Wife wants to change last name to mine

[troyniss 1]

My wife has been in the USA with her green card for over a year now. 
 

She now wants to change her last name to mine, although I mentioned it was her choice when we initially filed our case. 
 

I’m not sure how I do this or which place to start. We have our marriage certificate from South Korea and all of her documents, but everything is in her maiden name.

 

if this question doesn’t belong here please help and direct me on where to start.

 

thank you

[Ontarkie 13,920]

~~Moved to General Immigration Discussion, from IR1/CR1 P&P - as the OP's wife is already a permanent resident.~~

[Mike E 11,723]

She can try changing her SS card with her marriage certificate and green card but expect to be denied.  If so, she will need a new green card.  Those are taking upwards of 3 years through I-90.  
 

She can try changing her state ID / DL without or without her name changed on her gc and/or SS card. Some state DMVs want both or one.  
 

Changing her name on her passport generally requires starting with the nearest consulate.  
 

I suspect you will both conclude that this isn’t worth it until after naturalization 

[Chancy 6,233]

22 minutes ago, troyniss said:

My wife has been in the USA with her green card for over a year now. 

 

If your wife entered the US with a spouse visa, her legal name in the US is the name on her green card.  Going strictly by SSA and USCIS rules on non-citizens' names on the SSN and green card, she can legally change her name by --

• Petitioning for name change through state court.  Once she has the name change court order, she can present that to request name change on her SSN card, green card, DL; or
• Requesting name change when applying for US citizenship.  Once she has her US naturalization certificate in her new name, she can present that to apply for US passport, SSN card, DL.

Alternatively, your wife may file I-90 to get a new green card with her married name, without submitting a name change court order.  She may get lucky that USCIS will accept her marriage certificate as proof of legal name change, even if this is contrary to the I-90 form instructions that require a name change document dated after the issuance of the existing green card.  In the unlikely case that the USCIS officer who handles her I-90 is strict with the rules, it will just be a waste of filing fee.

 

This is an issue for me too, as I entered the US with a spouse visa in my maiden name.  As @Mike E mentioned above, I concluded that the hassle just isn't worth it now, so I'll just change my name when I naturalize.

 

[Bob in Boston 627]

When we filed my wifes I 485 and 130 we did it all in her maiden name. Got her SSN in maiden name also. After Green card we went and changed her legal name on her SSN, Mass Real ID and kept her maiden name on her immigration documents due to the Passport being in her maiden name and we did not do a report of marriage in the Philippines. Never had a problem and went through I-751 with the 2 names. Come time to Naturalize We put her married name as the Legal name and that is what is printed on her naturalization Cert. Never did an I-90 to get a new green card or change the passport. When she traveled she did so under her maiden name.

[AOSFairfax 111]

I echo what @Bob in Boston said. When I originally filed my case, I filed under my maiden name and my original green card is in my maiden name. I eventually changed it by going to the SS office and then the DMV with my marriage license and green card (with the maiden name) and asked them to update my SS card and DL. No one batted an eye that the green card was in the maiden name. Check your state's laws for what the process to update your name on SS and DL is.

 

I have used my married name in the US to do everything since then (credit cards, take out mortgage etc) When I submitted my ROC, I did so with my married name and provided the maiden name as one of the names previously used. When I travel domestically, I travel with my US REAL ID in my married name. When I travel internationally, I book tickets under my maiden name since my home country passport is in my maiden name. Haven't had any issues whatsoever. Once the 10 year GC is issued, I plan to bring a copy of my marriage certificate every time I fly internationally to prove the person on the passport and the one of the green card are the same. Once I get my US passport, I'll likely just use that to travel internationally.

[Chancy 6,233]

1 hour ago, AOSFairfax said:

I eventually changed it by going to the SS office and then the DMV with my marriage license and green card (with the maiden name) and asked them to update my SS card and DL. No one batted an eye that the green card was in the maiden name. Check your state's laws for what the process to update your name on SS and DL is.

 

SSA is a federal agency and they have their own policies regarding legal names, regardless of state laws.  In your case, it was fortunate that the SSA employee did not follow their own policy and changed your SSN card anyway.  I'm not surprised.  We often hear about SSA employees not knowing SSA policies.

 

Anyway, here's the actual SSA policy regarding non-USCs' names -- https://secure.ssa.gov/poms.nsf/lnx/0110212001

 

RM 10212.001 Defining the Legal Name for an SSN

[...]

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.

 

Based on the above policy, an immigrant who married prior to getting their green card (like me and others who entered the US with a spouse visa) cannot use their marriage certificate as their legal name change document for a new SSN card.

 

[Bob in Boston 627]

1 hour ago, Chancy said:

Based on the above policy, an immigrant who married prior to getting their green card (like me and others who entered the US with a spouse visa) cannot use their marriage certificate as their legal name change document for a new SSN card.

These rules apply for the application of the SSN. There are different policies for name changes after the SSN is issued. That is what we did. We changed all the names after the SSN was issued. Here is SS policy on name changes through marriage;

Effective Dates: 01/04/2012 - PresentPrevious | Next

 

TN 1 (02-10)

RM 10212.025 Evidence of Name Change based on a US Ceremonial Marriage

Accept all marriage documents issued within the 50 U.S. States, Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa.

Generally, all States recognize the validity of opposite-sex marriages performed in other U.S. States. Therefore, when a person marries in one State and applies in another State to change his or her name on the SSA record, assume the marriage is recognized, and accept all marriage documents issued by U.S. States.

The term “marriage records” refers to the original marriage record kept by the official custodian. “Marriage documents” refers to the means by which a marriage record is documented. Marriage certificates, souvenir certificates, and certified copies of marriage records are considered marriage documents and acceptable evidence of a name change. Do not require a certified copy of a State-issued marriage record if a marriage certificate (e.g., original certificate of marriage issued by the entity that performed the marriage) is submitted. For a description of acceptable forms of evidence, see RM 10210.085.

References

• •

  RM 10212.055, Evidence Required to Process a Name Change on the SSN based on Marriage, Civil Union, or Domestic Partnership

[Chancy 6,233]

18 minutes ago, Bob in Boston said:

Here is SS policy on name changes through marriage;

 

The policy I linked above is the policy for legal names on the SSN card, whether new or not.  What you quoted above doesn't override the requirement for non-USCs to have a name change event dated after the issuance of the immigration document.  Here's yet another SSA policy about name change -- https://secure.ssa.gov/poms.nsf/lnx/0110212150

 

RM 10212.150 Name Corrections on the SSN Card

Name correction vs name change on the SSN

A name correction:

• requires an action to show a person’s legal name on the SSN card as defined in RM 10212.001.
• does not require a name change event to have taken place because the Numident does not show a prior legal name,
• includes a subsequent name correction based on a current marriage, civil union, or domestic partnership.

A name change:

• requires an action to show a person’s legal name on the SSN card
• requires a name change event to have taken place because the Numident name is the prior legal name of the number holder. For additional information on name changes, see RM 10212.001.

Note that it repeatedly references policy RM 10212.001 (Defining the Legal Name for an SSN), which I already quoted in my previous comment.

 

Regardless of these policies, someone requesting a name change may get lucky to be served by an SSA employee who doesn't care about the details regarding the date of the name change event.  As I said, I wouldn't be surprised.

 

[Bob in Boston 627]

1 hour ago, Chancy said:

Regardless of these policies, someone requesting a name change may get lucky to be served by an SSA employee who doesn't care about the details regarding the date of the name change event.  As I said, I wouldn't be surprised.

Like I said in my original post, it was easy. All these policies are confusing as hell and seem to contradict each other. I would sugest OP try to do it, if it works great, if not well .... try again after naturalization.

[Chancy 6,233]

17 hours ago, Bob in Boston said:

All these policies are confusing as hell and seem to contradict each other. I would sugest OP try to do it, if it works great, if not well .... try again after naturalization.

 

I agree.  Nothing to lose but a bit of time and effort to go to an SSA office and try.