Very complex situation regarding name change on GC

Femiller

New Member
Ok, I have a serious issue in hopes that someone can help me.

I moved to the US in 1977 when I was 3 years old, that's when I received my GC under my mother's maiden name. Well since then, my mother married and changed our last name on our Social Security cards while I was still a minor, but not on my GC, which has been lost for over a decade.

Several years later, my parents divorced, and I still use my step-fathers last name. I am now married and cannot change my last name to my married last name because of the following reasons:

-I am unable to obtain a replacement SS card because I do not physically have my GC
-My mother has passed and I do not have any legal documents proving my name change, not even a birth certificate showing my mother's maiden name

Is ther anything I can do and where do I start?
 
Where to start depends on the full picture of your circumstances. If you answer the questions below we may be able to figure out what to do next.

Did your mother become a US citizen before you turned 18? If yes, you might have derived US citizenship through her and would be eligible for a US passport and certificate of citizenship.

Do you have any valid (unexpired) official ID with your picture on it? A passport? Driver's license or state ID? Does your ID have your stepfather's last name?

Did your mother marry your stepfather in the US?

Did your birth certificate have your mother's maiden name as your last name? Did your mother use a court process to change your last name to her husband's last name, or did she simply walk into the Social Security office and tell them to change it?
 
Thank you so much for your response to my issue!

No, my mother never became a US citizen before she passed away. And apparently neither did my biological father, of whom I have never met- or at least remember meeting.

I do have a valid drivers license in the state of California, which does have my step fathers name on it.

My mom did marry my step dad in the US.

I am almost certain that my birth certificate did have my mothers maiden name on it, however, I have never actually seen it. I was told from other family members that had been lost though the move here from the Philippines.

I am almost positive that my mom just walked into the social security office and changed my name while I was a minor. She also decided to change the spelling of my first name while she was at it by adding a letter to it. One little letter has become one huge problem for me.

Sooooo frustrating. I'm hoping to be able to resolve this issue soon. Every time I walk through an open door, a brick wall seems to slam down. Thanks again for your help. It seems as if everyone I explain this to has no suggestions.
 
Although a married woman can change her name simply by using her husband's last name and showing the marriage certificate where necessary, it's not so simple for children. To officially change a child's last name, a court process is required, and the court must be shown that both parents are consenting to the name change (or that the other parent is deceased or had their parental rights terminated).

That court process would have resulted in a document showing that your name was officially changed from one thing to another. These days she would not have been able to change her child's name at the Social Security office without that court document. But 20-30 years ago they were much more lax.

Without that court document, that last name she gave you isn't officially recognized by USCIS, so a replacement green card will be issued only in the same old name you originally had when your GC was issued, or your new married name.

Try to organize the following:
1. Your birth certificate. Get the help of your country's embassy or family members in your country to obtain a newly issued one.
2. A copy of your green card, or at least the A-number (this would be on various documents from your green card process, and may have also been written in your passport).
3. Any old picture ID with your original name, like an expired passport or state ID.
4. Your mother's marriage certificate (to show where the last name you're using now came from). If you can't find one, you can obtain a copy of it (or some other certified record of the marriage) from the state or county where she got married, because marriages are public records in the US.
5. Your own marriage certificate.

File form I-90 to apply for a replacement card with your new married name. Include a copy of all of the above.

For question 1 "current legal name", write your new married name as you want to see it on the card.
For question 2 "has your name legally changed" answer YES.
For question 3 "name as written on the green card" write the name as you see it on the copy of your green card, or if you don't have a copy you should write your name as you remembered what it was on the GC (as you said above, the name wasn't changed on your GC).

Attach a cover letter explaining that your mother changed your name from ___ to ____ when you were a child (give an approximate date if you remember), and you have been using that name ever since, but you have no court document of that name change and you don't know if she used a court process. And state that now you're changing your name to _____ now that you're married to _______.

If you have copies of both your old and new Social Security cards, that would be useful because both would have the same number so that helps with proving your name change.

When you go for fingerprinting, bring your marriage certificate along with your ID, because you're applying for a replacement green card with your married name, and your current ID doesn't have your married name on it. But only show the marriage certificate if they say something about the name discrepancy.

Which last name is on your marriage certificate? Your stepfather's last name or your mother's maiden name?
 
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Ok, so my marriage certificate shows my step-father's name (my maiden) as well as my mother's name using her maiden name (my last at birth) since they had already divorced by then. I am hoping that this will help.

I am also now working on obtaining my birth certificate from the Philippines so I can move forward with the I-90 application.

Thank you for all of your help. Hopefully this will all work out!
 
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