Name change in naturalization

**redsox5** · 29th June 2007, 01:17 PM

Could somebody tell me what additional form or questions could be excountered during interview if I indicate that I want to change my name in N-400?

**supercomp** · 29th June 2007, 01:19 PM

You will have to sign 2 pre-filled forms during your interview thats about it.

Form will basically have your old name, your new name, your SSN, and your alien number. It is actually two copies of 1 form.

**asitel** · 29th June 2007, 02:02 PM

And the choice of naturalization ceremonies for you will be limited to judicial ones (can't do it during administrative ceremony).

**redsox5** · 29th June 2007, 05:30 PM

Thanks.

Could you tell me what infomation was written on the form?
My wife is going to Boston and FP was done last month.
I need to prepare her in case she has do complete the form herself during the interview.

**redsox5** · 2nd January 2008, 06:29 AM

Finally, interview is set for February 5.
Could somebody give me any input, information, experience for recent Boston interview?
With name change is there a possiblity of same day oath?

**N400Atl** · 2nd January 2008, 08:23 AM

I don't know about Boston but as name change involves Judicial oath (Except last name change due to marriage, which can be done administratively), there is strong change that you will NOT get same day oath.
In Atlanta DO, your judical oath ceremony can get pushed by 10+ months (vs same day oath with no name change) So be careful. You might want to get name changed in local district courts afterwards.

**applenew2** · 3rd January 2008, 11:50 AM

im from NYC, and i've been waiting for that oath ceremony like 2 and half years, because during the interview day, i chose to change my name through Judicial oath. I dont know I have to wait for that long for my oath day, cyring. And i called USCIS around 4times including today. the person told me they are still waiting for the FBI clearnce reply. And he said now i only have to wait, no matter how long.
I dont know what to do now? Any advise?
Beside, if i know changing name through Judicial will be that long, i will get name changed in local court. Never know and no one told me that.
When i came to US, my GC's name was different from other doccuments name. So i decided to change my GC's name same as other docc's name. But never know i have to go to court to do it legally, thought i changed GC's name, everything will be fined,which was not true. Regret now!! .TT(00)TT.

**Vorpal** · 3rd January 2008, 11:58 AM

Originally Posted by applenew2

im from NYC, and i've been waiting for that oath ceremony like 2 and half years, because during the interview day, i chose to change my name through Judicial oath. I dont know I have to wait for that long for my oath day, cyring. And i called USCIS around 4times including today. the person told me they are still waiting for the FBI clearnce reply. And he said now i only have to wait, no matter how long.
I dont know what to do now? Any advise?
Beside, if i know changing name through Judicial will be that long, i will get name changed in local court. Never know and no one told me that.
When i came to US, my GC's name was different from other doccuments name. So i decided to change my GC's name same as other docc's name. But never know i have to go to court to do it legally, thought i changed GC's name, everything will be fined,which was not true. Regret now!! .TT(00)TT.

Are you sure that the only reason you're waiting is to get a judicial oath? It sounds to me like you're stuck in name check, judging from what the USCIS told you (although I have a hard time believing them, especially in light of recent events). Have you tried making an InfoPass appointment to find out what's going on with your case?

**applenew2** · 3rd January 2008, 12:11 PM

how to make a an Infopass appoinment? and How long it takes to get an appointment? cause i really called USCIS few times, same answer(either FBI doing background check or like this time,waiting for FBI clearance reply).
P.S. what's Infopass,im a noob of all this ?T..T

**Vorpal** · 3rd January 2008, 12:35 PM

Originally Posted by applenew2

how to make a an Infopass appoinment? and How long it takes to get an appointment? cause i really called USCIS few times, same answer(either FBI doing background check or like this time,waiting for FBI clearance reply).
P.S. what's Infopass,im a noob of all this ?T..T

Follow this link to set up an InfoPass: http://infopass.uscis.gov/index.php

I checked to see if they have any appointments available for this month, and they have 2 available dates (15th and 16th). However, I am almost positive that you're stuck in name check. If they have already told you that they are waiting for an FBI clearance reply/FBI is doing a background check, it's a safe bet that you're stuck in name check. It has nothing to do with the name change request. My advice would be to start gathering evidence to file a WOM (writ of mandamus) lawsuit against the FBI. See the sticky thread regarding lawsuits against USCIS for more detailed information.

**applenew2** · 3rd January 2008, 01:08 PM

i really dont know much things about any lawsuits, should i get lawyer? might cost way too much i guess. But really thx for ur info. i check thing about infopass, i dont think those IO will help me much about that name check or background check thing.

**Vorpal** · 4th January 2008, 05:17 AM

Originally Posted by applenew2

i really dont know much things about any lawsuits, should i get lawyer? might cost way too much i guess. But really thx for ur info. i check thing about infopass, i dont think those IO will help me much about that name check or background check thing.

Since you've already had an interview, you should file a 1447(b). It's a lawsuit where, if the results are in your favor, the court will force the USCIS to adjudicate your case. By law, the USCIS is required to make a decision on your case within 120 days following the interview. You are well past that deadline. The good news is that if you're an intelligent enough person, you don't need an attorney to represent you. See this thread for more information: http://www.immigrationportal.com/sho...d.php?t=194681

**applenew2** · 4th January 2008, 08:33 AM

might be a bad new for me, XD I'm not that smart! But I will do my best! Thank you so much for the info! By the way, do I need to follow every lawsuit step? lol Never done this before T.T

**Vorpal** · 4th January 2008, 08:54 AM

Originally Posted by applenew2

might be a bad new for me, XD I'm not that smart! But I will do my best! Thank you so much for the info! By the way, do I need to follow every lawsuit step? lol Never done this before T.T

To tell you the truth, I have no idea. Check with the members of the lawsuit thread, there are some people who have a very good idea of what they are talking about.

**chuang2830** · 4th January 2008, 10:51 AM

A couple of posts say the name change could cause significant delay in naturalization by 10+ months in Atlanta and 2+ years in an other district. Sounds very scary. Can somebody who also has done the name change process through the naturalization share their experience?

I am thinking to change my name, too. If the name change adds tremendous amount of time to the process, probably I should not do it.

**N400Atl** · 4th January 2008, 11:41 AM

Originally Posted by chuang2830

A couple of posts say the name change could cause significant delay in naturalization by 10+ months in Atlanta and 2+ years in an other district. Sounds very scary. Can somebody who also has done the name change process through the naturalization share their experience?

I am thinking to change my name, too. If the name change adds tremendous amount of time to the process, probably I should not do it.

I am sure others will chime in but in my experience (One with 10+ month in Atlanta) I would NOT do it via judicial oath. It is lot easier to do it from local district court. It takes about 2 months (Though it may cost 200$) It is much better to have that Nat cert in hand and then do it all than keep waiting for it and hoping nothing happens till the oath date that could cause problems for naturalization (After all you are not a citizen until you take the oath, interview is NOT final step).

**Vorpal** · 4th January 2008, 12:16 PM

Originally Posted by N400Atl

I am sure others will chime in but in my experience (One with 10+ month in Atlanta) I would NOT do it via judicial oath. It is lot easier to do it from local district court. It takes about 2 months (Though it may cost 200$) It is much better to have that Nat cert in hand and then do it all than keep waiting for it and hoping nothing happens till the oath date that could cause problems for naturalization (After all you are not a citizen until you take the oath, interview is NOT final step).

Would a post-naturalization name change require a new naturalization certificate? All these horror stories are pushing me to reconsider doing a judicial oath, so I'm wondering if the naturalization certificate would still be valid.

**roran** · 4th January 2008, 12:23 PM

Originally Posted by Vorpal

Would a post-naturalization name change require a new naturalization certificate? All these horror stories are pushing me to reconsider doing a judicial oath, so I'm wondering if the naturalization certificate would still be valid.

My checks were cashed on 12/31/07 and we have opted for last name change. My cousin from VA got her name changed in 1 month after interview. She was called to the court for the oath ceremony in about 1 mo from interview date which was around last May. I hope things are that easy now.
Going by your message, is there a possibility to withdraw the name change after filing?

**action123** · 4th January 2008, 12:34 PM

Except last name change due to marriage, which can be done administratively.
Is this true?? So I don't have to wait for judicial oath then?
when you said administratively what is that mean?

Originally Posted by N400Atl

I don't know about Boston but as name change involves Judicial oath (Except last name change due to marriage, which can be done administratively), there is strong change that you will NOT get same day oath.
In Atlanta DO, your judical oath ceremony can get pushed by 10+ months (vs same day oath with no name change) So be careful. You might want to get name changed in local district courts afterwards.

**Vorpal** · 4th January 2008, 12:37 PM

Originally Posted by roran

My checks were cashed on 12/31/07 and we have opted for last name change. My cousin from VA got her name changed in 1 month after interview. She was called to the court for the oath ceremony in about 1 mo from interview date which was around last May. I hope things are that easy now.
Going by your message, is there a possibility to withdraw the name change after filing?

Based on what I've read on this forum, it's possible to change anything on the N-400 during the interview. Just bring a corrected page and give it to the IO. Also, the IO can cross out what needs to be corrected and have you initial the correction.

**N400Atl** · 5th January 2008, 11:56 AM

Originally Posted by Vorpal

Would a post-naturalization name change require a new naturalization certificate? All these horror stories are pushing me to reconsider doing a judicial oath, so I'm wondering if the naturalization certificate would still be valid.

You do not need new nat cert after name change. (You can order one but it costs like 400$ and takes a year, based on what USCIS website says for replacement certificate.)

Your nat cert and name change order from court together gets you US passport with new name. Your passport is also the proof of US citizenship and once you have passport in correct name, you do not need nat cert anywhere. Anywhere you have to show citizenship proof, you can use passport.
If somebody asks for nat cert, take both nat cert and name change order and they both together satisfy the requirement.

**N400Atl** · 5th January 2008, 12:03 PM

Originally Posted by action123

Except last name change due to marriage, which can be done administratively.
Is this true?? So I don't have to wait for judicial oath then?
when you said administratively what is that mean?

In Atlants DO (and many others that do same day oath) Oath can be given by an officer. These are called administrative oath since these officers are not court judges. If you opt for name change, your ceremony will be infront of a district court judge who can give you oath as well as sign the name change court order. Same day oath officers do not have authority to sign name change order.

In Atlanta DO, nat cert is based on your birth certificate. So name as it appears in BC is used (no matter what Green card says) One change they allow is last name change for women if you present marriage certificate. With that certificate, administrative oath can be given with husband's last name. I dont' think it allows middle name change to husband's name as it happens in some states in India.
Hope that clears the matter. This is based on my experience. Things may be different for others (Though I doubt)

**action123** · 5th January 2008, 12:10 PM

N400Atl,

Thank you for your clarification.

Originally Posted by N400Atl

In Atlants DO (and many others that do same day oath) Oath can be given by an officer. These are called administrative oath since these officers are not court judges. If you opt for name change, your ceremony will be infront of a district court judge who can give you oath as well as sign the name change court order. Same day oath officers do not have authority to sign name change order.

In Atlanta DO, nat cert is based on your birth certificate. So name as it appears in BC is used (no matter what Green card says) One change they allow is last name change for women if you present marriage certificate. With that certificate, administrative oath can be given with husband's last name. I dont' think it allows middle name change to husband's name as it happens in some states in India.
Hope that clears the matter. This is based on my experience. Things may be different for others (Though I doubt)

**Vorpal** · 5th January 2008, 12:15 PM

Originally Posted by N400Atl

You do not need new nat cert after name change. (You can order one but it costs like 400$ and takes a year, based on what USCIS website says for replacement certificate.)

Your nat cert and name change order from court together gets you US passport with new name. Your passport is also the proof of US citizenship and once you have passport in correct name, you do not need nat cert anywhere. Anywhere you have to show citizenship proof, you can use passport.
If somebody asks for nat cert, take both nat cert and name change order and they both together satisfy the requirement.

Thank you for the info. I'll try to find out what the situation with judicial oaths in NYC is. If it'll take several months to get one, I'll just withdraw the request.