Name Change

[therms96]

Hello all. If a married applicant files N400 with name change, can spouse, who is a USC, get a name change at the oath ceremony or does he or she have to go through a separate court process?

 

[sanjoseaug20]

USC Spouse has to go through a court process for name change.

 

[therms96]

Thank you for your reply sanjoseaug20.

 

[Jackolantern]

If the USC spouse is going to change his/her name, the name change should be completed either before the noncitizen spouse files the N-400, or after the naturalization process is complete. That is because a name change in the middle of the process would require notifying USCIS of the spouse's new name, which could cause a delay if the notification has to be done between the citizenship interview and oath.

 

[Jackolantern]

Note that if a USC wife wanted to change her last name to match the last name her husband had at the time of the marriage, she normally would not need a separate court process. She could just start using the new name, and the marriage certificate would serve as evidence of the name change.

But it's a different situation if the husband is changing his name after getting married, and she wants to change to that new name. In that case, the marriage certificate would not be sufficient; a separate court process would be required.