Court ordered name change for stepson

[hankster]

My stepson, James, just turned 18, and will be off to college in a couple of weeks.

 

He wanted to legally change his name before he leaves, so yesterday we appeared in Chancery Court and received a Court order (Court approved) name change. (Very smooth and easy process)

 

BUT...When he went to Social Security and then TN driver's license office, he was turned down for name changes.

 

He was told at both offices that he must have his name changed on his Green Card before they will change name on SS card and Driver's License. (We will apply for new Greencard, but hoping to get SS card and License before he starts college)

 

From what I read last night on The SS and TN driver's license websites, I think they are wrong.

 

My question for our members is:

 

Has anyone gone through this scenario or anything similar?

 

Thanks,

Hank

[Randy W]

My understanding is that his immigration (green card) name takes precedence - so yes, he would need to change that first. That should just be a matter of ordering a duplicate with a form I-90 .

[Randy W]

If your biographic data has been legally changed:

Submit a copy of the original court order or a certified copy of your marriage certificate reflecting the new name with your application. To replace a card because of a change of any other biographical data, you must submit copies of documentation to prove that the new data is correct.

Edited August 10, 2011 by Randy W (see edit history)

[dnoblett]

Randy, here is what SSA has, page pointed out to me by Hank.

 

RM 10212.080 Evidence of a Name Change based on a US Issued Court Order Name Change

 

In most States, a person may apply to a court to legally change his or her name. This includes US adoptions granting a legal name change to the adoptee. When the request is granted, the court issues an order for the name change. Accept as evidence of the name change a US court order for a name change. If the name was changed through an adoption, the adoption decree may not show the child¡¯s prior name. The name shown on the adoption decree is the child¡¯s legal name.

 

NOTE: Read the US court document to insure its validity. Use extra caution when reviewing court documents to ensure that the document presented is approved by the court and is not just a petition for a name change or a document issued by an entity other than a U.S. court jurisdiction.

 

EXCEPTION: When either a US citizen or foreign national applies for an SSN card at a Foreign Service post (FSP) or Veterans Administration Regional Office (VARO), a foreign court order name change may be acceptable evidence of a name change under the SSN and foreign evidence guidelines.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212080

 

Nothing about green-card first.

 

Again SSA can be silly, they do often give persons married on K-1 the run-around after marriage, insisting that GC is needed before issuing new SSN card, even with more than 10 days left of legal presence, this may be the case for Hank, the person in the SSA office may not know all the rules, and how they apply.

[Randy W]

The whole issue here would seem to center around expediency - none of the changes are necessary, but yes, the combination of the old ID plus the certified court papers should be enough.

[hankster]

The whole issue here would seem to center around expediency - none of the changes are necessary, but yes, the combination of the old ID plus the certified court papers should be enough.

Right, Randy, trying to get it done before he takes off out of state to College so he can do the name change when he arrives there.

 

We'll try with SSA again this Friday, and take the Program Operation Manual with us to point out their own procedure.

 

Don't know how we'll make out with the Driver's License if we try again. However I sent an email to the TN Dept of Safety in Nashville to try to get clarification.

 

Haven't heard back from them yet.

 

I have the I-90 filled out, and will send it tomorrow, but I'm worried about the Biometrics.

 

The stepson will be at his college by the time they schedule and will have to have his bio somewhere in that vicinity.

 

Know how that will be arranged?

 

 

 

Edit: Also, I might add, The court order states his "previous name, age, address DOB etc. legally changing name to New name, age, address DOB"

 

 

 

So using common sense, even presenting his Green card for ID, it's obvious, that he is who he is.

 

Sure that won't matter to TN Driver's License, though.

Edited August 10, 2011 by hankster (see edit history)

[Mick]

My experience with Tennessee branches of government agencies, like Social Security, Veterans Adminstration, etc. is that they don't have a clue about much of anything. When we first tried to get Li's Social Security Card, they asked if she had a green card. We explained that Adjustment of Status had been applied for, showed them the letter, documentation, etc. Their response after reading the material was:

 

"We can't give her a Social Security Card."

 

"Why not?"

 

"She is here illegally."

 

"How can you say that?"

 

"She doesn't have a green card."

 

"Of course not. The letters we just had you read explains that."

 

"There are two types of immigrants," she said. "Legal immigrants and illegal immigrants. Legal immigrants have a green card."

 

 

"I think you are mistaken."

 

"Does she have a green card?"

 

"No."

 

"Then she is illegal."

 

We drove back across the border to the Social Security office in Huntsville, Alabama. No problems at all. Applied for the card and out the door in less than an hour.

 

In my work for the newspaper over the years, I had the occasion to interview more than a few agency supervisors for various departments in Tennessee and my experience was pretty much the same: they didn't have a clue, especially if it involved immigration issues.

[NickF]

My experience with Tennessee branches of government agencies, like Social Security, Veterans Adminstration, etc. is that they don't have a clue about much of anything. When we first tried to get Li's Social Security Card, they asked if she had a green card. We explained that Adjustment of Status had been applied for, showed them the letter, documentation, etc. Their response after reading the material was:

 

"We can't give her a Social Security Card."

 

"Why not?"

 

"She is here illegally."

 

"How can you say that?"

 

"She doesn't have a green card."

 

"Of course not. The letters we just had you read explains that."

 

"There are two types of immigrants," she said. "Legal immigrants and illegal immigrants. Legal immigrants have a green card."

 

 

"I think you are mistaken."

 

"Does she have a green card?"

 

"No."

 

"Then she is illegal."

 

We drove back across the border to the Social Security office in Huntsville, Alabama. No problems at all. Applied for the card and out the door in less than an hour.

 

In my work for the newspaper over the years, I had the occasion to interview more than a few agency supervisors for various departments in Tennessee and my experience was pretty much the same: they didn't have a clue, especially if it involved immigration issues.

ChunMei were married here in Colorado last Saturday. Yesterday we went to the local SSA office to get a Social Security card for her. After that we were going to the Castle Rock court house to register our marriage license.

 

At the Social Security office we completed the application for using her married name. When the clerk looked at her passport and the K-1 visa she said ChunMei would need to apply for the card using the family name on her visa, then come back and change it after she got her green card because the system would reject it with the new last name.

 

Then she said she might be able to submit it if we only had the marriage license with us. Which we did. She filled out the computer form with the application from our marriage certificate and it sailed right through. No problems. Some government employees are both competent and helpful.

[dnoblett]

@ Mick

 

SSN on a K-1 depends on timing, a K-1 can legally apply for and receive a SSN within the 90 days of their I-94 after that and will have to wait for green-card or EAD card to apply for SSN, in fact SSA will not issue SSN if within 10 days of I-94 expiration.

 

Just for clarification.

 

One other issue some have with SSA is If K-1 has married prior to applying for SSN, many SSA offices will refuse to issue a card. Keep in mind the whole reason a K-1 can get SSN, and the other K-Visas (K-2,3, and 4) cannot, is because the K-1 is a fiancee, in the states to marry, and in some parts of the USA, the state may refuse to issue a marriage license to persons who do not have a SSN, has to do with a fed law having to do with persons applying for any "license" needing SSN. If a K-1 has married then the whole reason to issue SSN (getting marriage license) no longer exists, so some SSA officers refuse to issue SSN until the next reason exists, which is employment which is allowed with EAD or Green-Card.

Edited August 10, 2011 by dnoblett (see edit history)

[hankster]

My stepson, James, just turned 18, and will be off to college in a couple of weeks.

 

He wanted to legally change his name before he leaves, so yesterday we appeared in Chancery Court and received a Court order (Court approved) name change. (Very smooth and easy process)

 

BUT...When he went to Social Security and then TN driver's license office, he was turned down for name changes.

 

He was told at both offices that he must have his name changed on his Green Card before they will change name on SS card and Driver's License. (We will apply for new Greencard, but hoping to get SS card and License before he starts college)

 

From what I read last night on The SS and TN driver's license websites, I think they are wrong.

 

My question for our members is:

 

Has anyone gone through this scenario or anything similar?

 

Thanks,

Hank

Update:

 

I was off work today, so this morning we tried the SS office again.

 

After reading and printing applicable sections of the SSA Program Operations Manual, I was loaded for bear.

 

We had about a ten minute wait and were called to the window.

 

I had asked James and his mom which SS person they had when they were there on Tuesday, and they pointed to window C.

 

We got called to window A and I told the young lady why we were there.

 

Before I could 'draw my guns', she said, "No problem, can I see your Court Order?".

 

We were out of there in 5 minutes with the SS card name change document in hand.(We'll receive the new card by mail within 2 weeks)

 

Now it's off to the TN Driver's license office.

 

We chose a different one down the road in Rockwood TN this time.

 

I was loaded for Bear, again, with an email from the TN dept of safety.

 

Didn't need it..........Same story..........we were out of there in about 15 minutes, with a new TN driver's license with the new name on it.

 

No problems today.......Different person at SSA, Rockwood instead of Knoxville office for Driver's License ........Moral of the story? You tell me.

 

Now, we'll mail the I-90 and have a new Green Card soon. (Thanks for the help, Dan)

 

Hank