Wife's Name change during Naturalization process

[mkicha]

Hi

I and my wife attended Naturalization interview today. We both passed. Ofcourse we went separately at two different times. My wife had filled name change in the N400 form and put my first name as her Last name. But the interview officer told her that USCIS cannot change names nowadays. He said she has to go to court. I know personally my friends have gotten their names changed until recently.

I am stumped here... need some advise here. Is there anyways avoiding all the court process, time and all. How to go about changing her last name easily ?

Thanks

 

[jessicapotter]

If your wife had requested for a name change in her N-400 application, then her oath ceremony would have been scheduled to take place in a court so as to facilitate the same. This is what is the normal procedure as far as I know. This is what the USCIS instructs applicants to do in its Guide to Naturalization,when they want a name change.

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. Source : http://www.uscis.gov/

 

[baikal3]

Hi

I and my wife attended Naturalization interview today. We both passed. Ofcourse we went separately at two different times. My wife had filled name change in the N400 form and put my first name as her Last name. But the interview officer told her that USCIS cannot change names nowadays. He said she has to go to court. I know personally my friends have gotten their names changed until recently.

I am stumped here... need some advise here. Is there anyways avoiding all the court process, time and all. How to go about changing her last name easily ?

Thanks

It is not true that "USCIS cannot change names nowadays". Technically, of course, USCIS itself was never able to do the name changes - that was (and still is) done by the federal courts, at the USCIS request. In most jurisdictions the federal courts do not mind processing the name changes in conjunction with N-400 applications. However, it is really up to the relevant federal district court whether to do this. I remember reading earlier in this forum that some federal courts, perhaps to reduce the workload, have stopped doing the name changes as a part of the naturalization process. Presumably that is what happened in the jurisdiction where your wife had her naturalization interview. However, for the great majority of the jurisdictions doing a name change as a part of the N-400 process is still possible.

 

[mkicha]

Followed up again today

Hi

I went to the USCIS office. In our south indian culture, we have wife adopt husband's first name as her last name. In my wife case also, we both wanted to follow the same tradition. But the officer told us that my wife cannot adopt my first name as her last name. My last name (which is my father's name) can be her last name. Thats not our tradition of girl marrying to guy taking husband's father's name as her last name. So, this is what has happened. Thats why she cannot do the name change. Officer told today that if she can adopt my father's name as her last name, then they can. But not my first name. I explained this to them about the tradition. But they said thats not how US will want to treat the families to be identified.

Looks like my wife needs to go to court to follow the tradition.... Is this an oversight or why many many south indians adopt to this ?

I am curious to know the answer.

Thanks for your replies.....