Jeff

Here's the situation. My wife (Canadian) was originally in this
country (legally) with her ex husband who was also Canadian. They
divorced and we got married. We are still waiting on the green card
and AOS. However she received and EAD in the mean time to work. Well
she got a job at a temp agency and we are now waiting for her new SSN
card. This according to the SS office will take a few months. Well
she just got the job but the place she works won't issue her a check
in her new married name since her SSN card is in her old married name.
She is afraid to get paid under that name since it isn't hers legally
anymore. We have tried to explain this to her employers but they say
even though she has an EAD in her new name and a receipt from SS, they
have to pay her in the name on her SSN card. Or they can hold her pay
until she gets the new card. Is there anyway around waiting the 2
months or more for this new card. Her employer is very stubborn about
this.

jeffreyhy

Jeff,

I'm afraid that I don't understand your wife's concern about receiving paychecks in a name she previously used. She's still entitled to use it if she wishes to. She isn't required to give it up as a result of the divorce any more than she is required to take your name because of the new marriage. She does these things because she wants to.

Personally, I would use whatever name my employer wanted me to use to get my hands on my money.

Regards, JEff

Steffi

I still have a bunch of things under my maiden name, including my bank account and passport. So whenever I use my bank visa checking card I still sign with my old name. Why doesn't she just keep using her old name and receive checks under it until she receives the new SS card?

Michael D. Young

Jeff wrote:

    > Here's the situation. My wife (Canadian) was originally in this
    > country (legally) with her ex husband who was also Canadian. They
    > divorced and we got married. We are still waiting on the green card
    > and AOS. However she received and EAD in the mean time to work. Well
    > she got a job at a temp agency and we are now waiting for her new SSN
    > card. This according to the SS office will take a few months. Well
    > she just got the job but the place she works won't issue her a check
    > in her new married name since her SSN card is in her old married name.
    > She is afraid to get paid under that name since it isn't hers legally
    > anymore. We have tried to explain this to her employers but they say
    > even though she has an EAD in her new name and a receipt from SS, they
    > have to pay her in the name on her SSN card. Or they can hold her pay
    > until she gets the new card. Is there anyway around waiting the 2
    > months or more for this new card. Her employer is very stubborn about
    > this.

http://www.ssa.gov/employer/paperq&a.htm#ein

Q. How can I make sure that the employee's SSN and name given to me are
correct?

A. You should ask to see the SSN card, although the employee is not
required to show the card unless it is readily available. You should
record the name and SSN shown on the card in your business' personnel and
payroll records that will be used to prepare W-2 reports.

If the employee indicates he or she prefers to use a different name for
employment purposes, advise the employee that you must use the name as it
currently appears on the card. Also advise the employee to request an
updated Social Security card with a name change and to show it to you so
that you can update your records and so that your records and the Social
Security records will agree.

Q. What do I do if an employee has had a name change (e.g. marriage or
divorce)?

A. Ask to see the employee's SSN card. If it shows the new name, then
record it in your records and use it on any W-2 you prepare for the
employee.

If the card shows the old name, tell the employee to report the name
change to the local Social Security office and secure an updated new card
with that name on it. Continue using the old name on any new W-2's that
are prepared until the employee shows you the updated card.

http://www.irs.gov/faqs/page/0,,id%3D15738,00.html

Q. Do I need to change my maiden name to my married name on my social
security card for us to file jointly?

A. You can still file Married Filing Jointly without changing your name
with the Social Security Administration. You do need to show your maiden
name on the tax return instead of your married name.

Q. I got married last year. I have filed with the Social Security
Administration for name and address change, but my Form W-2 still has my
maiden name. Can I send it in as it is with our joint return or do I need
to get a new W-2?

A. You can use the Form W-2 you received from your employer. If the W-2
has your maiden name, all you have to do is cross it out and write in your
married name. The last name on the tax return is verified through the
Social Security Administration. Make sure that the name matches the name
listed with the Social Security Administration.

Q. I got married and I have not changed the name on my social security
card to my married name. My Form W-2 is in my married name but my tax
forms came in my maiden name. Should I file with my maiden name or married
name?

A. It is important that the name the Social Security Administration has
for your social security number agrees with the name on your tax return.
So, you have a choice. You can file with your maiden name and contact the
Social Security Administration after you file your return. Or, if you have
enough time before the due date of your return, you can contact the Social
Security Administration and have your records changed, wait 10 days and
then file your tax return.

Queen

It took me 10days to get a new SS card. This is from a week or so ago.
Shouldnt take long

Steffi <member@british_expats.com> wrote in message news:<[email protected]>...
    > I still have a bunch of things under my maiden name, including my bank
    > account and passport. So whenever I use my bank visa checking card I
    > still sign with my old name. Why doesn't she just keep using her old
    > name and receive checks under it until she receives the new SS card?