Married and Want to Use Your Spouse’s Family Name? What It Means for Your ID, Passport, and Adjustment of Status
A common question we hear from clients is: “I just got married and want to take my spouse’s last name. How will this affect my identification, international travel, and Adjustment of Status (AOS) case? Do I need to update my passport right away?”
Here’s what you need to know:
1. Name Change Through Marriage in the U.S.
When you marry in the United States, your marriage certificate is the legal document that allows you to assume your spouse’s surname. You do not need a separate court order. That marriage certificate will serve as the primary evidence of your new legal name.
When filing for Adjustment of Status (Form I-485), you may choose to list your new married name as your “current legal name.” If you do so, include your marriage certificate as evidence. USCIS recognizes name changes by marriage under 8 C.F.R. § 103.2(b)(1) (which requires applicants to submit evidence of the name change).
2. Impact on Government IDs
U.S. IDs (Driver’s License or State ID): Once you have your marriage certificate, most DMVs will allow you to update your license or state ID.
Social Security Card: After receiving your marriage certificate, you may also update your name with the Social Security Administration. This helps keep your records consistent with USCIS.
3. What About My Foreign Passport?
This is where many people worry. Ideally, your passport should match your current legal name. However, many foreign governments require an in-country process to update the passport, which can be difficult or impossible while you are waiting in the U.S. for AOS.
Here’s the good news:
You can continue to use your foreign passport in your maiden name for identification and travel.
If you file your AOS in your married name, USCIS will still accept your old passport as long as you include your marriage certificate to link your identities.
In other words, you do not have to delay your AOS filing if your passport is still in your maiden name.
4. International Travel While AOS Is Pending
If you must travel internationally during your AOS process (with Advance Parole, Form I-131, if required):
Your boarding pass and ticket must match the name on your passport. Airlines rely on the passport, not your marriage certificate.
To avoid issues, book tickets under the name that appears in your passport until it is officially updated.
Carry your marriage certificate to explain the difference between the passport name and your U.S. IDs, especially at re-entry.
5. What If My Green Card Does Not Match My Passport?
This is a very common situation. For example, your green card may be issued in your married name, while your foreign passport is still in your maiden name.
Here’s what happens:
At U.S. entry/exit: CBP officers are accustomed to this. You simply need to carry your marriage certificate (or other legal proof of name change) to show the connection between the names.
For airlines: Book your ticket to match the name in your passport, since that is the document airlines use for boarding. The green card in a different name does not prevent you from traveling, but you should carry your marriage certificate to bridge the difference.
For USCIS filings in the future: Always use your current legal name (your married name, if that’s what you have chosen), and include prior names in the “other names used” section of any form.
Bottom line: A mismatch between your green card and passport is not a legal problem, but you should be ready to explain it with your marriage certificate. Over time, updating your passport to match your green card will simplify travel and paperwork.
6. Practical Tips
Filing AOS: Use your married name if that’s the name you intend to keep long-term, and include your marriage certificate.
Social Security & State ID: Update as soon as possible to create consistency for USCIS and employment records.
Passport: If you can’t immediately update it, continue using it in your maiden name for travel. Carry your marriage certificate as backup.
Green Card/Passport Mismatch: Not a bar to travel, but keep proof of your name change with you.
At USCIS Interviews: Officers see this all the time. Be prepared to provide your marriage certificate.
✅ Bottom Line: You do not need to update your foreign passport immediately after marriage in order to file AOS. You can file under your married name, travel under your maiden name (with your marriage certificate), and manage any name mismatches by carrying proof of your marriage until all documents align.