Getting married on K1 and changing surname. What to write on documents?

[keltis]

Hello all, I have question regarding getting married on K1 then changing the surname.

I am US citizen, and my wife to be (that just came over on K1. Yeaay!! ), after she marries me, she will take on my surname. My question is as follows:

Which name do we put on all documents that will need to be filed from now on (Adjustment of status, EAD, Advance Parole, etc)?

Thus far we have used her maiden name on all K1 applications. But after the marriage, do we still put her maiden name or do we write down the new name? And if the new name will be required, won't that confuse things somewhere??

Any pointers will be appreciated.

[nichole]

The first pointer is go to the Social Security office about 2 weeks after entry and apply for her Social Security card in her maiden name. K1s, but not K3s are "work authorized" which is what SS website will tell you is required. That doesn't mean she can work...that's a different story, but she is eligible for a SS card. My fiance got his but sometimes they aren't very informed at every office. The reason for the maiden name is because SS has to find her name in the immigration database and issue the card in the same name as on her I-94. She can change her name later after she gets her EAD card or green card. If she waits two months, it will be too late to get SS to issue her a card before her I-94 expires and she will have to wait on the green card before getting it.

Next, AOS, EAD, AP is in the new name. It's a different process so think starting over and use the name she will go forward with. Your marriage certificate that you send in provides the paper trail to show the name change. They'll "get it" when you apply under the married name.

Once she gets green card, go to SS office and show marriage certif and apply for a new SS card in the new name and with the red stamp removed. It says something about not being valid without work authorization from DHS.

[keltis]

Thanks for the pointers nichole. I appreciate the info about which name to put on documents from now on.

Regarding SS card though, we have a bit of different situation. She already has an SS card but in her maiden name, as she was on J1 here couple years back. So to go to SS office and change her name on that card is what we need to do, I'm sure.

But you speak of matching the I-94 with the SS card. Her I-94 is in her maiden name and as of tomorrow she will take my surname. So the names won't match.
I know she'll need the new name on the new SS card, but will that have any side effects as far as immigration database is concerned? It shouldn't, right? After all, that's what K1's are required to do. I guess I don't understand the "matching in db" part.

[nichole]

It's a K1 thing to get it right after arrival while the window of opportunity is open. The maiden name is in the POE entry database. For you I would wait until green card, then change it to married name.

[keltis]

But does that mean, she can legally work? (I know, kind of off topic question).

I mean, she has a stamp on her I94 saying she's allowed to work. And she's got SS from previous years. I just want to make sure I don't go over any boundaries here...

[nichole]

A K1 is "work authorized" by nature of the visa by Social Security standards. Try to Google RM 00203.500 which is a Social Security Administration Document. In C. Policy - Employment Authorization by Class of Admission, there is a chart showing a K1 among lots of other visa classification. Those people are allowed a SSN.

But because Dept of Homeland Security has separate rules that say one must be authorized by them via EAD card or green card, those people can not work until Homeland Security (USCIS) authorizes. So a K1 can get a SSN but can not work yet.

It's all a little weird, but it is a document that K1s are advised to print and take to the SS office two weeks after arrival to get a SS card. Some local offices aren't informed of these details and tell K1s they aren't allow a SSN. Just having a SS card doesn't allow one to work in the US, but helps often in getting a marriage certificate, driver's license,and filing joint income taxes.

I know nothing of J1 visas but I don't think she will be authorized to work until Homeland Security/USCIS approves via the EAD or green card.

Sorry I can't give you links to these references, but this website does not allow links to outside sources....not even government ones. Makes it difficult to help you.

[Romeo_us]

Hi Nichole,

My fiancée came to US on K1 visa. We got married couple of days back. The marriage certificate & SSN card has her maiden name on it.
I have to now file for her AOS, EAD, AP which would require a certified copy of our Marriage Certificate to be attached.
Would this create any confusion as our MC has her maiden name and I would be filing the papers using her married name. Please advise.

Thanks

[Russell]

My wife came on a K-1 VISA and we did the marriage certificate the second day she was here.

We got her new SS card with her new last name. She just presented the marriage certificate along with her passport. The Social Security card has in writing just above the numbers that she is not work authorized unless she gets the number from Homeland security.

We filed for I-485 (AOS)with her new last name. We have only done the biometrics but they accept her new name as long as we present the marriage certificate with her passport ("someone" forgot the marriage certificate so we had to go to the biometrics place twice).