Applying for citizenship, divorcing and getting my name back!

D

dippymoo

Registered Users (C)
Hi,
Hopefully someone may be able to point me in the right direction here....
I have had my green card for 5 1/2 yrs, been married to a USC for almost 7, I want to file my N-400, but want to be a citizen with my maiden name as my husband and I are getting divorced. We're still in the paperwork stage with the divorce so it will be a couple of months until I have a legal document reinstating my name. Can I file my N-400 with my current name knowing that by the time it's processed my name change will have come through, and then at the Oath ceremony have my certificate issued in my maiden name?
I hope that makes sense :confused:
thanks for any help you can give me.
 
Changing your name separately from naturalization can cause delays if done while the naturalization process is ongoing. Big delays if the change is done after the interview.

It would be smoother if you ask to keep your married name through the divorce, then ask for the name change to be done via naturalization. That way your maiden name will be on the naturalization certificate, and there would be no hiccups caused by a name change outside of naturalization. Or complete the divorce and name change before applying for naturalization.
 
Last edited by a moderator:
dippymoo said:
Hi,
Hopefully someone may be able to point me in the right direction here....
I have had my green card for 5 1/2 yrs, been married to a USC for almost 7, I want to file my N-400, but want to be a citizen with my maiden name as my husband and I are getting divorced. We're still in the paperwork stage with the divorce so it will be a couple of months until I have a legal document reinstating my name. Can I file my N-400 with my current name knowing that by the time it's processed my name change will have come through, and then at the Oath ceremony have my certificate issued in my maiden name?
I hope that makes sense :confused:
thanks for any help you can give me.
Click to expand...

Basically what Jackolantern said: either complete the divorce and the name change before applying for N-400 or (and it may be preferable) do the name change back to your maiden name as a part of your naturalization process rather than as a part of the divorce proceedings.

By the way, when you file N-400, make sure that as a basis for eligibility you check the box that you have been an LPR for at least 5 years, rather than the box that you have been married to a USC for at least 3 years. If you choose the latter (3 years of marriage to a USC) as a basis of eligibility for naturalization, you would have to prove to the IO that you are still married and that your marriage is fully intact.
By contrast, for applying under the 5 year option the current condition of your marriage is irrelevant.
 
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