Social Security Card Name Change After Marriage Difficulties 2026 Before AOS

[Aquabac 20]

My fiance' arrived in October on a K1 visa and we got her a social security card  in her maiden name.

They issued the card with the following statment :  VALID FOR WORK ONLY WITH DHS AUTHORIZATION
I only mention this to supply all information.
She is NOT trying to work.

 

I was told by Social Security online she needed ID and the marriage cert. That was it ( Yes, I mentioned she was NOT a US citizen and here on a K1 visa)

We made an appointment to change her name after we were married.
 The Clerk asked for the marriage cert and ID
She gave the clerk the marriage  cert and her Filipino passport.
He then wanted to see immigration documentation. 

She gave him the I-94 which had expired Jan 5.
We were married December 5th
He said he could not process the name change because her immigration form was expired.
I explained the  k1 visa required marriage within 90 days which she did and this was the earliest appointment SS had.
I also explained the marriage cert proves she honored the rules of the Visa and either way it was irrelevant because she already had a Social Security card and we were just updating her name change.
He said a social security card does not prove immigration status. I said , I know. This has nothing to do with immigration status.
Simply a name change due to marriage for  her existing social security card.
He repeatedly stated since the I-94 was expired she might be here illegally so he could not change the name.

After further discussion I  decided to leave and do research and make another appointment

 

If you are curious why  we want this done before AOS  we want to  have her social security reflect her new name  and not wait until her AOS because I want to add her to my financial accounts, open a joint checking, get her health insurance, drivers licence etc in her married name.
If I wait until AOS then we have to redo all of those documents and worse new checks  etc 

 

Either way  according to the Social Security website all that is required to change the name is ID and an original marriage certificate.

Attached are screen shots from the Social Security website showing requirements.
 

I have made another appointment at the Social Security Office to try again.
This time I will bring printouts from the Social Security website and argue my position more adamantly.

 

Logic seems to be on my side. But this is the government so logic  may not apply.,
She has a social security card.

She got married and wants to simply change the name on her existing social security card.

NOT CHANGE ANYTHING ELSE ; like the ability to work etc 

 Social Security  website states to change the name she needs  ID and marriage certificate.

NOTHING is stated about immigration status

 

According to the SSA  Program Operations Manual System (POMS) 

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

RM 10212.055 Evidence Required to Process a Name Change on the SSN based on Marriage

 all she needs is her ID and marriage Certificate.

If I am missing something I would appreciate what RM of the SSA POMS shows otherwise.
 

 

Thanks 

 

 

[mam521 2,856]

The SSA are not able to update her card for the exact reason given - her I-94 is expired and they have no way to verify her status.  

 

Your wife entered on a single use K-1 visa.  That is where the I-94 90 day validation came from.  

 

When you married and filed the AOS paperwork, she entered a period of authorized stay, but that's it.  She is in this funny place of limbo where she's allowed to be in the US but does not actually have legal status.  Until a decision is made to offer her legal status, be it work authorization is issued or her permanent residency is granted, you will not be able to change her name.  This is, in part, why many people wait until they naturalize to do the name change.  

[milimelo 4,976]

Yeah, no - they won't change it after I-94 expired. You'll need either a green card or EAD to get it changed. 

[Aquabac 20]

1 hour ago, mam521 said:

The SSA are not able to update her card for the exact reason given - her I-94 is expired and they have no way to verify her status.  

 

Your wife entered on a single use K-1 visa.  That is where the I-94 90 day validation came from.  

 

When you married and filed the AOS paperwork, she entered a period of authorized stay, but that's it.  She is in this funny place of limbo where she's allowed to be in the US but does not actually have legal status.  Until a decision is made to offer her legal status, be it work authorization is issued or her permanent residency is granted, you will not be able to change her name.  This is, in part, why many people wait until they naturalize to do the name change.  

That isn't what the Social security procedures say.
If you have any proof that this is procedure I'd love to see it.
If not, you are merely repeating someone else's opinion or  forming your own .
I posted the procedure according to the SSA themselves.

If there is a contradictory procedure, again, what RM is that?

 

[Aquabac 20]

40 minutes ago, milimelo said:

Yeah, no - they won't change it after I-94 expired. You'll need either a green card or EAD to get it changed. 

why?
According to the procedures I foun   of the SSA that is not required.
If it is there has to be some kind of documented procedure where that is the case.
I know getting accurate information from the government is difficult but what I found  does not state anything regarding immigration status
Why do you feel that what i found on the SSA website is incorrect?

Edited 1 hour ago by Aquabac

[milimelo 4,976]

3 minutes ago, Aquabac said:

why?
According to the procedures I foun   of the SSA that is not required.
If it is there has to be some kind of documented procedure where that is the case.
I know getting accurate information from the government is difficult but what I found  does not state anything regarding immigration status
Why do you feel that what i found on the SSA website is incorrect?

You have to be in a valid status to get it done - pending AOS is not a status - it's a limbo.  EAD card or green card is what you need. 

 

Example - I got a SSN back when I was on J1 visa a long time ago. There was a letter missing in my name as I had it added through court - when I came to visit a friend I went to SSA to see if they can add the missing letter I was turned away as I was now on B1 visa - no status. Only after I immigrated couple years later was I able to make change to my SSA record. 

[mam521 2,856]

Please fill out your timeline: https://www.visajourney.com/timeline/profile.php?id=490235

 

You should probably go back and look at what the entire immigration process looks like.  The instruction you've cited above applies to individuals who are citizens, permanent residents with a valid greencard an/or extension letter or temporary workers with valid work authorization.  Your wife is none of these. 

 

A K-1 visa is technically a non-immigrant visa.  Your then fiancé was inspected and paroled into the US for 90 days.  She had 90 days to marry you and file to adjust status.  Once the I-94 ran out, she entered a period of authorized stay.  That's it.  Nothing more.  She currently has no immigration status. 

 

A SSN is government issued, unique identification number issued to US citizens, permanent residents and ELIGIBLE temporary workers.  Your wife is not a citizen, she is not a permanent resident (yet) and she is not a temporary worker.  She is a visitor who was authorized to enter the USA.  

 

The only reason she was issued the SSN in the first place and the reason it states the restriction of "VALID FOR WITH WITH DHS AUTHORIZATION ONLY" on her card is because the assumption is her status will be verified - that the marriage occurred within the 90 days, that the AOS was filed and that the I-765 was approved.  So technically, her SSN isn't even valid at the moment.  It won't be valid until her case is adjudicated or work authorization is issued.  This is also why it is recommended to file the I-765, irrespective of whether or not the immigrant plans to work.  

 

If you look at what is REQUIRED for a SSN, the SSA clearly states they will verify immigration status.  The only way a SSN will be given outside of immigrant status is if the applicant has work authorization.  Your wife does not have any immigration status at the moment.  She has an active application to adjust status.  It hasn't yet been adjudicated. You didn't state whether you even filed an I-765, but based on the comment "she is NOT trying to work" and no mention of work authorization, it is assumed not.  

 

Please read ALL of the following after selecting adult, corrected, non-citizen on the left side of the page, paying close attention to the blue note box toward the bottom: https://www.ssa.gov/ssnumber/ss5doc.htm 

 

Noncitizens: https://www.ssa.gov/pubs/EN-05-10096.pdf

 

Until all conditions are met, the SSA will not update her card.