Chilren name change

[kahuni98]

Dear experts,
I have tried to look over for this particular info but couldn't find any thread. I am getting ready for my N-400 application for me and my wife and we wish to change our names and also that of our two minor kids. Now I am aware mine and my wifes' will be done over the citizenship route BUt does anyone have an idea the easiest way to do for the kids other that going to the court? Thanks a lot.

 

[sanjoseaug20]

You can change your / wife names as part of N400.

However, the children are actually not "processed" by CIS as part of N400 and sorta "inherit" the USC status, as long as the paperwork is correct. As a result, USCIS will not "process" their name change, but they will do yours.

You need to change their name independently either before or after naturalization. Doing it after naturalization might be best so that you are not forced to update any CIS documents (such as GC) before the naturalization can proceed.

 

[BigJoe5]

Dear experts,
I have tried to look over for this particular info but couldn't find any thread. I am getting ready for my N-400 application for me and my wife and we wish to change our names and also that of our two minor kids. Now I am aware mine and my wifes' will be done over the citizenship route BUt does anyone have an idea the easiest way to do for the kids other that going to the court? Thanks a lot.

If you change your last name, it would attach to your children. (If your wife were not also going through the N-400 process, any last name chnage by you could also be used by her but she is getting her own chance to have a name change independently, so it is irrelevant for her.)

If the children have already adopted a new first name and have been using it consistenly (at school and in medical records or as a recognized alias in their foreign passports) and you submit sufficient proof, then USCIS will issue a Certificate with the legal name "also know as" and the common use name.

You can also simply independently change their first names in a court and have it ready to submit with their N-400's and passport applications.

 

[xxhwx]

if you change your kids' names after your naturalization, then you will need to pay the court for your kids' name change applications (and wait for them to be processed) AND the USCIS (citizenship certificate) for updating their names on this important document.

Just so you know, ONLY the court in the United States of America has to authority to change someone's name legally and permanently. Even your name change on N-400 has to be approved by the federal court and the certificate of your name change petition needs to be signed by the court clerk before becoming effective.

 

[Jackolantern]

If you change your last name, it would attach to your children. (If your wife were not also going through the N-400 process, any last name chnage by you could also be used by her but she is getting her own chance to have a name change independently, so it is irrelevant for her.)

I would advise against doing a common-law (i.e. without a court) name change for the kids, unless you can get birth certificates issued with their new names. Otherwise, later in life when they need to provide identifying documents for various purposes (driver's license, attending college, employment, etc.), whenever they have to show a document to prove the connection between the old name and new name, they'll have to use your name change document.

Whereas if their name change is done through a court process, they'll get their own name change court document that will allow them to operate independently of you when they are adults.

 

[kahuni98]

Thanks everyone, I appreciate so so much for all the important information you provided. I will just wait until our N-400 process gets to an advanced stage and then initiate the kids name change in the court, I checked on the courts website and they say it takes approximately one month so then I dont have to update their green cards etc.

 

[baikal3]

I would advise against doing a common-law (i.e. without a court) name change for the kids, unless you can get birth certificates issued with their new names. Otherwise, later in life when they need to provide identifying documents for various purposes (driver's license, attending college, employment, etc.), whenever they have to show a document to prove the connection between the old name and new name, they'll have to use your name change document.

Whereas if their name change is done through a court process, they'll get their own name change court document that will allow them to operate independently of you when they are adults.

Yes, I agree. Moreover, many states have state-specific restrictions related to common law name changes. In the case of name changes for minors the legal restrictions are often more significant, whether for common law or court ordered name changes. Plus many non-governmental institutions (e.g. banks) in practice do not recognize common law name changes and will ask for a court order approving the name change. If the children were born abroad prior to the parents' naturalization, getting an amended birth certificate in a new name is not really a realistic option. On balance, it does seem more prudent to do a court ordered name change for the children after the parents naturalize.