Wife's name change: which is simpler

[Jane Green]

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

I obviously don’t know your parents and was making a general statement about the matrimony traditions in their homeland. Your mom is one of rare exceptions and I’m sure she had a good reason to keep her maiden name.

 

[ATLANTA_N400]

I obviously don’t know your parents and was making a general statement about the matrimony traditions in their homeland. Your mom is one of rare exceptions and I’m sure she had a good reason to keep her maiden name.

A tradition in a country may not be generally acceptable elsewhere unless the country has either jurisdiction or entered in to a treaty for that matter. Generally, It is neither required that a women change her name to include her husband's nor is done per se.

If the underlying suggestion is that the wife chose to keep her maiden name due to lack of strength in a marriage, that is simply obnoxious.

So let's keep it cool and listen to what everyone has to say.

 

[Vorpal]

If the underlying suggestion is that the wife chose to keep her maiden name due to lack of strength in a marriage, that is simply obnoxious.

So let's keep it cool and listen to what everyone has to say.

I completely agree. People react differently when someone disagrees with them, regardless of whether or not they are right. In any case, no harm done. Besides, it was implied that in my country of birth, the woman's name is automatically changed during marriage, so I guess the poster knows a lot more about my COB than I do. ::sarcasm::

 

[Jackolantern]

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.

The exact details are kept classified, but they actually have a site that explains the general rules (I can't find it right now). And many people request the new name at the interview itself, not when sending in the N-400, and their process doesn't get delayed to run another name check.

Secondly, with USCIS name change a number of jurisdictions do not issue a legal name change certificate.

They are supposed to give you one, and you can get one if you request it (ask others about how to get it).

 

[Jane Green]

If the underlying suggestion is that the wife chose to keep her maiden name due to lack of strength in a marriage, that is simply obnoxious.

I thought I worded my last comment carefully enough not to offend Vorpal or anybody else. And here you are - trying to find a subtext between the lines...

“I’m sure she had a good reason to keep her maiden name” So? What is wrong with this statement? She might be a world famous figure skater, for all I know, or an actress - they tend to keep their maiden names as well (and I don’t mean any disrespect by saying it!).

I also had a good reason not to change my last name after the marriage. Then I got another good reason to want to change it. And it was NOT “due to lack of strength in a marriage”. The suggestion was yours, not mine.

I brought up Vorpal’s COB trying to win an argument, not to insult him. He said OP’s “wife didn't take his last name when they were married” and I said – in this country wives do not automatically take husbands’ last names during marriage ceremony. My comparison didn’t work out as intended.

 

[Jane Green]

Originally Posted by Jane Green= 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.

Jackolantern= 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.

You're probably right, because thinking about it I only had to show my MC in SS office, as far as I can remember, everywhere else I said my last name was legally changed and just presented my GC or DL.

While ago I had a similar dispute about legal name change in the Family Based GC forum. Too many people argued against changing it during a removal of conditions, saying it cannot be done, not the right/legal way and that I must do it at Naturalization….
Well, I didn’t want to wait several more years and I did not want to spend more money filing I-90... I been using husband’s name already and had mine changed on numbers of IDs: my SS card, insurance and credit cards, my cell phone bill, my work place, and I filed income taxes under married name as well. Therefore, I just filed I-751 application with my new last name and kept my fingers crossed until I received a NOA.

Mine I-751 was still pending when I applied for Naturalization last fall. I still haven’t had a chance to “legally change” my last name.
While filing N-400, Part 1 “Your Name” Paragraph A. “Your current legal name?” I wrote “Jane Blue”
in Paragraph B. “Your name exactly as it appears on your Permanent Resident Card?” I wrote “Jane Green” and that’s how I sent it, with a copy of my conditional GC.

If USCIS would not permit such actions, then why would they give it as an option on the N-400 application??
So, I will continue to hold my argument - a wife can take her husband’s last name at any time after the marriage just by starting using it! However, after reading all different opinions above I understand why some people would rather do it trough a court, or the judicial oath ceremony. It took me over three years to finally had it all done and changed on all my records and accounts. And if someone prefers to legally change her last name in a quickest and less complicated way possible, then the court might be the right solution.

 

[ATLANTA_N400]

I thought I worded my last comment carefully enough not to offend Vorpal or anybody else. And here you are - trying to find a subtext between the lines...

“I’m sure she had a good reason to keep her maiden name” So? What is wrong with this statement? She might be a world famous figure skater, for all I know, or an actress - they tend to keep their maiden names as well (and I don’t mean any disrespect by saying it!).

I also had a good reason not to change my last name after the marriage. Then I got another good reason to want to change it. And it was NOT “due to lack of strength in a marriage”. The suggestion was yours, not mine.

I brought up Vorpal’s COB trying to win an argument, not to insult him. He said OP’s “wife didn't take his last name when they were married” and I said – in this country wives do not automatically take husbands’ last names during marriage ceremony. My comparison didn’t work out as intended.

Time to time I come across great people, but some how I keep misunderstanding them. I don't know if it is just me .
Well, bless your heart for your good intentions!.

 

[Jane Green]

Name change in US

I did some additional research on ways to legally change a name in US. Here is a summary for those who are interested.

State laws can regulate name changes in the United States; still, they cannot altogether forbid common law name changes. Several specific federal court rulings have set precedents regarding both court decreed name changes and common law name changes (changing your name "at will"):

• One may be employed, do business, and enter into other contracts, and sue and be sued under any name they choose at will
• Such a change carries the exact same legal weight as a court decreed name change as long as it is not done with fraudulent intent
• This at will right is guaranteed under the U.S. Constitution, specifically the Fourteenth Amendment

The federal courts have overwhelmingly ruled that changing one's name at will, by common law, is clearly one's constitutional right. Nonetheless, one may still choose to have a court issued name change.

Usually a person can adopt any name desired for any reason; most states allow one to legally change their name by usage only.. This is accomplished by consistently using the new name in all aspects of your personal, social, and business life, to the point where it in fact becomes the name you are known by when dealing with others. This is legally valid and does not involve any costs (minors and prison inmates are generally exceptions to this rule).

There are differences in specific requirements among U.S. states, and usually a court order is the most efficient way to change names.
Furthermore, a court ordered name change establishes linkage between your previous and new name. It provides a record of the name change from the initial application to the official decree or order authorizing the name change. The court record serves as a resource if you are asked to verify your identity.

 

[ATLANTA_N400]

Very useful information!. Thank you Jane Green! .

I personally wil try to have it done by an authority to make it more universally acceptable . I also agree to the fact that this document will provide a link to the old name(s).

Cheers!

I did some additional research on ways to legally change a name in US. Here is a summary for those who are interested.

State laws can regulate name changes in the United States; still, they cannot altogether forbid common law name changes. Several specific federal court rulings have set precedents regarding both court decreed name changes and common law name changes (changing your name "at will"):

• One may be employed, do business, and enter into other contracts, and sue and be sued under any name they choose at will
• Such a change carries the exact same legal weight as a court decreed name change as long as it is not done with fraudulent intent
• This at will right is guaranteed under the U.S. Constitution, specifically the Fourteenth Amendment

The federal courts have overwhelmingly ruled that changing one's name at will, by common law, is clearly one's constitutional right. Nonetheless, one may still choose to have a court issued name change.

Usually a person can adopt any name desired for any reason; most states allow one to legally change their name by usage only.. This is accomplished by consistently using the new name in all aspects of your personal, social, and business life, to the point where it in fact becomes the name you are known by when dealing with others. This is legally valid and does not involve any costs (minors and prison inmates are generally exceptions to this rule).

There are differences in specific requirements among U.S. states, and usually a court order is the most efficient way to change names.
Furthermore, a court ordered name change establishes linkage between your previous and new name. It provides a record of the name change from the initial application to the official decree or order authorizing the name change. The court record serves as a resource if you are asked to verify your identity.

 

[leaves]

Our actual experience

First thanks to everyone who posted a response to my question. We have had our interview and oath, and I would like to update you with the name change matter.

The USCIS officer told my wife that taking a husband's name is not a name change, so the process is very straight forward. My wife signed all the forms and pictures with my last name as her last name at the interview. They did make a copy of the marriage certificate at her interview. The whole interview was quite simple and lasted about 20 min. At the oath later in the day, my wife's citizenship certificate also had her last name the same as mine. The oath was an amazing experience for us.

 

[Jane Green]

First thanks to everyone who posted a response to my question. We have had our interview and oath, and I would like to update you with the name change matter.

The USCIS officer told my wife that taking a husband's name is not a name change, so the process is very straight forward. My wife signed all the forms and pictures with my last name as her last name at the interview. They did make a copy of the marriage certificate at her interview. The whole interview was quite simple and lasted about 20 min. At the oath later in the day, my wife's citizenship certificate also had her last name the same as mine. The oath was an amazing experience for us.

Congratulations to you and your wife, Leaves!! Best wishes for the future!

And thank you for an update, I appreciate it