Citizenship Application and Name Change --- Question???

K

kruz_patz

Registered Users (C)
Hello All,

I am going to apply for citizenship next week. I am married and would like to change my MIDDLE name (husband's name) and LAST name after marriage, so I am thinking to use N-400 - change of name due to marriage -- option.
But I have few doubts --- Does a name change can delay the whole process of Oath Ceremony?

Que 1: Is it true that, In above case, The Oath Ceremony will take place in court infront of the Judge? Since he will give the court order for legal change of name and also, Naturalization Certificate at the same time.

If Que 1's answer is YES, than I don't want to change my last name, as I don't want to get my citizenship process to be any longer than usual.

Que 2: How can I change my last name later on? Do I need court order? Which court do I have to go?
Please Reply........Thanks
HK
 
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If the name change is for taking your husband's last name, they generally won't make it necessary to do this in front of a judge. At the interview, just show the marriage certificate and ask for the naturalization certificate to be made with your husband's last name.

If they make you have to do the full-fledged name change process with a judge, if there is a delay it usually is just 1 or 2 months. In some jurisdictions they always have a judge at the oath ceremony anyway, so there would be no delay due to name change.

If you want to change your name after the oath, that could be complex and expensive. You'll probably have to file some papers with City Hall and follow a court process and pay hundreds of dollars. That could take longer than the 1 or 2 months of delay for a name change oath.
 
Hi,

Thanks for your reply, but since my spouse is currently outside USA, and we want to get togather without any dealy in process, and I am near to apply for my citizenship.....that's why I posted question in two different places.

Do you know of anyone that might have to go to court for oath ceremony? How does the oath ceremony administered at present? Is there a judge always present at the ceremony?

Thanks. ...
 
Oh FYI,

It will also include the Middle name change as well......In this case would I have to go to court in order to complete OATH ceremony?
 
kruz_patz said:
Do you know of anyone that might have to go to court for oath ceremony? How does the oath ceremony administered at present? Is there a judge always present at the ceremony?
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In most jurisdictions there is no judge except for the subset of oaths designated for people with name changes.

But there are some districts where a judge is always there. Some other members of the forum may be able to point out where those are.

Even if there is a name change for the oath, it doesn't have to be physically in court. The judge can go to a USCIS facility or whatever other venue the oath is being held. The name change oaths may or may not be in court depending on the arrangements USCIS has made with the judges.
 
I think changing name later would be better option in this case since we don't know for sure, unless If I make no selections for name change in the form and will ask to the Immigration officer at the time of interiview about the oath ceremony on same day for name change candidates? ....Than I can go for it....depending on officer's answer.....

If later on I would like to do a change of name?

How much does it cost? What is the exact process? if you know........

Hk
 
kruz_patz said:
It will also include the Middle name change as well......In this case would I have to go to court in order to complete OATH ceremony?
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If the middle name change is for moving your current last name to the middle, it is possible they can accommodate that if you show the marriage certificate, without needing the full-fledged name change oath. You'll have to ask at the interview and see what happens. Otherwise, you would definitely need an official name change ceremony, or a separate court process.

Given that you want to file for a green card for your husband, I will warn against doing the name change after the oath. Changing your name separately via the court could take a long time (depending on how they operate in your county or city). If you wait until the name change is completed before filing for your husband, that could delay the start of the GC process. But if you complete the name change after filing his GC papers, changing your name in the middle of the process could cause confusion and long delays with USCIS. A name change after the oath would also mean USCIS does not have the new name in their database. So I would advise you to either change the name as part of the naturalization process itself, or change it after your husband's green card is approved.
 
kruz_patz said:
I think changing name later would be better option in this case since we don't know for sure, unless If I make no selections for name change in the form and will ask to the Immigration officer at the time of interiview about the oath ceremony on same day for name change candidates? ....Than I can go for it....depending on officer's answer.....
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Yes. Don't specify the name change on the form, then show the marriage certificate and ask about it at the interview.

Note that same-day oath is not done everywhere; in most places you have to wait at least a few weeks whether you have a name change or not. But if you want a name change other than marriage, you cannot have same-day oath even if there is same day oath at that location. At the interview you'll have to ask if your middle+last name change can be accommodated as a marriage-related one, so you wouldn't need the judge.
If later on I would like to do a change of name?

How much does it cost? What is the exact process? if you know........
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The cost and process is different depending on where you live. Contact your local City Hall. But 99% of the time it is more complex and expensive than doing it through naturalization. It may be faster to do it with naturalization, even if you have to wait an extra month or two for a name change oath.
 
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Jackolantern said:
Note that same-day oath is done everywhere; in most places you have to wait at least a few weeks whether you have a name change or not. But if you want a name change other than marriage, you cannot have same-day oath even if there is same day oath at that location. At the interview you'll have to ask if your middle+last name change can be accommodated as a marriage-related one, so you wouldn't need the judge.
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Hi,

My wife requested her last name change to mine on the n-400 application and confirmed that during the interview in Chicago IL. The officer ask her for marriage certificate that she didn't have with her and then gave a name change order to sign. He said the she will receive Oath Letter within 30 days but it's been over a month ago and she didn't get it yet.

Question for Jackolantern. Do you think that she was not given OL the same day because she didn't have marriage certificate with her and they have to order a copy from a court to see that? My wife's sister who passed interview the same day was given OL after interview. However she didn't change her name.

Otherwise my wife's case is very simple, no travels abroad, no tickets, no problem. What do you think about the marriage certificate? Should we mail it to them or it's better to wait?

Thank you

DO: Chicago
11/04/2009 - Interview Date
xx/xx/2009 - Oath Letter
xx/xx/2009 - Oath Ceremony Date
 
Yes, it is probably the lack of the marriage certificate that caused it. When asking for a new last name based on marriage it is important to have the certificate.
 
Jackolantern said:
Yes, it is probably the lack of the marriage certificate that caused it. When asking for a new last name based on marriage it is important to have the certificate.
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Just after the interview I got the certificate quickly from a nearby county office and gave it to my wife when she was still in USCIS building. Then she wanted to pass it to the officer but he said that it's been processed now in "the computer" and he didn't take it.

Would you suggest mailing it to this officer in the situation or maybe use infopass and try to gave it to them during the meeting?

Thank you,
 
My husband had to change his name because we filled his papers with the name on green green card and passport and at the interview a lady told him they have to go with the name on birth certificate. That was only 2 letters difference but anyway.... Long story short, the only thing that was delayed is that he didn't have the same day oath ceremony. We got an Oath letter 1 week after interview and oath was in 3 weeks after interview. The judge was present and signed the change of name for everybody requested. We got the court certified order in 1 week after oath.
Our district is Norfolk, VA. I think everybody here has to go to court because there were 162 persons taking ath and only 5 had the name change but that's only my opinion.
 
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chicagomixed said:
Just after the interview I got the certificate quickly from a nearby county office and gave it to my wife when she was still in USCIS building. Then she wanted to pass it to the officer but he said that it's been processed now in "the computer" and he didn't take it.
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Looks like he won't be accommodating the name change, unless he was able to dig up an old copy of the certificate from the existing USCIS files and incorporate that into the processing.
Would you suggest mailing it to this officer in the situation or maybe use infopass and try to gave it to them during the meeting?
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Go to Infopass and see if you can find out which name will be on the certificate.
 
Hello All,

After doing a bit research today on internet, what I found is that ---

1. If you want to do name change BECAUSE of marriage --- If you present a marriage certificate at the time of interview (Doesn't matter where the certificate is from, whether USA or any other country).... than you most probably won't need a COURT ORDER......that means if the judge is present at the ceremony than a person can easily have the name change during the OATH CEREMONY, as well as , the oath won't get delayed.

2. But if you want to do name change other than marriage, than I think you have to have COURT ORDER, at the time of interview, otherwise they will ask you to come to the court for COURT ORDER and oath ceremony.

So I have decided that during my citizenship application I will put N/A in the name change section, but when officer asks for a name change than I will ask him/her about whether I will get same day oath or not.....(considering that I would not want to have the oath ceremony 1-2 months later....since I want to also file petition for my hubby......:):p)
Correct me if I am mis interpreting. .......

PS: I will post the exact experience as soon as I have my interview, and what officer has to say in this regard........till than I am floating here......just shoot a que, if u have....
HK
 
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konxvetka, I wonder if you could clarify a few things for me.
1. Did your husband have his oath ceremony in the DO or at the county courthouse?
2. Did he get his citizenship certificate right after the ceremony, or did he receive it in the mail together with the name change certificate?
3. Did he have to fill out additional forms and/or pay additional fees for the name change?

Thanks very much!
 
kruz_patz said:
So I have decided that during my citizenship application I will put N/A in the name change section, but when officer asks for a name change than I will ask him/her about whether I will get same day oath or not.....(considering that I would not want to have the oath ceremony 1-2 months later....
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Most places don't have same-day oath; people usually have to wait about a month anyway, even without a name change. But people with a name change might have that wait extended to 2-3 months.

So don't directly ask for same-day oath; show the marriage certificate and ask if you can get the name change without a judge at the oath. If same-day oath is available, and your case is approved on the spot, and you don't need a judge for your name change, they should give you an oath on the same day. If same day oath is not available, but you don't need a judge, you'll get the next regularly scheduled oath that has a spot available (which may be anywhere from a few days to about a month). If all the oaths in your area have a judge, regardless of name change, you can get the name change done with the oath.

If you will need a judicial oath for the name change, but regular oaths don't have a judge present, you either need to accept a (possibly) delayed oath to get one with the judge, or do the name change after the oath via a court process that is separate from naturalization. But if you do it via the separate court process, that could delay or complicate your husband's GC processing, so to avoid those delays you should wait until after your husband's GC is approved.
 
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Hi,

We have made an appointment for 12/09/09 via infopass. We'll try to pass them our marriage certificate that my wife didn't have during the interview. Hopefully it will accelerate the process.
 
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