Name Change or Not

B

bhartiya_12

Registered Users (C)
Here is the scenario:

getting citizenship soon. Plan on getting married to a f1 holder after oath and then file for her GC. I am wondering if getting her name change done before filing for the GC is a better idea or should we wait for the whole GC process to be done and then get her name changed.

Does anyone have an idea on how long does name change take in the Indian consulate? Also she has an EAD (F1-EAD). Will we have to get a new EAD if and when we go for the name change or can she use the name changed in the passport and marriage certificate to use the F1-EAD for getting job?

Thanks
 
Getting one's name changed at the time of marriage is much easier than doing it later. That way the GC is issued in one's married name.

The Indian consulate treats a name change the same as the application for a new passport. Time should be about 4 weeks - check with your local consulate. Your future spouse does not need to change her name in her passport before applying for a GC. In fact, she can travel with a passport in her maiden name and a GC in her married name, as long as she has a copy of the marriage certificate.

When your future spouse applies for the GC, she gets a new EAD, and the old OPT EAD is no longer valid. It should be fine to use her passport, marriage certificate and F-1 EAD to start working.
 
mrs_s said:
Getting one's name changed at the time of marriage is much easier than doing it later. That way the GC is issued in one's married name.

The Indian consulate treats a name change the same as the application for a new passport. Time should be about 4 weeks - check with your local consulate. Your future spouse does not need to change her name in her passport before applying for a GC. In fact, she can travel with a passport in her maiden name and a GC in her married name, as long as she has a copy of the marriage certificate.

When your future spouse applies for the GC, she gets a new EAD, and the old OPT EAD is no longer valid. It should be fine to use her passport, marriage certificate and F-1 EAD to start working.
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Depends actually on where you reside. People have succeeded changing upon marriage. I didn't. I already had a SS card and the 1st place, all I needed was a name change. I started at the SS office. They wouldn't change my name, they told me I have to start my name change with immigration :confused: I went back another day thinking the clerk didn't know what he was talking about... but I got the same response again. Without a name change on my SS card, I couldn't head to the DMV.
 
Go through the process, when you have the interview, your wife should ask to the officer that she wants to change her name, so they can send her greencard with her new name. Easy !!!!
 
jupiter07 said:
Depends actually on where you reside. People have succeeded changing upon marriage. I didn't. I already had a SS card and the 1st place, all I needed was a name change. I started at the SS office. They wouldn't change my name, they told me I have to start my name change with immigration :confused: I went back another day thinking the clerk didn't know what he was talking about... but I got the same response again. Without a name change on my SS card, I couldn't head to the DMV.
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How did you change your name in the first place? Through marriage? Did you get the authorities who handled the marriage to issue a name change order? If you don't get that name change document, other government agencies won't always readily accept the marriage certificate by itself as evidence of a legal name change.
 
the only official docs she has here are

passport, F1 visa, F1-EAD, NY state learners permit. So can she request a name change when we get married here in court?
 
bhartiya_12 said:
She does not have a SS card yet so hopefully that would help.
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For noncitizens applying for their first SS card, the card can take a long time (months) to arrive, so she should apply for one right now, rather than waiting for the green card process. As an F-1 student she is eligible for an SSN, to work on campus, or off-campus in OPT.
 
bhartiya_12 said:
the only official docs she has here are

passport, F1 visa, F1-EAD, NY state learners permit.
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She has EAD but no SSN??? Why? Or is it that she is just waiting for the physical SS card, after having already applied some time ago?
So can she request a name change when we get married here in court?
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Depends on the procedures in the jurisdiction where the marriage takes place. In some, they allow incorporating a name change into the marriage process and will issue an official name change order in addition to the marriage certificate. In others, the name change would have to be done as a separate legal act.
 
It is very common for married women to wait all the way until citizenship before changing their name, just to avoid delays with immigration and other problems. Maybe you don't want to wait that long, but if the name change is going to be done, it is better to do it entirely before beginning the green card process, or entirely afterwards, rather than doing it in the middle and causing delays.
 
One more time..... wait for the interview and tell the officer to change the last name ... when she got the green card with her name changed, she can change it in the other documents.
 
alimar said:
One more time..... wait for the interview and tell the officer to change the last name ...
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That's assuming there was a legal name change done (whether it occurred as part of, or after the marriage process) before the interview. The officer will want evidence that she actually has the new name, and probably won't agree to request the new name on the card if there is no name change document, or at least something like a passport that bears the new name.
 
Jackolantern said:
How did you change your name in the first place? Through marriage? Did you get the authorities who handled the marriage to issue a name change order? If you don't get that name change document, other government agencies won't always readily accept the marriage certificate by itself as evidence of a legal name change.
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I have read people on this site walking into the SS office to change their name and they received their new SS card with their new name. I started a thread some time about this name change and several pple responded so.

The SS office did not tell me to obtain a doc. from I don't know where to have the change my name. They told me to go to the immigration and change my name there first. Immigration will do a name change by filing I-90 but you have to be a PR first.

Others advised to ask your GC to be issued in your new name. Others waited for around 3 wks to get their name changed, but most of them were first timers. Give it a try, it may work for you. There is a lady from Chicago who wrote that she walked into SS office and after about 4 received her new SS card in the mail. Good Luck! I will see what happens at my interview and proceed from there.
 
Jackolantern said:
That's assuming there was a legal name change done (whether it occurred as part of, or after the marriage process) before the interview. The officer will want evidence that she actually has the new name, and probably won't agree to request the new name on the card if there is no name change document, or at least something like a passport that bears the new name.
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Someone requested that GC be issued in a new name and it worked! Read that on this site. Alternatively you can wait for your GC and file I-90 (not sure it's called so) for a name change.
 
jupiter07 said:
Someone requested that GC be issued in a new name and it worked!
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Are you saying they never did anything else to change their name before the interview?

Let's not confuse changing one's name with changing the name printed on a green card or Social Security card or driver's license. Changing one's actual legal name, and changing the name being displayed on documents are two separate things. The SS office can't change your legal name; they can only change the name being printed on your card. Same thing goes for the green card. It is only in naturalization they are authorized to invoke an actual legal name change (in the added presence of a court official).

Alternatively you can wait for your GC and file I-90 (not sure it's called so) for a name change.
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That is only changing the name being printed on the card, not changing your legal name.
 
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SS office dont change your name if you dont show them other valid document where your name appears changed (green card)
 
Jackolantern said:
Are you saying they never did anything else to change their name before the interview?
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Not me, the post said so. They responded to my name change dilemma.

Let's not confuse changing one's name with changing the name printed on a green card or Social Security card or driver's license. Changing one's actual legal name, and changing the name being displayed on documents are two separate things. The SS office can't change your legal name; they can only change the name being printed on your card. Same thing goes for the green card. It is only in naturalization they are authorized to invoke an actual legal name change (in the added presence of a court official).
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The initial post did not mention legal name change, so I am not talking about legal name change. I am talking about changing names on docs, and that is what I personally was trying to do. If I could get my name changed on docs, that ok, the legal part can wait. I want to function under my husband's name and the earlier for my career the better.
 
jupiter07 said:
Depends actually on where you reside.
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From another post:

"I've done the same thing, but the SSN office just looked at my marriage certificate and didn't even bother looking at my passport.. I gave my old SSN card, my marriage certificate and driver's license and I asked to have my name changed. In 2 weeks I got my new card.
I suggest you try it again with a different person maybe.."
 
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