We got married in 2016 but she kept her maiden name on the marriage certificate. Now she wants to add my last name. Her resident card is still in the renewal process and SSA tells us they can’t change her name. USCIS tells us we just need to mail a letter to the processing office with proof of name change and ask them to update the file, then use the new resident card, with her new name, to update everything once it is received.
1. "Can my wife legally change her name while her resident card is in the process of renewal?" Yes, but USCIS will need to receive your request & register/process it, which does not always happen.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
To legally change a name while her resident card is in the process of renewal will require a marriage certificate evidencing the name change or court ordered name change.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline