Name change during naturalization without federal court involvement

[nateshan]

Folks,

Thanks for taking the time to read my post.

My wife applied for a name change during naturalization. She changed her name from her maiden name to married name. However, her oath was not administered at a federal court. She took her oath at a public ceremony. At the time, We did not know that the oath should have be administered by a federal judge for name change cases. Now that her name was changed and her naturalization certificate reflects her married name, How can I register this name change in a federal court? Can I apply for a standard name change in the federal court to keep things in sync?

She already has her passport, ssn and drivers license with her new name.

I went to the local USCIS and they told me that they do not see the name change request in the application. They told me to apply for a FOIA request and then bring the proof as they don't have the file anymore.

The problem that I have right now is that we do not have a document proof that shows her name was changed from maiden name to married name during naturalization.

Many Thanks,
nate.

 

[Jackolantern]

If the name change is only to take your last name, it doesn't need to be done in court. The marriage certificate will serve as evidence of the connection between her maiden name and new last name.

 

[Bobsmyth]

The problem that I have right now is that we do not have a document proof that shows her name was changed from maiden name to married name during naturalization.

.

It didn't change at naturalization, it changed when she got married. A wife taking her husband's last name at marriage does not require legal name change request in court.

 

[nateshan]

Thanks for the responses. My wife's name did not change after marriage in any of the documents (passport, Green Card etc) for 7 years. During the naturalization process she changed her name. In my tradition, wife takes the husbands first name as her last name.

Also, We got married in India. There is no specific mention of any name changes in the marriage certificate.

Would it still be okay to not get a legal name change request in court? Please Advice.

 

[Jackolantern]

She could still pursue an official name change in the local court, but it's probably unnecessary. Even if the marriage certificate doesn't specifically state the name change, a married woman can invoke a name change merely by taking her husband's last name and using it consistently. If she ever has a problem, it would only be because she took your first name to be her last name, instead of the usual custom in America of taking the husband's last name. But you said she already has her SSN, passport, and DL with her new name, so it hasn't been a problem, and with those three documents having her new name she'll rarely have to refer to or explain the name change again.

 

[Bobsmyth]

Thanks for the responses. My wife's name did not change after marriage in any of the documents (passport, Green Card etc) for 7 years. During the naturalization process she changed her name. In my tradition, wife takes the husbands first name as her last name.

Also, We got married in India. There is no specific mention of any name changes in the marriage certificate.

Would it still be okay to not get a legal name change request in court? Please Advice.

You mentioned she already has US passport, ssn, and DL in her new name. Was she required to show any name change papers to obtain those documents, correct?

 

[nateshan]

You mentioned she already has US passport, ssn, and DL in her new name. Did wasn't required to show any name change papers to obtain those documents, correct?

Folks, Thanks for you time and responses.

The Naturalization certificate was enough to get the Passport and SSN (name changed on SSN). Passport was used for Drivers License name change.

Now, I wanted to apply for an OCI card from India, The customer support rep from Travisa told me that they would need a marriage certificate or court order. I think I can get it done using the marriage certificate and a notarized letter.

But, I am concerned about issues that may arise when it comes to right of survivership (in case of my death and related benefits), Property inheritance in India, Bank accounts name change in india etc.

So it sounds like it will be safe to get the name change registered in court?

Many Thanks for your time and attention.
Nate