Question about changing name after marriage...

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podliszka

Registered Users (C)
My wife and I married on Dec. 5, 2007 after dating for 2 years. I am a U.S. citizen and she came to America legally but overstayed her visa. We have decided that she is going to take my last name but we were wondering if we should legally change her name before or after we go through the INS process of acquiring a green card. We're not worried about getting a new driver's license showing her new last name but the process for obtaining a new social security card requires you to proof citizenship status (or immigration status).

Has anybody here applied for a new social security card due to a name change? Should we not worry about changing her name until she gets a green card? Please help :confused:
 
what visa did she use to enter the USA? Most visas do not entitle you to a SSN or DL, she won't be able to obtain either one though, without having legal status in the USA.

It is not a big deal if she does not have an ID with your last name. The marriage certificate is all it will take. Fill out the forms with the new last name and put the maiden name in the appropiate field and in "other names used" field.
 
In most states to change your name it's because there is a court order (e.g. granted when you get a divorce or fight over some extreme circumstances that you need to change your name) or because you get married.

This issues has been discussed I don't get any more count of it....but a lot.

It's a personal choice...in general you are asking things that are done AFTER the AOS process. So start from A and then continue B, C, D...you can't jump to D without start on A. The first thing you both need to do is doing the adjustment of status package...read at www.uscis.gov for more info. You need to file forms I-130 and she needs to do package I-485, there are fees involved.

When she is on AOS she will received permission to work so then she will be able to get a SSN and then a Driver's License...if for some reason she came in a visa that allow her to get a driver license, to change that name on it she needs to change on her SSN first and for that she will need to apply for AOS first.

Good luck,
 
podliszka, does your wife already have a social security card and driver's license in her maiden name? If not, there's not really a document to change, she just declares her new name I guess. (On which other official forms is her name listed?) Perhaps her consulate can also issue her a passport in her new name?

Changing the name after AOS will require an I-90 form I think, $370 filing fee.
 
She can put her married name in the AOS forms regardless that the rest of her documents are in her maiden name. The marriage certificate is proof enough of her change of name in her AOS papers. There is no need to change any other identification previous to AOS, which in any case will be very difficult to do anyway without a proper immigration status. What you need to do is to file taxes jointly and keep getting record of your life together...there are other things way more important that a name change for AOS for sure.

It's pretty understanding that her previous documents like passport, D/L, SSN (if she has those in the past), would be with her maiden name.
 
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