What name to file under?

I

Ivan3749

Registered Users (C)
Hello all,

We are in the process of filing for a Family Based Green Card.

I am a student on a F-1 Visa and my now wife is a US Citizen.

We got married in early December 2012 here in the US. As part of the marriage license, she changed her last name (to mine).

However, we've been so busy with the wedding (reception was in January) and school that she hasn't really done all the paperwork to change her name in all her documents (social security, driver's license, passport, etc.).

The question that we have is whether or not we should go ahead and file already or if we should wait until she has changed her name in all her documents? If we do file right now, should she fill up her NEW name in all of the forms or use her maiden name?

Thanks for the help in advance!
 
I think you should go ahead and file. The marriage license can be proof of the name change. She should use her new name.
 
The DMV probably and SSA won't accept the name changes until she has a new F-1 visa, EAD, or green card with the new name.

The options are:
1. File the green card paperwork with her maiden name: Keep everything else in her maiden name until the interview. At the interview, ask for the green card to be printed with her married name. After the green card is received, use it and the marriage certificate to facilitate name changes on the driver's license, SS card, passport etc.

or

2. File the green card paperwork with her married name: She will have to bring the marriage certificate to fingerprinting, because the name on the fingerprint notice won't match her ID at that time. After receiving the EAD with her new name she can use it to change her driver's license and SS card, however there's not much value in doing that before green card approval because the new driver's license will probably be limited to a year or two since she's not yet a permanent resident. And if she visits the SSA to request a new card before green card approval, after green card approval she'll need to visit the SSA again anyway to remove the employment restriction wording from the SS card and let the SSA know of her permanent resident status.
 
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