N-400 change to married name, GC and passport in maiden name

I

ihelp555

New Member
Hello Folks,

I am getting ready to file my N-400 and needed some guidance on how to handle name change for my wife.

Here is some bacground...

My wife has her GC, Passport, DL, SSN and all other documents in her maiden name.

When applying for her citizenship, she would like to change to using her married name.

Few question when filling in N-400 from people who are in the similar situation as to what are the correct answers.

1) In my (Husband's) N-400 what should I mention under my wife's Current legal name. Will it be her married name or the maiden name per her GC and other docs. Note that we want to use married name for her citizenship application.
(I would think it would be her married name since she can choose to use that name legally by law)

2) What will be my wife's legal married name here in US? Will it be <GIVEN NAME> <MARRIED LASTNAME> or I can use <GIVEN NAME> <HUSBANDS NAME> <MARRIED LASTNAME> as is the custom in my family.

3) In my wife's N-400 app. under her current legal name can she mention her married name and mention her maiden name as it appers on GC under "Your name exactly as it appears on permanent resident card"? Will this be enough for the naturalization cert to be issued in her married name or I will have to use the "Name change" section.

Thanks in advance for all your responses.
 
If she hasn't already started using your last name, I would suggest continuing to use her maiden name until the end of the naturalization process, when she would get the naturalization certificate with her new name. So she would list her maiden name as her current legal name on the N-400, and request the new name in the spot on page 1 of the N-400 where it asks about name change.

Then at the interview, she would show the marriage certificate and explain that the name change is only to take your last name. That way the name change will be processed with a regular administrative oath, instead of a judicial oath (which often involves delays for an oath date). Once she completes the oath and has the naturalization certificate with her new name, she can use that certificate (along with the marriage certificate, where necessary) to get her other documents changed.
 
I am aware that N-400 has a section for the applicant to change his/her legal name. The issue here is that in my wife's case she can legally use her married name if she chooses to do so for example when opening a bank account and all that she needs is to provide the marriage certificate as proof. Similarly she can change her DL and SSN today by providing the same marriage certificate. She does not need a legal change of name to use her married name.

My understanding is that the name change section in N-400 is for people who want do not have any similar legal basis to use a new name and would like to change it.

Given above I read somewhere that in situation where the GC is in maiden name, a woman can specify her married name under "Your current legal name" (Part 3, line 1) and then provide the exact name as on GC under "Your name exactly as it appears on your PR card" (Part 3, line 2), attach marriage cert and other supporting documents with the application and if needed explain the change during the interview. Not sure if this is correct and if anybody as actually done this successfully.

I am not an expert hence trying to understand if this will work.
 
It is true that she can choose to begin using her name without any official name-change procedure. However, at this point with nothing in her married name, when she's about to go through the citizenship process, things can be made more straightforward if she keeps her maiden name until receiving the naturalization certificate.

Why is that? If she lists her married name on the N-400, the naturalization documents along the process will have that name. When she shows up for fingerprinting, interview, or Infopass inquiries, the name on her IDs won't match what is on her N-400 appointment letters, so she may find herself having to explain the discrepancy.

The other problem is that although she can probably change her name at the bank just with the marriage certificate and existing ID such as driver's license, government agencies like Social Security and DMV are more strict about it, and probably will demand to see an identifying immigration document with the new name, in addition to the marriage certificate. She won't have such an immigration document until she gets the naturalization certificate or a new green card.
 
Just to clarify:

When the DMV and SSA require an updated immigration document before processing a name change, that restriction is only for noncitizens. Citizens can get a new name on their SSN card and DL without having to show any immigration-related documents with the new name first.
 
You must log in or register to reply here.
Top