My wife and I got married on 12-03-16. To cut to the chase, we mistakenly not fill out the new name on our marriage certificate and her maiden name still in our certificate. She wants to use my last name for her AOS/EAD. We're going to apply soon and hopefully she can use my last name. SSA won't let her use my last name because of our marriage certificate.
Generally in a marriage-based immigration adjustment of status application process, a wife may select whether to use her maiden name or her husband's last name, and this is true regardless of how the wife's name was identified on a marriage certificate. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about you, your wife and your goals, could advise about eligibilities, options and strategies and then could offer legal representation in the application process.
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