Kids names

[kud 0]

OK, a little different question. My Wife never took my name when we got married. She is using the N-400 to change it now. Our Kids (my Stepkids) would like to take my name too. In the divorce agreement it states that they can't be adopted. But of course the BF doesn't do anything to support them. Is there a way to do this? Or do they have to wait to turn 18.

[slim 1,525]

Waiting for Satellite.....

[Satellite 1]

My Wife never took my name when we got married. She is using the N-400 to change it now. Our Kids (my Stepkids) would like to take my name too. In the divorce agreement it states that they can't be adopted. But of course the BF doesn't do anything to support them. Is there a way to do this? Or do they have to wait to turn 18.

You have several issues going on in this question.

1. Wife changing name through naturalization.

The best source for all N-400 questions is:

http://www.uscis.gov/files/article/M-476.pdf

"18. Can I change my name when I naturalize?

Answer:

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."

Your wife will be allowed to change her name not because you are filing an N-400, but because she is presenting a marriage certificate which under state law is sufficient to change her name.

2. Your kids are a different story. They will have to go through the court system. I'd check with your state court, I think the probate court usually handles these matters. Naturalization in itself is probably irrelevant to them.

3. Is a divorce decree a sufficient document to change the kids names as a marriage certificate is. I don't know, but again you can seek out your local court clerk for that answer.

[kud 0]

My Wife never took my name when we got married. She is using the N-400 to change it now. Our Kids (my Stepkids) would like to take my name too. In the divorce agreement it states that they can't be adopted. But of course the BF doesn't do anything to support them. Is there a way to do this? Or do they have to wait to turn 18.

You have several issues going on in this question.

1. Wife changing name through naturalization.

The best source for all N-400 questions is:

http://www.uscis.gov/files/article/M-476.pdf

"18. Can I change my name when I naturalize?

Answer:

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."

Your wife will be allowed to change her name not because you are filing an N-400, but because she is presenting a marriage certificate which under state law is sufficient to change her name.

2. Your kids are a different story. They will have to go through the court system. I'd check with your state court, I think the probate court usually handles these matters. Naturalization in itself is probably irrelevant to them.

3. Is a divorce decree a sufficient document to change the kids names as a marriage certificate is. I don't know, but again you can seek out your local court clerk for that answer.

Thanks