Name Change Questions

[Hiei987]

I am going to file a N400 soon and would like to get a name change during the process. However, I've read several articles that give different information about it. USCIS web site says that they file the name change request for you and you get it approved when you go for an oath to court. But the complete guide to naturalization on their site states "Congress did not give USCIS legal authority to change a person’s name when that person
naturalizes." So, what I would would like to know is:

1) Will filling out the Name Change part in N400 work for a name change and if so, will it delay the processing time?

2) Is the name change for both First and Last names and are there any special restrictions?

Thank you.

 

[Bobsmyth]

naturalizes." So, what I would would like to know is:

1) Will filling out the Name Change part in N400 work for a name change and if so, will it delay the processing time?

A name change can be requested as part of the naturalization process. It can occur an additional delay as it involves the request to be granted by the Federal courts. And yes, it does work. Only the San Jose DO doesn't offer name changes as part of the process.

2) Is the name change for both First and Last names and are there any special restrictions?

Thank you.

The name change is for your legal name..including middle name if you have one. The only restriction is that you can't request to be named something obscene or derogatory.

 

[Jackolantern]

But the complete guide to naturalization on their site states "Congress did not give USCIS legal authority to change a person’s name when that person naturalizes."

For naturalization, USCIS itself doesn't invoke the name change. A Federal court does that. But for name changes USCIS handles the court paperwork, so all you have to do is write the requested name on the N-400 and then show up for the oath. An oath with name changes will be a judicial oath with a court official present, instead of the usual administrative oath, so there may be a delay of 1 to 3 months for that type of oath, as judicial oaths are generally held less frequently.

However, in some districts all oaths are judicial oaths, so you wouldn't have that delay of waiting for a judicial oath.

Note that if you decide to do a name change with a separate court process, there could be major delays with naturalization if you do it anytime between the N-400 filing and oath, because you'll have to update them about your new name and wait for them to redo stuff like the background check. So if you're going to do a name change separately from naturalization, get it done before filing N-400 or after completing the oath.

 

[wchachar]

Do you know if Fairfax VA DO will delay the oath due to name change request? if yes, do we know of average delays in processing?

 

[sudha1999]

I am going to file a N400 soon and would like to get a name change during the process. However, I've read several articles that give different information about it. USCIS web site says that they file the name change request for you and you get it approved when you go for an oath to court. But the complete guide to naturalization on their site states "Congress did not give USCIS legal authority to change a person’s name when that person
naturalizes." So, what I would would like to know is:

1) Will filling out the Name Change part in N400 work for a name change and if so, will it delay the processing time?

2) Is the name change for both First and Last names and are there any special restrictions?

Thank you.

Some USCIS District Offices (San Francisco and San Jose) do not offer name change service at the time of citizenship interview but in other DO the name change can be done on the same day of interview. Name change process through court order may take 6-8 weeks. It is good idea to find out before submitting N-400 application, else it takes time and money. In my case, I learned only at the time of interview, now I have to wait 2 months (show cause notice and court hearing) to get the name change. I think you can change first name and last name (usually based on marriage) without any restrictions.

 

[wantedtoknow]

Sudha1999

Which DO did you apply your N400? Did you apply along with your N400 or separate?

I applied my name change along with my N400 in the Dallas DO and finished my interview and I am waiting for my Oath letter for over 2 weeks now. Not sure how long the wait will be?

 

[sudha1999]

Sudha1999

Which DO did you apply your N400? Did you apply along with your N400 or separate?

I applied my name change along with my N400 in the Dallas DO and finished my interview and I am waiting for my Oath letter for over 2 weeks now. Not sure how long the wait will be?

My interview was held at San Francisco DO. I did request name change on my application. The IO mentioned I need to get the name change done in my district superior court plus I have to submit a tax related document from IRS. The IO gave me 2 month time to submit the documents. While I am waiting for IRS response, I submitted my petition for name change in my county superior court. Hopefully, I will get the oath letter after submission of documents.

 

[Jackolantern]

My interview was held at San Francisco DO. I did request name change on my application. The IO mentioned I need to get the name change done in my district superior court plus I have to submit a tax related document from IRS. The IO gave me 2 month time to submit the documents. While I am waiting for IRS response, I submitted my petition for name change in my county superior court. Hopefully, I will get the oath letter after submission of documents.

So you had to do the name change separately anyway? If you have to go through that hassle anyway, you could have just went ahead with naturalization without it, then taken care of the name change afterwards.

 

[wchachar]

Anyone know of Name Change delays in Fairfax VA DO?