Changing K1 fiance's last name

[Greg.D.]

Hi,

 

I am stumped about the name change.

Fiance arrived 10 days ago and we went to the courthouse the next day and got married. In Colorado, you merely sign your names on the license and you are instantly married. The clerk said she could not change her name then, but could go over to the SS office and change it there.

 

We went to the SS office yesterday and the clerk there let her change her last name (to mine) but not her first (I expected that). But, I am skeptical that this changed her name in any way.

 

We still need to do the G-325a (bio info), i-131 (travel), i-485 (adjust status), and i-765 (work auth). That is, the AOS procedure for the alien who entered on a K1.

 

My question is: is her name changed in anyway? Or, is is still the English translation on her passport? We need to haul ass on her AOS as she was given a very short window of validity for her K1.

 

So, how are names legally changed? Through marriage/divorce? Or, in state or county (not federal) venues?

 

I would appreciate any light shed on this situation.

Thanks,

Greg

[warpedbored]

Fill out all of her AOS forms in her married name. If you travel outside the US buy her plane tickets in the name on her passport.

[Randy W]

Her name changed when she got married. From there, for the most part, it's simply a matter of using the new name, although some will insist that the name she uses match the documentation/ID's that she has.

[Greg.D.]

Thanks, but we did not change our name when we got married. Told we could not in that venue.

 

I wonder if the clerk was right telling us that we could not do it then, but to go over to Social Security and do it there.

 

The woman at SS - who seemed bright - said sure, no problem, what name do you want to put on your SS card?

 

I'll keep working on this and will report back. Thanks, all,

Greg

[Randy W]

Thanks, but we did not change our name when we got married. Told we could not in that venue.

 

I wonder if the clerk was right telling us that we could not do it then, but to go over to Social Security and do it there.

 

The woman at SS - who seemed bright - said sure, no problem, what name do you want to put on your SS card?

 

I'll keep working on this and will report back. Thanks, all,

Greg

 

 

Usually, the marriage license is all that's needed to "prove" the name change. However, an immigrant is often required to change the name on the immigration records - that is, to wait for the green card in the new name - before new ID's can be issued.

 

SS won't actually (legally) CHANGE her name, they will simply issue a card in the new name - or not, depending on who you talk to. My guess is that no they will not, until she gets her immigration records show the new name. You may have come across the right person to help you, but this person may find out that she can't make the change.

 

You need to be asking if she can USE the new name, not about how to change it. This can vary in different states, and also depending on who you talk to at the different offices.

 

You simply need to keep plugging away at it - as you get new ID's, others may more readily follow suit.

[Greg.D.]

Thanks, Randy. I think she will go back and re-trace her steps at the county court (marriage) and SS office. The app stipulates that the only names on the marriage application are those on the IDs presented. We did ask about changing her name after "self-solemnizing (Colorado) and the clerk said "no, go to SS".

 

So, we could NOT change the name by virtue of marrying and having the name change reflected on the marriage certificate.

 

But, SS will issue her a card in her intended name .... sheesh, that sounds dubious. We need to know what name to use in aos.

 

Thanks again!

[Randy W]

Thanks, Randy. I think she will go back and re-trace her steps at the county court (marriage) and SS office. The app stipulates that the only names on the marriage application are those on the IDs presented. We did ask about changing her name after "self-solemnizing (Colorado) and the clerk said "no, go to SS".

 

So, we could NOT change the name by virtue of marrying and having the name change reflected on the marriage certificate.

 

But, SS will issue her a card in her intended name .... sheesh, that sounds dubious. We need to know what name to use in aos.

 

Thanks again!

 

 

This may vary in different states, but the marriage license typically will only show the maiden names. For American citizens, the woman may, simply on the basis of this document, begin using her husband's name, or even a hyphenated name (or other combined forms). In some cases, the husband may do the same. I've even heard of couples adopting a different name entirely.

 

Immigrants may find the going a little more rough - as you are going through.

 

AOS will result in her new green card - you need use the new name in applying for it, or you may miss that boat entirely.

[Randy W]

This is an interesting article about the "common law" name change involved, if that's where your concern is -

 

Changing Your Name Without Going to Court

 

The federal courts have ruled again and again that changing your name at will or, by “common law” is every citizen’s right under the U.S. Constitution. Using this “common law rule,” you can change your name without even going to court. Technically, you only need to begin using your chosen name to assume it – and can do so legally. However, there are some benefits to having your name changed “officially” through the courts.

 

The first of these benefits would be the ability to change various identifying documents to match your new name. For example, the Social Security Administration is not likely to change the name on your social security card without some legal proof such as a marriage certificate, divorce decree or court-approved name change request, regardless of what the federal courts say. This makes it difficult to function in today’s information-rich society where names must match on everything from your tax return to your driver’s license and bank account checks.

 

 

What the article DOESN'T address, of course, is an immigrant changing his or her name - the trigger there is usually simply to get the name changed on the immigration file.

Edited December 2, 2015 by Randy W (see edit history)

[dnoblett]

Legalzoom...

 

Sounds like when you get married this is done on the marriage license and certificate.

http://info.legalzoom.com/change-name-after-marriage-colorado-20026.html

How to Change a Name After Marriage in Colorado

Colorado state law is based on English common law, which allows anyone to change his name without legal process. Colorado has modified this legal principle; in many cases, a court order is required to change your name. If you change your last name to your spouse's last name because of marriage, you avoid the need for a court order. You will have to comply with the requirements of various issuing authorities to replace your identity documents with new versions that reflect your new last name.

Step 1
Contact the Colorado State Vital Records Office to obtain certified copies of your marriage certificate. The fee is $17 for the first copy and $10 each for additional copy at the time of publication. You will need one copy for each identity document you want to change.

Step 2
Download Form SS-5 from the website of the Social Security Administration, fill it out and sign it. Bring it to the local office of the Social Security Administration along with your marriage certificate and a government-issued photo ID such as a drivers license, a non-drivers ID card or a passport. The Social Security Administration will amend your records and issue you a new Social Security card. There is no filing fee, and your Social Security Number will not change.

Step 3
Go to the local office of the Colorado Division of Motor Vehicles with your driver's license or non-driver's ID and a copy of your marriage certificate. The DMV will issue you a new license or ID card for a fee of $21 as of 2011.

Step 4
Visit your local bank. Present your new drivers' license or non-driver's ID and your marriage certificate to change the name on your bank account and have new checks issued.