  The name on her SSN card will be the name on her EAD/GC.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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