ballpointbunny

My K1 visa has expired. I was married within two weeks of the expiry date, but needed to wait for the certificate to arrive for AOS paperwork.

I went for the medical yesterday (no where would do just the vaccine supplement), and so I'm also waiting on the results for that.

Next week I'm hoping to send the AOS.

Now I need to adjust SSN to my married name, as bank will not accept name change on marriage certificate alone. I do not have a drivers license yet as another form of ID, and my passport is in my maiden name.

I'm worried that walking into the SSN office tomorrow, who require the I-94 to change my name, is going to flag my visa has expired...

What status do I currently have, and will I have whilst I'm waiting for the AOS/EAD?

Smartyy

You're legally in the United States. You got married on your K1 and waiting for things to come through before starting your AOS.

Noorah101

Your K-1 visa is no good now anyway, it doesn't matter that it expired.

However, for your SSN, you can only apply for that during your first 76 days in the USA. After that you need your EAD in hand.

So now you have to file AOS, wait for your EAD, then apply for your SSN.

I find it strange that a bank wouldn't accept your marriage certificate as proof of name change. Normally that's all that is needed.

And your legal status is "pending AOS" which won't mean much to anyone unfamiliar with immigration. But you are here legally, so no worries.

Rene

ballpointbunny

Thank you! I wish the gov websites were clearer on that. I've genuinely been wondering if someone will come knocking to deport me! Silly, I know.

ballpointbunny

Hi Rene, I have a SSN, it's just in my maiden name. The bank lead me to believe I can go to the SSN office to have it updated with my married name, which will then allow me to update the name with the bank.

Smartyy

It's all our bank needed from us so it is weird that they wouldn't accept it as proof.

I went through the same panic but all is good. I confided with the team here at BE and they told me the same as I told you.

Noorah101

Oh, I see. I guess you can give that a try. But your marriage certificate proves why there's a discrepancy in your name. The bank should have accepted that, IMO.

Rene

ballpointbunny

I'm relieved you both think the same about the bank too! I went around in circles saying that the marriage certificate has my maiden name, as does the passport (which is clearly me), and therefore it proves I'm that person - now married.

BankoA wouldn't have it, so I'll try the SSN office tomorrow morning.

I'm just so glad I'll get back out of the SSN office! Ha ha!

Thanks so much for your replies!

Rete

Devil's advocate here. Why don't you just continue using your maiden name for your bank account? Lots of women continue to use their maiden names for say business and a hyphenated version with hubby's surname when they have kids or socially. It doesn't have to be done right this minute.

PS change banks. BOA su@ks anyway.

ballpointbunny

Advocates welcome

My thinking was partly AOS and GC/EAD, and also emotional...

I need to provide bank statements for AOS to show financial status. Having these in my married name may help demonstrate evidence of ongoing relationship too.

If I were to file AOS in my maiden name, my GC/EAD would arrive with that, and therefore later down the line employers would approve applications with maiden name... so I thought making the change to married name before AOS/GC/EAD made sense.

Do you think AOS this might be easier with maiden name?

Emotionally, I'm my husband's second wife, and it was important to my husband, me and my step-daughter that I be apart of their family by having the same surname.
Logically, I do understand that it actually has no bearing on the legitimacy of the marriage.

Noorah101

Your last name will have no bearing on your AOS process, so don't let that concern you.

If you haven't filed AOS yet, just fill out all the forms in your married name. That way, your EAD and green card will habe your married manner on them. Then at your convenience you can change your name elsewhere.

Rene

Rete

Some women don't feel married until they assume their husband's surname. If you want to be known by that last name for the rest of your life than by all means use that surname on the I-485, I-765 and I-131. Your passport, social security card, driver's license, etc. do not have to match. You have the legal right to use either name or both.

No it won't sway them one way or the other. If the account is in the name of John Smith and Mary Jones it is still a shared account.

If you are going by your husband's surname, then all your paperwork should be filed in that name. It is not easier one way or the other.

Name change only makes sense if this is what you want to be known as. For others reading this, USCIS does not have a problem with a woman not assuming the use of her husband's surname. Not doing so does not invalidate a marriage.

Please you are taking this all too seriously. By all means, assume your husband's surname. I'm just pointing out that you don't have to change your social security card immediately. You won't have the right to work until the EAD is received anytime from 10 to 90 days after applying for it.

If the bank is giving you grief about proof of your new surname, ask to speak with a manager and be forceful and adamant that the certified marriage certificate is all you need to change the name on the account. If he balks at it still, then change banks. My concern is that you are holding up the filing of the AOS petitions because of a bank account. You can file with them the way it is with two different names on the one account or not use them at all. At the time of the interview, if it is not approved outright, you can bring the updated account with the new surname showing.

BTW I'm my husband's third wife and I never used his surname in my career or business dealings. I only use his name it socially.

Jack8602

+1 for swapping from BoA, i had them when i moved here, swapped to Chase.

Slightly off topic, but here in Texas it appears that there's a special queue for changing your name at the DMV.

My wife just changed her surname to mine following our recent marriage and is currently in a 5 hour queue at the fort worth DMV

ballpointbunny

Thanks for your replies and advice, all

I'm in Texas too! They do have a specific queue for name changes.

Just come out of the SSN office. FYI (in case anyone in the same position comes across this): They won't update the SSN with married name, as visa has expired, and therefore I'm not eligible for work until I have EAD or GC. I can change my name with SSN when I have the GC.

Thank you for the reassurances about the maiden name and married name appearing on the AOS. I'll get that filed as soon as the medical paperwork can be collected.

I will file the AOS in my married name, but the evidence will be in my maiden name.

aless02

BoA are AWFUL. I got married 9 years ago and my account is still in my maiden name as it was nearly impossible to enact a change from abroad. Can't wait until we land next month to get rid of them!