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Name change during naturalization is causing problem with OCI processing
- Thread starter sanfranciscooci
- Start date
nvk2003usa
Registered Users (C)
My wife applied for last name change (spouse's last name) in N-400 application. During the interview, the IO decided no Name Change certificate needed (based on Indian marraige certificate).
She completed oath yesterday. Naturalization certificate issued on new last name without any name change document. Does she face any issues with changing name on licence, SSN and getting OCI card?
Passport shouldn't be an issue. But I am not sure about other name change procedures. Shall I apply for legal name change through court?
Please share your experience if you are in the same boat.
She completed oath yesterday. Naturalization certificate issued on new last name without any name change document. Does she face any issues with changing name on licence, SSN and getting OCI card?
Passport shouldn't be an issue. But I am not sure about other name change procedures. Shall I apply for legal name change through court?
Please share your experience if you are in the same boat.
My wife applied for last name change (spouse's last name) in N-400 application. During the interview, the IO decided no Name Change certificate needed (based on Indian marraige certificate).
She completed oath yesterday. Naturalization certificate issued on new last name without any name change document. Does she face any issues with changing name on licence, SSN and getting OCI card?
Passport shouldn't be an issue. But I am not sure about other name change procedures. Shall I apply for legal name change through court?
Please share your experience if you are in the same boat.
I am also in same boat and here is my experience so far:
SSN -> just bring your Naturalization Certificate with all other required documents. (Name change letter is not one).
DL -> just bring your Naturalization Certificate with all other required documents. (Name change letter is not one).
OCI -> Send self attested copy of marriage certificate and notarized name change affidavit (available on consulate website) with all other required documents. (Name change letter is not one). (This is for SFO consulate other may differ).
Over all I haven't faced any requirement for Name change certificate (or letter) from N-400 process, my guess is lot of folks will not get it.
When we went to SSA office with US passport to change the name on SSN card and citizenship for wife they asked for Naturalization certificate along with court order. I went again with Naturalization certificate( no court order/didn't get one). Called the district federal court to make sure if they have one. They verified that name is changed based on marriage certificate and no court order is available.
Went to SSA website took a print out of the required documents for Name change:
one of them is listed as Naturalization Certificate ; or court order.
Next day same lady again asked for the court order. I said don't have one and showed the SSA website check list. She checked with supervisor and took the application. She is not happy( who cares!!).
So, I would suggest take the naturalization certificate -- which is a must. Take also print out of name change doc list from SSA website.
Went to SSA website took a print out of the required documents for Name change:
one of them is listed as Naturalization Certificate ; or court order.
Next day same lady again asked for the court order. I said don't have one and showed the SSA website check list. She checked with supervisor and took the application. She is not happy( who cares!!).
So, I would suggest take the naturalization certificate -- which is a must. Take also print out of name change doc list from SSA website.
My wife applied for last name change (spouse's last name) in N-400 application. During the interview, the IO decided no Name Change certificate needed (based on Indian marraige certificate).
She completed oath yesterday. Naturalization certificate issued on new last name without any name change document. Does she face any issues with changing name on licence, SSN and getting OCI card?
Passport shouldn't be an issue. But I am not sure about other name change procedures. Shall I apply for legal name change through court?
Please share your experience if you are in the same boat.
brokenarrow
Registered Users (C)
I got a name change court order. The assistant clerk at the court specifically said that the NC and the name change court order go together.
SSN received..
Finally SSN card received with name change.
Finally SSN card received with name change.
When we went to SSA office with US passport to change the name on SSN card and citizenship for wife they asked for Naturalization certificate along with court order. I went again with Naturalization certificate( no court order/didn't get one). Called the district federal court to make sure if they have one. They verified that name is changed based on marriage certificate and no court order is available.
Went to SSA website took a print out of the required documents for Name change:
one of them is listed as Naturalization Certificate ; or court order.
Next day same lady again asked for the court order. I said don't have one and showed the SSA website check list. She checked with supervisor and took the application. She is not happy( who cares!!).
So, I would suggest take the naturalization certificate -- which is a must. Take also print out of name change doc list from SSA website.
Finally SSN card received with name change.
How did you solved your problems
Dear N-400 applicants,
Tired to worry about the status of my case, I decided to conduct my own research and here is what I have found:
Note: My research only focused on those applicants that did not have same day Oath ceremony and for various reasons had B) checked on their N-652 from.
“B) _A decision cannot yet be made about your application.”
1. The Interview and tests of English and U.S. history and government that is given to all N-400 applicants is one of the final steps on a Naturalization process. Applicant’s who are not denied the citizenship at the interview, after a successful completion of the tests the Immigration officer presiding hands out the form N-652-Naturalization Interview Results.
2. A successful completion of the examination (tests) by itself initiate the 120 days that the USCIS is required by law to make a final decision on any pending case. “Section 1447(b) reads as follows: If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.”
3. Now the question rise on how the applicant can be certain that the USCI is working on his/hers application. Because of the hardship such as inability to vote or serve on juries, apply and work for a federal government agency, take any work trip abroad-fear to miss oath ceremony, schedule a vacation or send an invitation for family members to attend the oath ceremony caused by delayed final decision, oath letter and oath ceremony date, the applicant may feel compelled to inquire about the most current status of the application.
4. How the applicant can get the most updated status about the pending case?
A) Mail a request of your application status to USCIS. In most cases your mail will not be replied unless if 120 days have passed since your interview. Here is the quote from USCI web site: paraphrased, “unless a case is outside of the processing time we will not research a particular case.”
B) Call 1-800-375-5283 the USCIS after you give the USCIS representative your receipt number he/she will key in the number on the USCIS web site and read the outdated case status that you can read by yourself at any computer with an internet access, not helpful at all.
C) INFOPASS, nightmare if your case is still within processing time most of the time the Immigration officer presiding will give you general information and nothing specific about your individual case.
D) Seek help from your STATE SENATOR doing so, even if your case is still within processing time in most cases you’ll get personalized information about the current status of your application.
NOTE: As I find more information I’ll keep you updated.
Wave
An N-400 applicant
Tired to worry about the status of my case, I decided to conduct my own research and here is what I have found:
Note: My research only focused on those applicants that did not have same day Oath ceremony and for various reasons had B) checked on their N-652 from.
“B) _A decision cannot yet be made about your application.”
1. The Interview and tests of English and U.S. history and government that is given to all N-400 applicants is one of the final steps on a Naturalization process. Applicant’s who are not denied the citizenship at the interview, after a successful completion of the tests the Immigration officer presiding hands out the form N-652-Naturalization Interview Results.
2. A successful completion of the examination (tests) by itself initiate the 120 days that the USCIS is required by law to make a final decision on any pending case. “Section 1447(b) reads as follows: If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.”
3. Now the question rise on how the applicant can be certain that the USCI is working on his/hers application. Because of the hardship such as inability to vote or serve on juries, apply and work for a federal government agency, take any work trip abroad-fear to miss oath ceremony, schedule a vacation or send an invitation for family members to attend the oath ceremony caused by delayed final decision, oath letter and oath ceremony date, the applicant may feel compelled to inquire about the most current status of the application.
4. How the applicant can get the most updated status about the pending case?
A) Mail a request of your application status to USCIS. In most cases your mail will not be replied unless if 120 days have passed since your interview. Here is the quote from USCI web site: paraphrased, “unless a case is outside of the processing time we will not research a particular case.”
B) Call 1-800-375-5283 the USCIS after you give the USCIS representative your receipt number he/she will key in the number on the USCIS web site and read the outdated case status that you can read by yourself at any computer with an internet access, not helpful at all.
C) INFOPASS, nightmare if your case is still within processing time most of the time the Immigration officer presiding will give you general information and nothing specific about your individual case.
D) Seek help from your STATE SENATOR doing so, even if your case is still within processing time in most cases you’ll get personalized information about the current status of your application.
NOTE: As I find more information I’ll keep you updated.
Wave
An N-400 applicant
Steps you need to follow if the name in the US passport does not match the name in the Indian passport - and you wish to apply for an OCI.
DISCLAIMERS :
a.) This process worked for me and my spouse as of Q2-2009. In the future, the Consulate General's office may change their requirements
b.) Our applications were made to the SFO Consulate General's Office.(As part of the process, I contacted the NY office - and found to my surprise - that the process was not consistent.)
STEPS:
a.) After your legal name change - via a court order or part of the naturalization process, place a newspaper announcement of the name change in a local US newspaper (where you live today) as well as a newspaper in India (preferably in the city where your Indian passport shows you were domiciled)
b.) I used the following template "Vide certificate <Certificate #> issued by the <County-Name> County District Court in <City> <State>, I hereby announce that I have changed my name from <Old Name> to <New Name> on MMM, DD YYYY."
c.) Submit your application / passports / applicable fees, the two newspaper (one US and 1 from India) pages alongwith the notorized "Change in Name" Affidavit (link found on SFO/CGI website under OCI / The Process)
NOTES :
1.) The first time I sent in the application, I did not place the ads but sent in the certified copy of the name change document (County Court Order). While this may be (cant say for sure) acceptable to the NY CGI, the folks in SFO sent my application back requesting I place newspaper ads.
2.) The next time around, I placed the ads and the local newspaper gave me a notorized "Affidavit of Publication". I included that as part of my application, but that did not meet the requirements either. They wanted the physical copy of the newspaper - with the announcements marked. So the second application was returned as well.
3.) The third time was lucky (or they got tired), when I included the newspaper announcements.
4.) When placing the ad in the US, the local newspaper placed it based on my email to them with no requirement of any supporting document. However when placing the announcement in India, Indian Express/TOI agreed to place the announcement only after a copy of the court order document was shown to the agent. So to avoid any hassle - you may want to simply scan and send a copy of the name change court order to the folks in India placing the ad for you.
5.) This process works even if you entirely changed your name i.e. <First Name> and <Last Name>
Good Luck !
Is the below the format for the advertisement or the affidavit?
"Vide certificate <Certificate #> issued by the <County-Name> County District Court in <City> <State>, I hereby announce that I have changed my name from <Old Name> to <New Name> on MMM, DD YYYY."
TensedAlways
Registered Users (C)
Is this a result of a name change? If so, you should have received a court order at some point.
If you did not have a name change, then sounds like it's just the way you filled out your US passport application. You must have omitted the middle name/middle initial. In such a case, you can try to submit a notarized affidavit saying that you are indeed the same person. Also include a cover letter explaining what exactly happened. If the US passport application has middle name as optional, then it's not really a name change. It's just the way you chose to fill out your US passport application. Not sure how much this helps. Please let us know how you make out. Good luck.
I emailed the SF CGI office and asked this specifically.According to them they said that this is considered a name change
here is the official response from them
"
It is considered a name change and you need to give one ad in Indian newspaper and one ad in US newspaper, and submit your application along with Affidavit for name change."
deerskin2005
New Member
Dear starwars
What newspaper did you use near San Francisco? What was the language used ? ( I do not have any certificate or court order -
Indian passport name was AA BBCC and from time of applying for green card, I used BB AA for US docs and hence there was no
change of name doc/court order in US
What newspaper did you use near San Francisco? What was the language used ? ( I do not have any certificate or court order -
Indian passport name was AA BBCC and from time of applying for green card, I used BB AA for US docs and hence there was no
change of name doc/court order in US
Hi everybody
My husbands US passport does not have his middle name kumar. Will this be a problem? We are planning to apply for our OCI. All his other important documents have the middle name. He didn't apply for any name change. Should we apply for passport renewal?
Thank you.
My husbands US passport does not have his middle name kumar. Will this be a problem? We are planning to apply for our OCI. All his other important documents have the middle name. He didn't apply for any name change. Should we apply for passport renewal?
Thank you.
Hi everybody
My husbands US passport does not have his middle name kumar. Will this be a problem? We are planning to apply for our OCI. All his other important documents have the middle name. He didn't apply for any name change. Should we apply for passport renewal?
Thank you.
My husbands US passport does not have his middle name kumar. Will this be a problem? We are planning to apply for our OCI. All his other important documents have the middle name. He didn't apply for any name change. Should we apply for passport renewal?
Thank you.
If there is *any* mismatch in names between the US Passport and the Indian passport, the Indian Counsulate in SF will ask for the affidavit + newspaper ads. This includes the case where the middle name is dropped in the US passport. I have the same issue and here is what I am doing to correct it.
a) I am applying for a formal court order for a name change. This will anyway help me to have documentation for the future. Part of the frmally getting the court order for the name change is a news paper ad in the US - so that gives me one of the ads in the US newspaper.
b) I will also sign the affidavit
c) I will place an ad in an Indian news paper (havent figured that out)
d) I will resend my documentation with the court order, affidavit and newspaper ads from US and India
Hopefully that will satisfy the counsulate.
a) I am applying for a formal court order for a name change. This will anyway help me to have documentation for the future. Part of the frmally getting the court order for the name change is a news paper ad in the US - so that gives me one of the ads in the US newspaper.
b) I will also sign the affidavit
c) I will place an ad in an Indian news paper (havent figured that out)
d) I will resend my documentation with the court order, affidavit and newspaper ads from US and India
Hopefully that will satisfy the counsulate.
OCI- insignificant difference in candian and indian passport names
Hey all,
i recently got my canadian citizenship and now planning to apply for OCI. in my indian passport my name is sajankumar ghanshyambhai patel. and the passport i got from canada has sajan patel only. i know this will cause me problem when i apply for OCI. can anyone of you tell me the easiest way to get over with this problem.
Note: i gave my school documents to change my name to sajan patel when i apply for canadian citizenship.
Thankyou,
Sajan Patel
Hey all,
i recently got my canadian citizenship and now planning to apply for OCI. in my indian passport my name is sajankumar ghanshyambhai patel. and the passport i got from canada has sajan patel only. i know this will cause me problem when i apply for OCI. can anyone of you tell me the easiest way to get over with this problem.
Note: i gave my school documents to change my name to sajan patel when i apply for canadian citizenship.
Thankyou,
Sajan Patel
OCI - Name difference on Indian vs US passport
I have a totally opposite situation here than most others have mentioned about. I'm preparing my application for OCI (Washington DC)
My Indian passport has my name as FirstName LastName. During my naturalization interview the officer said that my father's name has to be included in my name else it'll be termed as a name change. My birth certificate has my name as FirstName MiddleName(fathers name) LastName which triggered this during the interview. Now my US passport has my name as FirstName MiddleName LastName. As per the OCI requirements, if the name on Indian passport does not match the US passport, they are asking for more documentation.
Basically, the Indian passport office missed this and now the same guys are asking for more documentation. Can somebody tell me if this scenario of mine falls in the NAME CHANGE category. I can send a copy of my birth certificate which would clear up all confusion.
I've emailed TRAVISA and Washington DC consulate services and haven't heard anything from them.
Will keep you guys updated once I hear something concrete.
I have a totally opposite situation here than most others have mentioned about. I'm preparing my application for OCI (Washington DC)
My Indian passport has my name as FirstName LastName. During my naturalization interview the officer said that my father's name has to be included in my name else it'll be termed as a name change. My birth certificate has my name as FirstName MiddleName(fathers name) LastName which triggered this during the interview. Now my US passport has my name as FirstName MiddleName LastName. As per the OCI requirements, if the name on Indian passport does not match the US passport, they are asking for more documentation.
Basically, the Indian passport office missed this and now the same guys are asking for more documentation. Can somebody tell me if this scenario of mine falls in the NAME CHANGE category. I can send a copy of my birth certificate which would clear up all confusion.
I've emailed TRAVISA and Washington DC consulate services and haven't heard anything from them.
Will keep you guys updated once I hear something concrete.
Most people don't understand the concept of middle name. Middle Name is the person's own name. But in India it is different. There is no middle name.
The full name in India includes father's/husband's name.
------ It depends on Indian state. in North India if one has Name as Mamohan Singh then Manmohan is First Name and Singh is Last name and no father name in Middle. if one has full name as Jagjeet Singh Gill then the first name is Jagjeet , Middle name is SINGH and Last name is GILL. in this situation SINGH is NOT father name. In states like Maharastra, Gujarat only they add the the middle name of Father and it will be like: JAGJEET SINGH RAM SINGH GILL (Ram Singh is father name). The lady who has her name as Hema Malani Before marriage and gets Married to Dharmender Singh Deol then her Name in Maharashtra or Gujarat can be Hema Malini Dharmender Singh Deol.
It should not be considered as middle name.
HParul, so when you applied for OCI, did you application not move any further then consulate?
------------------------
I have a totally opposite situation here than most others have mentioned about. I'm preparing my application for OCI (Washington DC)
My Indian passport has my name as FirstName LastName. During my naturalization interview the officer said that my father's name has to be included in my name else it'll be termed as a name change.
---May be on your I-485 you wrote your name that includes your father name.
My birth certificate has my name as FirstName MiddleName(fathers name) LastName which triggered this during the interview.
---USCIS goes by your Birth certificate and not by your Indian passport.
Now my US passport has my name as FirstName MiddleName LastName. As per the OCI requirements, if the name on Indian passport does not match the US passport, they are asking for more documentation.
---------------They are correct. provide the copy of your Birth certificate and Copy of your Educational certificates.
Basically, the Indian passport office missed this and now the same guys are asking for more documentation.
----- you were supposed to correct your Indian passport if the correct name was not written.
Can somebody tell me if this scenario of mine falls in the NAME CHANGE category. I can send a copy of my birth certificate which would clear up all confusion.
----------------Send the copy of Birth certificate and explain the situation on Cover letter.
I've emailed TRAVISA and Washington DC consulate services and haven't heard anything from them.
Will keep you guys updated once I hear something concrete.
------------- Keep us updated.
I have an update. Didn't get any reply to my email to the consulate & Travisa. Finally got on the phone with Travisa services (OCI division).
They confirmed that I wouldn't have a problem with my OCI taking into account the name differences between my Indian & US passport.
Hope this helps people in the same boat.
They confirmed that I wouldn't have a problem with my OCI taking into account the name differences between my Indian & US passport.
Hope this helps people in the same boat.