N-400 name change request question

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freenation

Registered Users (C)
I am posting this same question to the main forum.

Yesterday (Saturday 28th March) myself and my wife got the interview letters.
My interview is on 26th May at 10:20 AM. My wife's interview on the same day at 10:00 AM.

I have couple of questions:
1) My wife has opted for the name change in N400 form. If she passes the interview will she be consider for the same day oath ceremony or she needs to wait?
2) If she needs to wait for the oath ceremony then can she request the officer to uncheck (opt out) the name change request and opt for the same day oath?
Is it advisable and no harm or consider as negative point?

I really appreciate everyone for your guidance and thanks a lot for your support.

Freenation.
 
You cannot do a name change with a same-day oath since this type of oath is administered by the USCIS and they don't have the authority to change someones name. I can imagine that in an area where most oaths ceremonies are administrative ones, there could be a fair wait until the next ceremony in front of a judge (at which a name change is permitted).

Your wife can amend her request at the interview without issue.
 
My wife's name on her GC was her maiden name and her name on our marriage certificate was her maiden name and my last name. The USCIS officer changed it on the form during the interview to ensure that the naturalization certificate had the same name as on the marriage certificate. It wasn't much of an issue at all even though we thought it may become one. We both passed the interview and did the oath on the same day. This is just our experience in the Washington DC DO - it may or may not be representative. It just wasn't a big issue.
 
NewRunner said:
My wife's name on her GC was her maiden name and her name on our marriage certificate was her maiden name and my last name. The USCIS officer changed it on the form during the interview to ensure that the naturalization certificate had the same name as on the marriage certificate. It wasn't much of an issue at all even though we thought it may become one. We both passed the interview and did the oath on the same day. This is just our experience in the Washington DC DO - it may or may not be representative. It just wasn't a big issue.
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Thx..
 
NewRunner said:
My wife's name on her GC was her maiden name and her name on our marriage certificate was her maiden name and my last name. The USCIS officer changed it on the form during the interview to ensure that the naturalization certificate had the same name as on the marriage certificate. It wasn't much of an issue at all even though we thought it may become one. We both passed the interview and did the oath on the same day. This is just our experience in the Washington DC DO - it may or may not be representative. It just wasn't a big issue.
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I think that worked for you because the marriage certificate had both the maiden name and new last name, so the name change already effectively occurred with the marriage. The IO was just changing the paperwork to reflect the new name she already got, rather than actually invoking a legal name change on the same day.
 
i requested a name change also and i a have an interview next week i am in chicago and there is about ten or more oath cermonies in the chicago ( court cermonies ) in april should i expect the oath letter same day or they might hold my case for the name change cause i heared they do a namecheck on the new name also .
 
NewRunner said:
My wife's name on her GC was her maiden name and her name on our marriage certificate was her maiden name and my last name. The USCIS officer changed it on the form during the interview to ensure that the naturalization certificate had the same name as on the marriage certificate. It wasn't much of an issue at all even though we thought it may become one. We both passed the interview and did the oath on the same day. This is just our experience in the Washington DC DO - it may or may not be representative. It just wasn't a big issue.
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That's because your wife already legally changed her name at marriage. That's why they can just uses her new last name and that should be the CORRECT LEGAL name to use anyway since your wife already changed her name at marriage.
 
I believe you'll have to appear in court to change last name, then they will process our interview.
 
bestpal said:
That's because your wife already legally changed her name at marriage. That's why they can just uses her new last name and that should be the CORRECT LEGAL name to use anyway since your wife already changed her name at marriage.
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You are quite right and I wouldn't normally have given it a second thought. The only issue in our case was that our marriage pre-dated our GCs by about 5 years, and the GC was issued to my wife using only her maiden name, because that's what she was known by at her employer, even though her legal name during the I-485 process included my last name. I just don't think the employer's law firm used her full legal name when they filed the I-485.

We weren't sure if that would trigger some kind of name change paperwork when the USCIS officer saw the marriage certificate. But now that you mention it, since the legal name was on the marriage certificate, the USCIS officer was only reflecting that legal name on the naturalization certificate.

Thanks for the clarification - you learn something new everyday on this forum! :)
 
wife last name change at n-400 interview

Dear Newrunner, Gurus:

We have our n-400 interview in Newark soon. We are wondering if we can do my wife last_name change using our original native country marriage certificate as the evidence and basis. In summary, our original native country marriage certificate already shows my wife first_name and then my last_name (which is also the last_name my wife now wants to change to in the naturalization interview).

Fyi her home country passport as also her US greencard shows her maiden last_name only (since being young we never took the trouble since beginning when we married to replace her maiden last_name going forward with my last_name even in our home country and before coming to the US). Finally the naturalization interview offers a good chance at minimal cost but as long as do not want get further delayed in the judicial oath name change process.

Our question hence is if she shows the IO her original native country marriage certificate as basis (which but was issued several years back to us when we married in our native country), will the IO at that point change her current maiden last_name as reflected in her US greencard/other USCIS documents to her new desired last_name (my) - as reflected within our prior home_country marriage certificate, and then still NORMALLY PROCESS US THRU THE SAME DAY ADMINISTRATIVE OATH PROCESS, VERSUS ROUTING US TO THE SEPARATE "UNDER JUDICIAL-OATH NAME CHANGE PROCESS"??

FYI, this question above came up from what i saw written in the 'M-476, A Guide to Naturalization' posted on USCIS website on this subject, quoted below:

18. Can I change my name when I naturalize?
Congress did not give USCIS legal authority to change a person’s name when that person naturalizes. Therefore, there are only two ways that USCIS can issue your Certificate of Naturalization under a new name:

1. If you present proof that you have already changed your name according to the legal requirements that apply to persons living in your State, USCIS can issue the Certificate of Naturalization with your new name. Such proof might include a marriage certificate or divorce decree showing that you changed your name when you married or divorced. It might also include some other State court order establishing that you changed your name.

2. If you are going to take the Oath of Allegiance at a Naturalization Ceremony that is held in Court, you may ask the Court to change your name. If the Court grants your request, your new name will appear on your Certificate of Naturalization.
 
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