Name change experience and Advice needed..

S

SRK_CLT

Registered Users (C)
My wife still has/kept her maiden name (her last name was never changed to my last name)

While applying for the passport initially (in India) she applied with her maiden name. H4 visa is with her maiden name. Even when applied for GC we continued the same. We continued this to avoid headaches. So she got her GC with her maiden name. So all her records (Passport, SSN, Driving license/learner permit, GC, House deed) are with her maiden name.

Now it is time to apply for Naturalization.

I am debating whether to continue/apply for naturalization with her maiden name (with out name change)? OR should go ahead and apply for the name change now?

Any advantages/headaches??

What experts advise??

Any one experienced any problem (delays, unnecessarily calling for name check headache) etc??

I am leaning to go for name change if there are no issues.

In either way what should I mention her Legal name (Maiden Name??) in N400 application form?

Thanks a lot for your time.

--SRK
 
Although I don't have experience with name change I am in the exact same situation as you are. I could have written that post of your's myself! My wife has her mainden for the exact same reasons as yours.

When we filed N-400 we opted not the change the name assuming that a name change will delay name checks and oath ceremony etc. But it appears that a name change has nothing to do with name check and we have decided to opt for name change since she will be asked about name change once again during the interview.

I also read elsewhere in this forum that if the oath ceremony is presided by a judge then name change should not delay oath ceremony. In my DO I know for sure that all oath ceremonies are presided by a judge so I assume my wife's name change will not delay the oath ceremony.

During my oath ceremony I also talked with one officer from USCIS explaining my wife's situation regarding name change and asked her if the decision to change name would delay her oath ceremony and the officer told positively that name change would not delay the oath. Again, this may hold good for my DO(Albany, NY) and you may want to do some research on your DO.

We have decided to go ahead with name change since it will save lot of time and $$ compared to changing the name legally through the court later. I have heard that changing name during naturalization is the most easy and hassle free way to do.

Hope this helps.
 
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We have opted for name change as well. We are in Dallas DO. Based on the info I have seen in the forum, can't say if there is a delay or not. Well its well worth in my opinion. MASTERUSA is 100% correct, its the most hassle free way to get it done.
 
What for??

Why do you people want to change name, in the first place?

It would be quite understandable, if Americans are not able to pronounce the the old name. So you are accepting local-like sounding name, since you intend to live among them.

But chaging name in mid-life for no reason - is rather aquiring the second one. Your old one is everywhere, on all documents imaginable, in people's memory. You will have to prove and explain who you were and who you have become more times than you think.

What are you doing it for? :confused:
 
I also advocate keeping the maiden name. My wife kept her maiden name, not because we wanted to avoid paperwork, but because that is what we believe in. Husbands can change (ask Liz Taylor), one's father cannot :)
 
Cybex said:
Why do you people want to change name, in the first place?

It would be quite understandable, if Americans are not able to pronounce the the old name. So you are accepting local-like sounding name, since you intend to live among them.

But chaging name in mid-life for no reason - is rather aquiring the second one. Your old one is everywhere, on all documents imaginable, in people's memory. You will have to prove and explain who you were and who you have become more times than you think.

What are you doing it for? :confused:
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Don't mean to start a debate here but I think it is a personal choice for many couples and that too women in particular. Taking on their husbands name is very significant and poignant moment in some cultures around the world.

Some couples also do it for the sake of having one common family name instead of one for husband and children and one for the wife.

In some cases I have also seen women wanting to change names because their children had a different last name and they came across some very stupid people who asked if she was separated from her husband just because the child had a different last name(Believe me there are such stupid people in this world) and then she had to go the extra mile to explain all the reasons why she has different last name(H4, Visa, Greencard etc. which they don't understand anyway)

So there are different reasons why some choose to change names.
 
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Thanks for the responses..

MasterUSA, do you mean you opted 'NO' for Name change question and now you want to go for name change during interview? Can we allowed to do that?? In our scenario, leagal name is Mainden name right?? Please clarify..

We are thinking of changing the name just to have common last name for entire family.

Debating whether to go for it or not as we may have to change all our existing records (as Cybex mentioned) to the new name. I am not sure how tough it is to change all the records (SSN, Driving lecense, House deed, any other stuff) or how long it takes.. Any ideas??
 
SRK_CLT said:
Thanks for the responses..

MasterUSA, do you mean you opted 'NO' for Name change question and now you want to go for name change during interview? Can we allowed to do that?? In our scenario, leagal name is Mainden name right?? Please clarify..

We are thinking of changing the name just to have common last name for entire family.

Debating whether to go for it or not as we may have to change all our existing records (as Cybex mentioned) to the new name. I am not sure how tough it is to change all the records (SSN, Driving lecense, House deed, any other stuff) or how long it takes.. Any ideas??
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Yes, it is possible to ask for a name change during the interview, even if you answered "No" to the name change question in N-400. (In fact, you can change any of your N-400 answers during the interview.)
Certainly, changing the name afterwards on all the other documents, such as s.s.n. driver's licence, bank accounts, credit cards etc, is a bit of a hassle. My older brother went through this and he said that it took him several months after the oath ceremony to change the name on all the other documents, and he encountered no major problems.

I am still thinking myself about asking for a name change at the interview, although I marked "No" in N-400. In my case I would just want to change the spelling slightly, for both my first and last names. The problem is that Russia used to issue foreign passports in French (now they switched to English), and in my first passport my Russian name was transliterated in a French-wise manner. I still have that spelling on my GC and other legal documents in the U.S. However, from the point of view of the English language that transliteration of both my first and last names is incorrect. As spelled now, my first name is sort of unpronounceable for English speakers and it is often rather amusing to hear telemarketers calling me come to an embarrassing stop when they get to my name. (Still it does give me an excuse, after they do pronounce my name incorrectly, to say that "there is no such person here" and to hang up -:)
 
SRK_CLT said:
Thanks for the responses..

MasterUSA, do you mean you opted 'NO' for Name change question and now you want to go for name change during interview? Can we allowed to do that?? In our scenario, leagal name is Mainden name right?? Please clarify..

We are thinking of changing the name just to have common last name for entire family.

Debating whether to go for it or not as we may have to change all our existing records (as Cybex mentioned) to the new name. I am not sure how tough it is to change all the records (SSN, Driving lecense, House deed, any other stuff) or how long it takes.. Any ideas??
Click to expand...

Like baikal3 said it is possible to change names during interview even though you opted "NO" on the N-400 application. I am in the same situation with my wife.

In my case we are changing only the last name. Once the name change is complete we will change the names on SSN,Driver Lincence etc. but that should not be a problem since you have a proof of name change and it will be much easier to produce the proof of name change that authorities ask for and get the name change done in all the places(Don't forget your bank accounts!)
 
Cybex said:
Why do you people want to change name, in the first place?

It would be quite understandable, if Americans are not able to pronounce the the old name. So you are accepting local-like sounding name, since you intend to live among them.

But chaging name in mid-life for no reason - is rather aquiring the second one. Your old one is everywhere, on all documents imaginable, in people's memory. You will have to prove and explain who you were and who you have become more times than you think.

What are you doing it for? :confused:
Click to expand...

Just to set the record straight. We are discussing changing the last names only and not the complete name. This is very common thing that women go through following marriage/divorce etc. in this country.
 
MasterUsa,

How would you know if the oath ceremony is presided by a judge. My DO is Atlanta
 
nss said:
MasterUsa,

How would you know if the oath ceremony is presided by a judge. My DO is Atlanta
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To find out if the oath ceremony is presided by a judge you should know if the oath ceremony is held in a court house or in a place outside the court house(such as a school gym., auditorium etc.)

For my county of residence I know the oath ceremonies are always held in a court house and if the ceremony is in a court house then there will be a judge who will preside over the ceremony. Remember, USCIS has no authority to approve name change only a judge has that authority.

I have called the court where the oath ceremony is held and asked if there will be a judge presiding over the oath ceremony. I have done this on at atleast 3-4 oath ceremonies in the past and everytime there is a judge whenever the ceremony is in the court house.
 
My ceremony was held in a convention ceremony, but was presided over by a judge. Before the ceremony started, a bailiff "called the court to order" and all that - it was a judicial ceremony. It doesn't need to be in a courthouse
 
Flydog said:
My ceremony was held in a convention ceremony, but was presided over by a judge. Before the ceremony started, a bailiff "called the court to order" and all that - it was a judicial ceremony. It doesn't need to be in a courthouse
Click to expand...

Well, in some places if a ceremony is held outside the courthouse a judge may not necessarily preside over the oath ceremony. But if the oath is in the courthouse it is always presided over by the judge. So I think it depends on where you live and where your oath ceremony is held.
 
MasterUSA said:
Well, in some places if a ceremony is held outside the courthouse a judge may not necessarily preside over the oath ceremony. But if the oath is in the courthouse it is always presided over by the judge. So I think it depends on where you live and where your oath ceremony is held.
Click to expand...

Oh yeah. My wife's was also held in a Dallas area convention center and it was not a judicial ceremony.
 
Not sure whether changing maiden name will delay N400 process, or whether for sure you need to take oath in front of a judge.

My experience was a little different because I changed mine before GC application. My understanding is that changing last name due to marriage situation is pretty simply in the US. All you need to show is your marriage license. I changed mine on my driver's license and SSN after getting marriaged, and then used the new last name for my GC. So all my documents are now in my married name except my original passport, which I asked embassy to put a note like also named as ...

My guess is that even you opt for a last name change during N400 application, you probably wouldn't need to have a court oath. Again, just my guess.

Even if one decides to change the maiden name after being naturalized, She probably only need to go to DMV and SSA to do the change, not the court. Not sure what the procedure is to apply passport using changed name when the certificate shows the maiden name though. Maybe they have this information in the the passport agency's website.

Another option is to do the name change from DMV and SSA before the N400 application, but then I'm not sure if you may (or may not) need to apply a name change to your GC also.

I think changing maiden name during GC application is easier than afterwards

Just some thoughts.
 
Aug2006 said:
Not sure whether changing maiden name will delay N400 process, or whether for sure you need to take oath in front of a judge.

My guess is that even you opt for a last name change during N400 application, you probably wouldn't need to have a court oath. Again, just my guess.
Click to expand...

Can someone, who went through the process could confirm that changing the last name (becaue of the marriage, eventhough marriage was occured long back) does NOT need the jude to be presided during the N-400 oath cermony??

if this is true, process is very simple. Still we need to worry about changing the all existing records though.

As someone mentioned it took almost several months. Is this (several months) is the typical time-line or exception??

Thanks,
SRK
 
SRK_CLT said:
Can someone, who went through the process could confirm that changing the last name (becaue of the marriage, eventhough marriage was occured long back) does NOT need the jude to be presided during the N-400 oath cermony??

if this is true, process is very simple. Still we need to worry about changing the all existing records though.

As someone mentioned it took almost several months. Is this (several months) is the typical time-line or exception??

Thanks,
SRK
Click to expand...

According to the Naturalization Guide FAQ(Question 18) :

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.


So if a name change is requested then the oath ceremony HAS TO BE judicial.
 
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