can i change my last name after getting married to USC if i am out of status

[Tanya510 0]

While filing the forms (applying I-130 I-485 concurrentlty ) i faced a problem: i am putting down my maiden name. Can i change my last name if i am out of status, how is it done and how long does it take? or should i change my name when the process of getting GC is over? I would like to get my GC with my new last name on it though)

[Inky 1,110]

Your last name is changed to your married name when you get married. All you do use use your marriage certificate for proof to get your IDs changed. If you want your green card in your married name you file for it in your married name.

[zooch76 9]

Your last name is changed to your married name when you get married.

There's a little more to it than that. Your name doesn't just change - you need to officially change it, I believe with the Social Security Administration. As I am sure you know, many couples keep their separate surnames after marriage (that's what we did).

As for OP, if you have already changed your name, you should use it on the AOS. But it doesn't sound like you have changed it yet, so I wouldn't use it on the forms. I think it would come down to time - would you rather file ASAP to get the ball rolling or wait until your name change is official?

Also, remember that the forms include space for other names that you have gone by. You can include your maiden name, married name, etc there to help avoid any confusion. You can also include a statement on your cover letters if you wish. Whatever you decide to do, I would make sure you are consistent throughout the process.

[Harpa Timsah 13,258]

A marriage certificate is a valid name change document, if you choose to change it. It doesn't automatically change, but you are permitted to start using a different name based on your husband's name if you so wish. If you want to start going by your husband's name, then it is definitely advisable to apply for your GC in your married name - what a great way to eventually show the SS Office that you changed your name! (BTW a marriage certificate also serves this purpose at the SS Office). USCIS is used to this and it's totally fine. Bottom line, if you want to go by married name, apply for your GC in your married name. You can use it on the forms.

[sciencenerd 56]

In Oregon, anyways, you have to let them know you are changing your name and how (spouse's last name or hyphenated) when you apply for the marriage license. If you didn't do this at the time, you'd have to go through the normal name change process through the courts. It sounds like it's not like this everywhere, but the OP may want to look into their state's laws.

[caeremonarius 26]

There's a little more to it than that. Your name doesn't just change - you need to officially change it, I believe with the Social Security Administration. As I am sure you know, many couples keep their separate surnames after marriage (that's what we did).

As for OP, if you have already changed your name, you should use it on the AOS. But it doesn't sound like you have changed it yet, so I wouldn't use it on the forms. I think it would come down to time - would you rather file ASAP to get the ball rolling or wait until your name change is official?

Also, remember that the forms include space for other names that you have gone by. You can include your maiden name, married name, etc there to help avoid any confusion. You can also include a statement on your cover letters if you wish. Whatever you decide to do, I would make sure you are consistent throughout the process.

This doesn't make sense to me. A lot of immigrants getting married here in the states don't have Social Security numbers, so there's no way to "officially change" their name with SSA. My wife didn't have a SSN until after she got her green card.

To the OP: when you fill out your AOS forms, put the name you want to be officially called (using your married name, if that's what you want). That way, the Green Card will be in your official married name. That's what my wife did. She filled out everything with her married name and put her maiden name on any line that said, "other names used," etc. As long as you're consistent, there shouldn't be any problems. As Harpa pointed out, the marriage certificate should serve as the notice of name change for USCIS, SSA, or any other interested parties.

Good luck!

AJ

[Harpa Timsah 13,258]

In Oregon, anyways, you have to let them know you are changing your name and how (spouse's last name or hyphenated) when you apply for the marriage license. If you didn't do this at the time, you'd have to go through the normal name change process through the courts. It sounds like it's not like this everywhere, but the OP may want to look into their state's laws.

You're right. I got married in NY and there was a box to check to change name. However, as I understand it, USCIS (federal laws) uses the marriage cert. as proof of name change, and the SS offices do too. (I have seen a SSA checklist for workers explaining what the permissible combinations were for name change when presented with a marriage cert.) It seems to me that if someone had a GC in a married name then getting a state ID with married name would be easy (even if they hadn't checked the box on their marriage cert). I have also read that most states don't have this check box regarding name change. Anyway, I wonder how these state laws would hold up against federal ones.

Bottom line to the OP: It is fine to use your married name on your AOS application.

[Tanya510 0]

Thank you for your help!!! Now im gonna put my married name on my forms for sure) The thing that made be confused is that none of my documents have my married name. When we got married the marriage certificate didnt have "name change" check. My SSN has my maiden name too. As my husband says it would be better to get GC in my married name so that i can change my last name on SSN easily.

[ionianrain 4]

Hiya

1) Does anyone knows by any chance on I-131 Form do I use our family name or her name? I am asking this because to my eyes I don't understand how they can issue a document such as the Advanced Parole under a name that will be different from the one that she has on her passport (how can it be valid in other words?).

Geee I feel like I am sinking here with all these small details

[NUSHka 0]

While filing the forms (applying I-130 I-485 concurrentlty ) i faced a problem: i am putting down my maiden name. Can i change my last name if i am out of status, how is it done and how long does it take? or should i change my name when the process of getting GC is over? I would like to get my GC with my new last name on it though)

I asked the exact same question yesterday,Im out of status too,I went to the Social Service website and read about the name change-unfortunately u cant change ur last name when u r our of status cause when u go to the social service u have to bring a proof of immigration status...so some people on VJ advised me to file my AOS papers in my new name(my husbands last name),and when I get the green card with the new name on it,then change my passport and my SS card..

p.s. if u wait to do it until u get ur GC it'll cost u $$$$,so better do it with the AOS filing...thats what Im doing

good luck!

Edited March 31, 2011 by NushiCarter

[juliava 80]

I was out of status as well when we got married in VA. When we applied for the marriage license there was no option on the form for the name change.

The clerk told me that if I want to change my name I have to go to a SSA office. To have my name changed I needed to show proof of legal status so I decided to wait until I get my US citizenship so I can change it then for free.

I believe I can do it now as well, but I don't want to pay all that money and wait God knows for how long to get an updated GC.

[A from Philippine 0]

Hi I just want to have your opinion,

I applied my form I-485 & I-765 using my Married name. I just used a Marriage Certificate

now I am applying for I-131 what name should i use in this form... I still have my passport in my Maiden name

Please help me