Wife's name change: which is simpler

[leaves]

A few background points first:

1. My wife and I got married about 9 years ago.
2. We will be going for our citizenship interview in a couple of weeks.
3. The interview location is a good four hours drive from where we stay.
4. They offer same day oath.

My wife wants to change her last name to my last name (finally after 9 years). My understanding from reading the forum posts is that if she changes her name through the N400 process, then she can't do same day oath. This poses two problems: 1. We have to make the long trip to the other city again for her oath ceremony, and 2. It may delay her oath process significantly.

My understanding is that marriage based name changes are easier than other name changes.

Questions:

1. Would you recommend that she not change her name through the n400 process, and instead change it afterwards? This way we don't have to make two trips to the other city.

2. Would she have to get a new citizenship certificate (form N-565, costs $380) to get a passport if she changes her name after the oath? If this is the case, I would probably opt for the changing the name during n400.

 

[Jane Green]

Tell her to REQUEST a LAST NAME change during her naturalization interview!
Make sure she has her marriage license with her. That’s all she needs for it.
During the interview they will go over the application questions and ask if anything changed since she filed (address, name..). That’s her chance to make any corrections.

 

[Vorpal]

Tell her to change her last name during her naturalization interview!
Make sure she has her marriage license with her. That’s all she needs for it.
During the interview they will go over the application questions and ask if anything changed since she filed (address, name..). That’s her chance to make any corrections.

The name change must be performed by a judge at a judicial oath ceremony. The only thing that an applicant can do at the interview is REQUEST a name change.

 

[leaves]

Tell her to change her last name during her naturalization interview!
Make sure she has her marriage license with her. That’s all she needs for it.
During the interview they will go over the application questions and ask if anything changed since she filed (address, name..). That’s her chance to make any corrections.

Yes, as Vorpal mentioned, the name change can only occur through a judicial oath. The same day oath is not judicial (based on other posts). I would probably have to do the long drive again for the judicial interview.

My wife is currently mid way through a pregnancy, so I would rather avoid a long road trip if possible. A second road trip would cost about $260 (including gas, hotel, etc), while the local process may cost $380+ (if she has to fill in a N-565). It would be best if USCIS would arrange for a judicial oath near our home town. There is a local USCIS office near our home, but our interview was arranged at the main USCIS office in our state (4 hours away).

 

[Vorpal]

Yes, as Vorpal mentioned, the name change can only occur through a judicial oath. The same day oath is not judicial (based on other posts). I would probably have to do the long drive again for the judicial interview.

My wife is currently mid way through a pregnancy, so I would rather avoid a long road trip if possible. A second road trip would cost about $260 (including gas, hotel, etc), while the local process may cost $380+ (if she has to fill in a N-565). It would be best if USCIS would arrange for a judicial oath near our home town. There is a local USCIS office near our home, but our interview was arranged at the main USCIS office in our state (4 hours away).

It's possible that the USCIS may arrange a judicial oath in your town. However, you may want to inquire whether the local federal court holds naturalization oaths. If not, you may be out of luck and at the mercy of USCIS.

If your wife chooses to change her last name through marriage, it won't be necessary for her to obtain a new naturalization certificate. All she'd have to do is use the naturalization certificate in conjunction with the marriage certificate as valid proof of her name change (i.e., when applying for her passport, your wife would indicate the new last name on the application and enclose the natz certificate to prove her citizenship and the marriage certificate to prove her name change). There's absolutely no need to spend $380 to obtain a naturalization certificate with your wife's new name, unless she insists on having one. From a legal standpoint, the scenario I described above is perfectly legitimate.

 

[leaves]

It's possible that the USCIS may arrange a judicial oath in your town. However, you may want to inquire whether the local federal court holds naturalization oaths. If not, you may be out of luck and at the mercy of USCIS.

If your wife chooses to change her last name through marriage, it won't be necessary for her to obtain a new naturalization certificate. All she'd have to do is use the naturalization certificate in conjunction with the marriage certificate as valid proof of her name change (i.e., when applying for her passport, your wife would indicate the new last name on the application and enclose the natz certificate to prove her citizenship and the marriage certificate to prove her name change). There's absolutely no need to spend $380 to obtain a naturalization certificate with your wife's new name, unless she insists on having one. From a legal standpoint, the scenario I described above is perfectly legitimate.

Great! We plan to get the same day administrative oath then and do the name change on the passport using the marriage certificate and the maiden name citizenship certificate.

 

[mavsfan]

Vorpal & others,

Would this work? I mean if someone needs name change to be reflected just on the passport and doesn't care how it reads on the natz certificate like ops case here is this the route to take? I never thought about this and was under the impression that judicial oath is the only way to go.

If the above works for the time being but down the line you would still want your name to be changed on the naturalization certificate what is the process? Would you have to go through your local court, get your name changed and then submit the court order which shows the name change and get a new natz certificate printed by paying the proper fee?

Please advice. Thanks in advance.

It's possible that the USCIS may arrange a judicial oath in your town. However, you may want to inquire whether the local federal court holds naturalization oaths. If not, you may be out of luck and at the mercy of USCIS.

If your wife chooses to change her last name through marriage, it won't be necessary for her to obtain a new naturalization certificate. All she'd have to do is use the naturalization certificate in conjunction with the marriage certificate as valid proof of her name change (i.e., when applying for her passport, your wife would indicate the new last name on the application and enclose the natz certificate to prove her citizenship and the marriage certificate to prove her name change). There's absolutely no need to spend $380 to obtain a naturalization certificate with your wife's new name, unless she insists on having one. From a legal standpoint, the scenario I described above is perfectly legitimate.

 

[Jackolantern]

My wife wants to change her last name to my last name (finally after 9 years). My understanding from reading the forum posts is that if she changes her name through the N400 process, then she can't do same day oath.

Have you confirmed that same-day oaths are available in her district if she does NOT do a name change? Not everywhere has same-day oaths.

 

[Vorpal]

Would you have to go through your local court, get your name changed and then submit the court order which shows the name change and get a new natz certificate printed by paying the proper fee?

Please advice. Thanks in advance.

That's correct.

 

[leaves]

Have you confirmed that same-day oaths are available in her district if she does NOT do a name change? Not everywhere has same-day oaths.

Same day oath is available at that particular office, based on recent posts on several immigration forums. Whether it will be offer to us at our interview (assuming we pass) is to be seen.

 

[Jane Green]

The name change must be performed by a judge at a judicial oath ceremony. The only thing that an applicant can do at the interview is REQUEST a name change.

OK, fine… I changed my original post to include the word “REQUEST”

Yes, partially you right - the name change must be performed by a judge at a judicial oath ceremony, but “Leaves” doesn’t talk about a name change for his wife.

There is a huge difference between changing your first name, giving to you by your parents and the last name, that the woman wishes to changed due to her marriage.

The marriage is a legal act permitting a wife to change her last name to the same as her husband’s if she wants to.
No need to go to the court again and no need for the judicial oath ceremony during naturalization.

To the “Leaves” :
Make another, updated N-400 application for your wife.
Write her current Legal Last Name, which is same last name as yours, in Part A.
Write her name (first and last) exactly as it appears on her green card in Part B.
List all names used in part C.
Bring this new N-400 to the interview along with yours original, court certified marriage certificate.
Request her naturalization certificate to be printed with her new last name.
Or – say nothing and make her go through the troubles of changing her last name on certificate after the naturalization.

 

[ATLANTA_N400]

Let the process/hassle be over

I would recommend to wait until all the process are over with. Also if your wife has her maiden name, it is better to keep it that way, because it never changes. However a name change can be convinced by producing a marriage certificate or a name change certificate from an office which has authority to do so.(In most cases the county/Probate judge's office).
I am planning to change my name. I did not want to do it during my N400 process as I did not want to give another pair of names for the FBI to play with, and some how to delay the process(Oh yes!, by law they have to do name check on every name that you have or had used in the past and the name that I am changing in to is more common and might get lucky stuck in the queue). Then again the requirement for judicial oath ceremony. In jurisdictions where Administrative Oaths are a norm, the judicial oath ceremony lacks much attention and are carried out much less frequently. So you may have to wait for weeks or months.

But the simple solution will be to change your name, say a day after you take the oath and submit the name change certificate along with your Naturalization Certificate while applying for a passport. In the future with all the documents that shows the old name, you just need to attach a copy of the name change document while submitting to an authority. You don't have to change your Naturalization certificate unless you want to. but just need to attach the change of name certificate along with it as required.

You, you can change your name as many times as you want and all you will need is the certicate that states that the name change was done leagally in proper manner. Some jurisdictions require you to advertise or publish your name change, while the jurisdiction where I live, it can be done on the same day by the county judge(or the secretary to.). It costs about $15 for an adult name change and the first copy . $4 each for any extra copy. Well, I am planning to spend about $31 .

 

[Vorpal]

OK, fine… I changed my original post to include the word “REQUEST”

Yes, partially you right - the name change must be performed by a judge at a judicial oath ceremony, but “Leaves” doesn’t talk about a name change for his wife.

There is a huge difference between changing your first name, giving to you by your parents and the last name, that the woman wishes to changed due to her marriage.

The marriage is a legal act permitting a wife to change her last name to the same as her husband’s if she wants to.
No need to go to the court again and no need for the judicial oath ceremony during naturalization.

To the “Leaves” :
Make another, updated N-400 application for your wife.
Write her current Legal Last Name, which is same last name as yours, in Part A.
Write her name (first and last) exactly as it appears on her green card in Part B.
List all names used in part C.
Bring this new N-400 to the interview along with yours original, court certified marriage certificate.
Request her naturalization certificate to be printed with her new last name.
Or – say nothing and make her go through the troubles of changing her last name on certificate after the naturalization.

Take another look at the original post. The OP imlpies that his wife didn't take his last name when they were married. If this indeed is the case, his wife would have to petition for a legal name change in order to take his last name, as the marriage took place 9 years ago.

 

[Jackolantern]

I would recommend to wait until all the process are over with. Also if your wife has her maiden name, it is better to keep it that way, because it never changes. However a name change can be convinced by producing a marriage certificate or a name change certificate from an office which has authority to do so.(In most cases the county/Probate judge's office).
I am planning to change my name. I did not want to do it during my N400 process as I did not want to give another pair of names for the FBI to play with, and some how to delay the process(Oh yes!, by law they have to do name check on every name that you have or had used in the past and the name that I am changing in to is more common and might get lucky stuck in the queue).

They do not run a name check on the new name, unless you have actually already used that new name (and put the new name in the "other names used" section). And if you already used that new name, they will run the check on it anyway regardless of whether you're legally changing your name to that new name. So don't let that be the reason why you want to change your name after naturalization. Keep it simple and change it during the naturalization process itself.

 

[Phx_Girl]

This name change request is very confusing to me.
I also married 9 years ago and never took on my husband's last name. Now I am considering taking it as it seems the marriage will last

After thinking long and hard I decided to request a name change to my Middle name as First name and use only paternal last name. Because that's how I want it on my certificate. I thought I could just go to my local MVD and SS office, once I had my Natz certificate, and change my last name to my husband's w/ the marriage certificate.

From what I'm reading, I won't be able to do that, because I didn't take on my husband's last name when we first married?

 

[Jackolantern]

From what I'm reading, I won't be able to do that, because I didn't take on my husband's last name when we first married?

That's not what they were saying. What the poster above meant was that the name change cannot be included as part of the marriage process anymore, because the marriage paperwork was already done years ago. Therefore, this statement below is false for somebody who already got married long ago:

No need to go to the court again and no need for the judicial oath ceremony during naturalization.

If you want to change your name at this time, it needs to be done via naturalization, or by a separate judicial process.

I thought I could just go to my local MVD and SS office, once I had my Natz certificate, and change my last name to my husband's w/ the marriage certificate.

At this point, 9 years after getting married, I don't think the marriage certificate is relevant for name changes. Any name change at this time, whether via naturalization or elsewhere, would be independent of marriage.

It seems like you plan to change your first and middle name via naturalization, and then change your last name after naturalization. That is a waste of time, and would cause you to have to carry two name change documents. You can do it all at once via naturalization. If you haven't been interviewed yet, update the interviewer about all the names you want to be changed.

 

[Jane Green]

Take another look at the original post. The OP imlpies that his wife didn't take his last name when they were married. If this indeed is the case, his wife would have to petition for a legal name change in order to take his last name, as the marriage took place 9 years ago.

I haven’t changed my last name after the marriage. First, I wasn’t going to and then, when I changed my mind – it was too late. Because most places ask for DL as a proof of legal name, but when an immigrant woman wants to change her last name on a Driver’s License, due to a marriage, the marriage certificate isn’t enough. In DL office they specifically ask for a current INS document with the new last name, already changed.
My GC had my “old” last name and I waited until I was eligible to apply for removal of conditions to change my last name on my new card. Meanwhile, I just started using husband’s last name more and more and changed it everywhere I could, where I wasn’t asked for a government issued ID as a proof.
I have been married for 4 ½ years already. I got my unconditional GC last months and took it to the driver’s license office. They issued me a new DL, no problems. Didn’t even look at my marriage certificate, just my GC. With my new DL I changed (updated, as they called it) my last name on all other accounts that still had my “old” last name.
And again - nobody asked to see my marriage certificate, just my DL. Nobody cared how long I been married either. And as far as I know there is no any grace period or a limitation in years after which a wife cannot “take” the husband’s last name.
You were born in the country where during a marriage ceremony a wife’s last name automatically gets changed to the same as her new husband’s and her new last name is written in the marriage certificate, right below his. Makes it easy and less complicated to change all other records.
But here, in US, there is no obligation or tradition to take his last name. It’s an option.
And sometimes it takes a while longer to get it changed. Especially for non-citizens.
Any adjustment from one immigration category to another is a good opportunity to change the last name, if applicable.

 

[Jackolantern]

And as far as I know there is no any grace period or a limitation in years after which a wife cannot “take” the husband’s last name.

Correct, but there generally is a short time frame during which the name change can be blended into the marriage process. The name change can be done any time after that, but then it would have to be done as a separate legal act.

 

[ATLANTA_N400]

They do not run a name check on the new name, unless you have actually already used that new name (and put the new name in the "other names used" section). And if you already used that new name, they will run the check on it anyway regardless of whether you're legally changing your name to that new name. So don't let that be the reason why you want to change your name after naturalization. Keep it simple and change it during the naturalization process itself.

Jackolantern;

Thank you very much. Please read the following.

They do not run a name check on the new name, unless you have actually already used that new name (and put the new name in the "other names used" section).

Believe me, I would love to have it done in the most simple way possible.
I don't know how they do the background check for sure. The practice is recommended by the congress and the procedures are established by the USCIS-FBI. The procedure of how they do it, what information do they use and against what databases they do the search etc. are kept fairly classified. They review the procedures time to time. For example recently a new joint FBI-USCIS memo stated that while trying to stremline the name check they eliminated a few less significant databases to be checked against. Also recently they established a new and imprived algorithm for coming up with various name combinations/string combinations.

Secondly, with USCIS name change a number of jurisdictions do not issue a legal name change certificate. All that they do is to print the certificate in the new name. Now the individual may be carrying a number of records or certificates with their old name in them.
How are the going to relate these two ?. The naturalization certificate may be sufficient for getting a passport etc. However when you are trying to use, say, your college transcript with a different name in it, you have to provide an official name change document. Even some consulates require you to produce a birth certificate while applying for some benefits. One of the instructions that comes to my mind, required to produce the document which stated the old name and new name and the authority/title of the official that granted a name change. So even though a naturalization certificate with a new name is sufficient for most of the time, it is better to obtain an official name change document. In my openion, the Certificate of Naturalization does not constitute a legal name change document. Perfect, If you can go back to the court that administered the oath and name change and obtain a name change document. But a lot of people that I know did not obtain such a document and in some instances the courts did not issue such a certificate.(But hey, these folks are surviving too alright! ).

That is the reason why I thought of doing it the other way. So all my documents including the Naturalization document will show the original name and the name change document will establish a change of name for future requirements .

Thank you.

 

[Vorpal]

You were born in the country where during a marriage ceremony a wife’s last name automatically gets changed to the same as her new husband’s and her new last name is written in the marriage certificate, right below his. Makes it easy and less complicated to change all other records.

That's incorrect. My mother kept her maiden name after marrying my father.