Not changing names after marriage - will do so at naturalization

[vdostoi1]

My future wife and I are both PRs. We decided that after we get married she will not be changing her last name to mine so as to avoid applying for a new GC and paying the fee. She was thinking of changing her name during naturalization instead. Does anyone think this may be an issue with USCIS? I believe this is perfectly legit.

Thanks in advance for the responses.

 

[Vorpal]

My future wife and I are both PRs. We decided that after we get married she will not be changing her last name to mine so as to avoid applying for a new GC and paying the fee. She was thinking of changing her name during naturalization instead. Does anyone think this may be an issue with USCIS? I believe this is perfectly legit.

Thanks in advance for the responses.

There's a possibility that I'll be in a similar situation. I'm getting married in September and will be changing my last name during naturalization. My future wife is planning on hyphenating her current last name and adding my new one to it. Due to the fact that our wedding is a month after my interview, there's a possibility that I will not get my oath prior to the wedding. This means that I'll have to get married with my current last name. After doing some research on what will have to be done with the marriage certificate after my name change, I found out that we will have to have ANOTHER(!!!) wedding ceremony before a justice of the peace and obtain a new marriage certificate.

While what your wife is planning on doing is perfectly legit, it may have other repercussions, such as having to deal with additional bureaucratic nonsense. I'd advise checking your local marriage laws prior to doing this. Besides, wouldn't your wife's current GC still be valid? I believe it's perfectly legal for her to retain her current GC and use the marriage certificate to back it up.

 

[Jackolantern]

My future wife and I are both PRs. We decided that after we get married she will not be changing her last name to mine so as to avoid applying for a new GC and paying the fee. She was thinking of changing her name during naturalization instead. Does anyone think this may be an issue with USCIS? I believe this is perfectly legit.

Of course it is legit. There is no legal requirement in the US for a married woman to ever change her name. She can change her name if and when she wants.

But as you noted, there are expenses involved ... not only to change the green card, but also to change her passport and driver's license and her name itself (name change requires a court order which may also involve fees). However those expenses can be avoided by doing the name change with naturalization. And a name change before naturalization will result in them doing a name check both for the old name and new name, increasing the chances of delay.

 

[Jackolantern]

Besides, wouldn't your wife's current GC still be valid? I believe it's perfectly legal for her to retain her current GC and use the marriage certificate to back it up.

For travel purposes it would not be a good idea to have a GC where the name is inconsistent with the passport. Don't give the immigration officers another reason to doubt the legitimacy of one's documents and identity.

 

[vdostoi1]

Of course it is legit. There is no legal requirement in the US for a married woman to ever change her name. She can change her name if and when she wants.

But as you noted, there are expenses involved ... not only to change the green card, but also to change her passport and driver's license and her name itself (name change requires a court order which may also involve fees). However those expenses can be avoided by doing the name change with naturalization. And a name change before naturalization will result in them doing a name check both for the old name and new name, increasing the chances of delay.

This was my thinking exactly. And surely I thought of a double name check in this case so we may stay with her current name and change it during naturalization...

 

[Phx_Girl]

I was thinking about doing the same thing. I've been married for 5 yrs. now.
If you do it this way, change the last name during Naturalization, would you still be able to change your name back, after a Divorce??

THX.

 

[Jackolantern]

I was thinking about doing the same thing. I've been married for 5 yrs. now.
If you do it this way, change the last name during Naturalization, would you still be able to change your name back, after a Divorce??

Yes. The US allows any adult to change their name as many times as they want, as long as you follow the process that is applicable in your jurisdiction and pay the relevant court fee.

 

[schandrag]

should be no problem. After being married for 17 years my wife decided that our last names need to match and requested a change on the N-400. I do not forsee any problem. The law allows a person to change their name at any time without having to state a specific reason. There is a good chance that my wife's oath ceremony will be delayed though.