Naturalization Name Change Ordeal

V

vitalyper

Registered Users (C)
My wife did not change her name when we got married. So she applied for a name change as a part of Naturalization on May 5, 2010. USCIS attached a wrong (for a different person) name change court order (NCCO). I called USCIS hotline and they advised to schedule appointment in the local (Newark, NJ) office. She went in early June. They took her name and promised to contact her in 2 weeks. Nothing happened. On August 19th she scheduled another appointment. This time the officer was nicer, apologized and said that they will request her file from the archive and issue a new NCCO within next 30 days. On September 1st she received the call from USCIS. The officer said that they reviewed her file and that NCCO is not necessary in her case. She tried to argue that NJ DMV and other agencies will need NCCO but the officer assured her that he knows better and she will be fine. Unfortunately, she did not ask for the name.

Well, today she went to NJ DMV and they refused accept naturalization certificate as a name change document stating that NCCO is required.

From what I read, it sounds that USCIS is wrong and must issue her NCCO. Please confirm.

Secondly, how can we complain to prevent this happening to someone else.
 
The only change she made was to take your last name, correct? Then the DMV should accept the marriage certificate as evidence of the name change (she would still need to show the natz certificate or passport as proof of US citizenship). Did she show the marriage certificate to the DMV?
 
If she changed her name during naturalization,that means she took oath in court house.she has to go to that court house,ask for name change section and they will find her new name in system and court will be able to provide a new NCCO.At this time,USCIS can't control this situation.
Good luck.
 
cadel said:
If she changed her name during naturalization,that means she took oath in court house.she has to go to that court house,ask for name change section and they will find her new name in system and court will be able to provide a new NCCO.At this time,USCIS can't control this situation.
Good luck.
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I believe in NJ, particular in Newark office, oath ceremony is conducted at USCIS - my wife did not go to court house.
 
vitalyper said:
I believe in NJ, particular in Newark office, oath ceremony is conducted at USCIS - my wife did not go to court house.
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Let your case be a warning to those who request name change, dealing with an inexperienced and probably lazy USCIS employee can create more problems than you necessary need. What you need to do, make an info pass and ask to speak with someone senior at USCIS office in NJ, explain the situation and demand that they have it rectified, indicate that this issue fell within their scope and you gave them $675 to have the naturalization process done properly as their Administrative Manual requires, but they screwed you royally. I often see how immigrants are so terrified when dealing with USCIS officials, it isn't even funny at all. It is time for people to wake-up and make sure they speak with conviction and are assertive in demanding that they be treated with respect and dignity. Irrespective of what DMV and other agency can accept, USCIS had a duty to conduct a name change properly as opposed to jumping steps to close your case.
 
vitalyper said:
@Jackolantern
No, she did not change her last name at the time of the marriage.
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That's not what I was asking.

Is her current name change only to take your last name? Usually the DMV will accept the marriage certificate as evidence of the name change, even if she didn't immediately change her name upon getting married.
 
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vitalyper said:
I believe in NJ, particular in Newark office, oath ceremony is conducted at USCIS - my wife did not go to court house.
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Was it a judicial oath -- was a judge present to oversee the ceremony?

If not, apparently she only got a regular oath, not a name change oath. They may have scheduled it like that because they thought the marriage certificate was sufficient without having to go through a judge or court. And if they did that, it must be because the only change to her name was to take your last name, with the maiden name either being removed or it became her middle name. Which then means that the marriage certificate itself should be sufficient for the DMV and other places that want proof of the name change.
 
Jackolantern said:
Was it a judicial oath -- was a judge present to oversee the ceremony?
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No, judge was not present.

Jackolantern said:
If not, apparently she only got a regular oath, not a name change oath. They may have scheduled it like that because they thought the marriage certificate was sufficient without having to go through a judge or court. And if they did that, it must be because the only change to her name was to take your last name, with the maiden name either being removed or it became her middle name. Which then means that the marriage certificate itself should be sufficient for the DMV and other places that want proof of the name change.
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I don't see how marriage certificate with her old last name can be used as a proof of name change if she DID NOT change her name at the time of marriage. At DMV they specifically asked for name change document linking her new last name on naturalization certificate to her last name prior to naturalization.

Here is the quote from A Guide to Naturalization. Google for it - I can't post a link yet.
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.
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From the above I can conclude that 1) oath ceremony was held in court (Immigration court, I guess) 2) USCIS has authority and did change her last name.
As stated initially they screwed up by attaching wrong name change court order Al Southner stated above.

Can somebody confirm that Naturalization Certificate is not valid proof of name change? I remember, few years ago it was sufficient but I guess things changed.
 
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vitalyper said:
No, judge was not present.







From the above I can conclude that 1) oath ceremony was held in court (Immigration court, I guess) 2) USCIS has authority and did change her last name.

USCIS has not authority to change someone's name.Only court can do it.There is a USCIS form officers use during interview to request applicant's name change to court.That form, will have old and new names and comes out with court stamp.That's why they call it court order.Most of applicants with name change take oath in courthouse in front of judge.Best thing she can do is find courthouse where her name was changed and request copy of name change court order.It's not gonna be easy if she continues dealing with USCIS on this issue.
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vitalyper said:
I don't see how marriage certificate with her old last name can be used as a proof of name change if she DID NOT change her name at the time of marriage.
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It is commonly accepted that a woman can change her name to take her husband's last name merely by showing the marriage certificate and deciding to put her husband's last name on her documents, even if she didn't immediately take her husband's name when she got married. The marriage certificate would have her old name, but it would also have your current last name, and that's how the DMV and other agencies will make the connection.

At DMV they specifically asked for name change document linking her new last name on naturalization certificate to her last name prior to naturalization.
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Did you show them the marriage certificate? If not, go back to the DMV with the marriage certificate. Problem solved.

Can somebody confirm that Naturalization Certificate is not valid proof of name change?
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It is not.
 
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Jackolantern said:
Did you show them the marriage certificate? If not, go back to the DMV with the marriage certificate. Problem solved. It is not.
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Did Jack just tell someone to go back to DMV with a document to solve a problem? I am not sure if Jack has ever been to a DMV, it is a hellish place full of rude and bitter people. The OP should nail USCIS on the cross, because he lacks the official notification acknowledging name change from USCIS. I believe this is done internally by USCIS, provided they can have a judge approve the name change prior to the oath ceremony. In following the OP posts, such documentation was initially submitted but contained wrong information. However, after few back and forth with the octopus (USCIS), someone came up with a sleek plan, mislead the OP regarding the name change procedure. Unfortunately, unless there is another local DMV within the OP's city, he's going to have to try your approach somewhere different.

Jack, this is what happens when you go to local DMV with a completed form...lol!!!!

http://www.youtube.com/watch?v=Yz3bDON9bNo
 
In NJ Newark District, when you request a name change, they will attach a "Petition for Name Change" along with your naturalization certificate. The petition will have a seal from a court clerk, with your old name and new name. The NJ DMV will ask you for that when you want to change your name.
 
qokqom said:
In NJ Newark District, when you request a name change, they will attach a "Petition for Name Change" along with your naturalization certificate. The petition will have a seal from a court clerk, with your old name and new name. The NJ DMV will ask you for that when you want to change your name.
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Q,

That's a good point and the OP is missing the Petition for Name Change from his District Court.
 
In Newark NJ office, a room is converted into a special federal court room. No judge is present but the deputy clerk of the court is present and she signs the name change affidavit. This affidavit is must when the name is changed. Using a marriage certificate along with the new name does not work. You are talking of DMV. Wait till you get to OCI processing (if applicable)!!

Both myself and my wife changed names and got the NCCO. The deputy clerk specifically mentioned that NCOO and the NAT certificate should be alawys together.
 
You definitely need the correct NCCC!

brokenarrow said:
In Newark NJ office, a room is converted into a special federal court room. No judge is present but the deputy clerk of the court is present and she signs the name change affidavit. This affidavit is must when the name is changed. Using a marriage certificate along with the new name does not work. You are talking of DMV. Wait till you get to OCI processing (if applicable)!!

Both myself and my wife changed names and got the NCCO. The deputy clerk specifically mentioned that NCOO and the NAT certificate should be alawys together.
Click to expand...

From my personal experience (naturalized in NYC recently), you need it for almost all new documents after you become a citizen, such as new SS card with your new name on and citizenship status, passport, DL, even new credit cards with your new name on. A court definitely is needed to approve a name change in naturalization and the clerk of that court should have a record of your name change petition. Maybe you can check with the US district court of NJ at Newark. I can't find any reference about naturalization at their website, but it wouldn't hurt to ask. And you definitely should ask USCIS to fix it too.

I have dealt with DMVs in many states in the past 10 years and they do everything by the book. I don't think there is any other way to get around this without a NCCC.
 
I recently got my last name changed as part of Naturalization process. ALthough I did have the court document, I did not need to show it. I am in North Carolina. Here the DMV goes by the social security card, so I first went to the SSA office along with my husband. They just took my Naturalization certificate and requested the new card with the new name. They gave me a document that proved that I had applied for the SSN card in my new name. I took that to DMV along with my Naturalization certificate. I don't remember showing the court document either at SSA or DMV.

Good luck.
 
Update from OP ;-)
Apparently some of you know each other quite well but I think that referring to myself in a third person and as OP, which I am guessing is Ordinary Person, is disrespectful. It feels like some of you, I am talking about Al Southner in particular, suffer from the same "I am/was a lawyer/government official, etc. and ordinary people are below me" disease you criticize.

Anyway, my wife went to USCIS once again, talked to 2 officers and they assured her that if name change was due to marriage and only last name was changed NCCO is not needed. She went to Social Security office and was able to change her name there with natz cert and marriage certificate. Later, she went to the same NJ DMV, argued more, finally threatened to complain and after about 40 minutes (supervisor apparently had to call "upstairs") got shiny license in her new name.

@Jackolantern
You were right from the start. Thanks for your help.
 
OP = original poster; the person who made the first post of the thread.

Thanks for the update.
 
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