Legal name change now or after greencard?

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getting-married

Registered Users (C)
Hello, A question on how to proceed. I came to the US in 2003 with the promise of job. Job never happened and me and my child stayed here in the US anyway. I have a rather difficult first and last name so I started using an easier name and also gave my child an easier name. I did not do a legal name change but just told utilities my new name and paid a deposit (lack of id in new name and ssn).

Found my soon to be wife in 2006 (US Citizen) and she has supported us ever since. We are now ready to get married. My question is: What name do I use to file I130 and I485? Should (and can I) get a legal name change before getting married (passport of course says my old name)and filing with USCIS? We would like to continue living under the easier name and would like to obtain SS card and DL with easier name.

Thanks
 
Unless you get your court ordered name change, you should still use your name as in passport. Name change process is much easier as citizenship stage, now that you are marrying USC, you would become eligible for citizenship after 2 years 9 months
 
Get the legal name change done before applying for the GC. Otherwise it will be more complicated and expensive to do it after the GC (you'll need to pay money to obtain a new GC, unless you're willing to wait until citizenship to legally change your name).

On the other hand, if you want the GC as soon as possible, finish the GC process first. They will look at your passport and/or birth certificate to verify your name, so you'll need to use your original long name for the GC process and marriage if you don't legally change it first. Then change your name and the GC after that, followed by the SSN and DL.

However, the court probably won't agree to change your name without you proving that you are a permanent resident or citizen, or at least a legal resident with a long-term visa like H1B. You are not in the US legally, so you probably can't change your name before the GC anyway.

Did you enter the US legally?

But whatever you do, don't change your name in the middle of the GC process.
 
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I just got green card, and did ask around about legal name change. DMV requires your SSN card to bear new name before they can change it on your driver license. SS Office requires the USCIS to change your name on green card/Employment authorization card first.
So after green card, the process is: court order --> notify USCIS to change name on green card --> change name on SSN card --> change name on driver license --> change name on everything else
 
Thank you all for the help. It indeed appears best to go ahead and get the GC on my legal name and change it after 3 years with citizenship. Will I run into trouble for living under my assumed name all those years in the US? I entered the US legally. I have ID (passport and DL) from my home country. I have no ID with my assumed name, never needed one. I do have utility bills in my assumed name (they just asked for a name and I told them I had no ID and all they wanted was a deposit). For the rest my case seems pretty straightforward. I have 4+ years of half utility bills in my name and half in hers and lots of photos and soon a marriage certificate.
 
getting-married said:
Thank you all for the help. It indeed appears best to go ahead and get the GC on my legal name and change it after 3 years with citizenship.
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Why wait for citizenship? You can do it in court right after you get the GC. That way you won't build up more years of history in the unwanted name.

Will I run into trouble for living under my assumed name all those years in the US?
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If you haven't defrauded anybody and didn't use the made-up name to escape paying any bills, you probably won't get in trouble.

For the rest my case seems pretty straightforward. I have 4+ years of half utility bills in my name and half in hers and lots of photos and soon a marriage certificate.
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Get recent bills in your legal name. Showing bills in the assumed name won't help your case with USCIS, especially since you don't have any ID in that name.
 
Thank you for your answers Jackolantern. No, I have not defrauded anybody, paid all my bills, never got a ticket or anything. Just don't want to be assumed a girl (my first name is a girl name in the US) and having an unpronounceable lastname were things I got tired of.

I can definitely get bills in my legal name if that helps my case. I do however have a samsclub card with photo in my assumed name. Will that be any help? Or will it be better just sticking to photos and change things to owned by both of us after marriage?
 
Go ahead and change your name now, you local district court can help you do it quicker at a cost of a few hundred $$$. Since you are tired of being called Suzie, Steve will be more appropriated...lol!!!
 
Al Southner said:
Go ahead and change your name now, you local district court can help you do it quicker at a cost of a few hundred $$$.
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The problem is that many courts require one to be a legal resident or citizen before they'll process the name change. So he probably can't get it done before the GC.
 
getting-married said:
I can definitely get bills in my legal name if that helps my case. I do however have a samsclub card with photo in my assumed name. Will that be any help? Or will it be better just sticking to photos and change things to owned by both of us after marriage?
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For USCIS, stick to the joint things that have both your legal name and her name, and the individual things that have your legal name and her address.
 
this leads me to the next question:
If my green card bears my new name, but passport has old name, will I have problem entering the US? (I'm planning to travel abroad for a month)
 
f1study said:
this leads me to the next question:
If my green card bears my new name, but passport has old name, will I have problem entering the US? (I'm planning to travel abroad for a month)
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You won't have a problem if you also have a name change court document or marriage certificate to show the connection between the old name and new name.
 
Ok, I looked into this some more and it appears that on my marriage license I can assume a new middle and last name. If I understand this correctly this can be any name. Question is, will USCIS follow passport/birth certificate with original name or marriage certificate with new name. I could potentially make my middle name my current assumed first name. Anyone has experience with this.
 
getting-married said:
Ok, I looked into this some more and it appears that on my marriage license I can assume a new middle and last name. If I understand this correctly this can be any name. Question is, will USCIS follow passport/birth certificate with original name or marriage certificate with new name. I could potentially make my middle name my current assumed first name. Anyone has experience with this.
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With that approach you may have trouble with some agencies when using the marriage certificate as proof of name change, because this society is not used to seeing males change their names with marriage, and your name change is not for the purpose of taking your spouse's last name. In addition, the change you suggest would still leave you with a first name you don't want, so you'd still have yet another name change to do later on.
 
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