Full name not matching US & Indian PP - question for the gurus

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chola

Registered Users (C)
Having become a US citizen & recd the US PP it may be a bit late to bring this up.....nevertheless want to hear from the gurus.

I did not go through a name change during the GC/US citizenship process.

My Indian PP has 2 middle names. All my US documentation SS, DL, GC, US PP have always had 1 middle name only. I just conveniently dropped the other one. This was not an issue during the naturalization process as well.

Is this a name change? will the OCI guys have a problem with the names not "exactly matching" in the 2 passports? Should I get a court order?
thx
chola
 
It is a change however. I should've insisted on a legal name change to make it legit. I plan to go to my county court house tomorrow to see what they can do to give me a court order that ties my previous full legal name and the current one as it appears on the US passport.
I hope they help me out.
chola
 
If you legally get your name change, then it is a different. Not using one of your 2 middle names is a different scenario.

chola said:
It is a change however. I should've insisted on a legal name change to make it legit. I plan to go to my county court house tomorrow to see what they can do to give me a court order that ties my previous full legal name and the current one as it appears on the US passport.
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All you have to do is to make sure to list the full version of your name on the N-400 where it asks for your current legal name. Then list it with just one middle name where it asks for the name as displayed on the GC. Don't worry about it. It is very common for the second (or third or higher) middle name to be omitted from official documents, as most documents only require one middle name or just the middle initial.

It is a change however. I should've insisted on a legal name change to make it legit. I plan to go to my county court house tomorrow to see what they can do to give me a court order that ties my previous full legal name and the current one as it appears on the US passport.
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That is totally unnecessary, unless your birth certificate does not have the secondary middle name and you want the second middle name to be on your naturalization certificate and US passport.
 
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Jacko, I did NOT list the 2nd middle name as the Full Legal name on the N400 - looking back thats an error!! The IO looked at my Indian passport and asked if I needed a name change. I said No. Got my Nat cert & the US passport with just 1 middle name.

Now when I look at the OCI forum, it looks like the Indian Embassy folks want a Court Order & even demand a newspaper advertisement in the US and in India if the names do not exactly match in the 2 passports. Thats when I realized I needed something with a court seal - a sworn declaration maybe?

I spoke to the Clerk of Court in the small town where I work, she wanted to help but not sure how. She referred me to an Attorney. He understood everything I said. He agrees that it is more to do with a cultural practice in different parts of the world. My birth certificate does NOT have my 2nd middle name and that helps. He actually said the North Carolina law for name change does NOT stipulate anything persons born outside the 50 states. But I am not changing the name, and he agrees.

He is going to try to get me an affidavit that I will swear with both my names as it appears on both passports plus basic info such as birth date, place, address etc., and try to get a Court's Seal. A bit tricky. Just playing it safe.
thx
chola
 
chola said:
My birth certificate does NOT have my 2nd middle name and that helps.
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That means USCIS would not consider the 2nd middle name to be part of your legal full name, unless you did a legal name change to add that name. So if you want to live without that extra middle name, you don't need to do anything more as far as the US is concerned.

But your problems may lie with the Indian govt. if they are requiring matching names for the OCI/PIO/visa.
 
I might have a similar problem. On my Indian passports, my current US middle name is shown as my alias (with an @ in front of it), so when I apply for an Indian visa or OCI or something, I'm wondering if it'll be an issue. I can apply for my US passport without my middle name, but I'd rather include it. So, I'm not sure. I'll cross that bridge when I come to it, though.
 
The 2nd middle name is a part of my Indian Legal name as it is listed in the Indian PP. It is Not in the birth certificate, and thats probably why the IO didn't proceed with a name change.

So there's a possibility the OCI/PIO guys might make an issue and actually call it a "name change". I hope the attorney here can get me an affidavit that ties the names together with the court's seal on it. Not sure what the charges are going to be :)
thx
chola
 
chola said:
The 2nd middle name is a part of my Indian Legal name as it is listed in the Indian PP. It is Not in the birth certificate, and thats probably why the IO didn't proceed with a name change.
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But your legal name as recognized by USCIS is the name on your birth certificate unless there is a legal action such as a court-ordered name change or marriage that changed it to something other than what is on your birth certificate. Names on foreign passports often have clerical errors, cultural variations on the spelling or ordering, name shortening, inclusion/exclusion of names, etc. so they don't see the foreign passport as the gold standard for your legal name.
 
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It is exactly what you say - the cultural variation part - inclusion of my dad's first name along with my middle name - that is causing the discrepancy.
I agree with your analogy, but the Babu in the embassy however could see the PP as the gold standard for OCI issuance.

I was wondering if I can go back to the USCIS DO in Durham, and request them to help me get me a court order with the change. This will really seal the deal for me. Do you think they'll even talk to me - I'm no longer an alien? I can get an infopass and seek their help can't I?
thx
chola
 
chola said:
I was wondering if I can go back to the USCIS DO in Durham, and request them to help me get me a court order with the change. This will really seal the deal for me. Do you think they'll even talk to me - I'm no longer an alien? I can get an infopass and seek their help can't I?
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Nope. Once your naturalization is completed, the only thing USCIS can do about your name is (1) change the name on your natz certificate if the name is in error or (2) provide a replacement naturalization certificate after you have done a US-recognized post-naturalization legal name change. (1) doesn't apply, because it matches your birth certificate.

Maybe what you should do is just go ahead and apply for the OCI, and deal with the name problems if/when the Indian Embassy gives you a problem. Right now you're assuming problems which are not guaranteed to occur.
 
Just being extra careful after reading the OCI forum. My father-in-law is an attorney in India and says I shd've talked to him before taking the oath. He says he could've had the name corrected with a Magistrate in India in a day. Hindsight 20/20 !!

I hope to get this notarized affidavit drafted from the attorney in town that ties my names together as they appear in both passports. He's going to try to get the clerk of the court to sign it as well. Awaiting his call.

I am going to include this affidavit with the OCI application....and see what happens. If they insist on a court notice for a name change, I am totally screwed. Just don't have a clue as to how to go about it.
thx
chola
 
I totally agree with Jack. Dropping a second or third name may not result in any problem. Apply for OCI and hope for the best.
 
Thanks Madh4 & Jack....I hope you guys are right and they don't make a big deal about it. Here's the actual verbage from the India Embassy OCI page.
chola
****************************************

Name Change

IF YOUR NAME IN YOUR US PASSPORT IS DIFFERENT FROM THE ONE IN THE INDIAN PASSPORT:

a. In case of name change due to marriage please submit notarized copy of the marriage certificate and first 2 pages of spouse passport

b. Otherwise YOU ARE REQUIRED TO ADVERTISE CHANGE OF NAME IN A NEWSPAPER IN YOUR LOCALITY IN USA, AND IN INDIA.

c. In both a and b cases please COMPLETE AND NOTARIZE THE CHANGE OF NAME (pdf file) AFFIDAVIT. (Hyperlink to PDF)
 
NEW PROBLEM/QUESTION: need help. Experts help!!
I have interview on June14th and I booked my India trip tickets on July 8th. Will I be able to get US passport prior to my travel on July 8th?
Am I allowed to travel after interview waiting for Oath? (As u know some times Oath can take weeks after interview).
Without Oath, I am not allowed to use INdian passport to travel right?
Is it good idea to postpone my interview now and go to India and then attend interview?
If Interviewer asks me why I made travel between just prior to interview, I can give my reasons ( family member sick)?
I would rather not cancel my India trip for various reasons (booked vacation time at job, anticipation of kids to the vacation, family member not well in India).
 
chola said:
I am going to include this affidavit with the OCI application....and see what happens.
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Don't do that. That just brings attention to the issue. Just go ahead and apply as if nothing is wrong, and they will contact you if they have a problem.
 
Amma9 said:
Am I allowed to travel after interview waiting for Oath? (As u know some times Oath can take weeks after interview).
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Yes you can travel between the interview and oath.

Without Oath, I am not allowed to use INdian passport to travel right?
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The opposite. Once you take the oath, you cannot use your Indian passport to travel; you will need a US passport. So if you have travel plans for a few weeks after the interview, and those plans would require getting an Indian visa or OCI/PIO, ask the interviewer to delay the oath until some date after you return to the US, so you can still use the Indian passport for that trip. They won't give you a specific oath date, but they'll most likely cooperate to ensure the oath date will be after a given date.

If you have any more questions on this, please start your own thread.
 
Thanks so much for you prompt reply and clarification.
So I can use my Indian passport and GC to travel after interview and Oath? please confirm. Thanks
Jackolantern said:
Yes you can travel between the interview and oath.


The opposite. Once you take the oath, you cannot use your Indian passport to travel; you will need a US passport. So if you have travel plans for a few weeks after the interview, and those plans would require getting an Indian visa or OCI/PIO, ask the interviewer to delay the oath until some date after you return to the US, so you can still use the Indian passport for that trip. They won't give you a specific oath date, but they'll most likely cooperate to ensure the oath date will be after a given date.

If you have any more questions on this, please start your own thread.
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After your oath, you are NO MORE an Indian citizen, so you CANNOT use your Indian passport and GC as an American. You can use your Indian passport and GC anytime BEFORE your oath since you are still an Indian citizen then.
 
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