Name change technicalities (ontario and us cit.)

[mike777 0]

Hello, I am reaching out here for a 2nd opinion about name changes for my fiancee.

Question, my wife and I met with a immigration officer that seemed to have her stuff together regarding the entire immigration process of my fiancee coming to the states.

We brought our ga 325(biographic) and 130 forms partially filled out best we can so we can get a head start to make sure we don't send in defunct info. So we asked about her last name and the officer said that immigrations coniders the marriage certificate as the name change and therefore on all forms filled out, my fiancee should be filling it out with my last name. My question is,is this correct? On a marriage license, we both have to put our last names, but as the goverment, canadian and us is concerned, once the lic is registered, is the name change assumed? We were told we'd have to get married again in the states with my last name for a proper change. But the immigration officer clearly stated that once they see the certificate in the packet, her last name is mine.

Also when she gets her ssn, is it then, when she can start updating her name on everything? Is there a point in the marriage license being processed that at that point, that's the time when her name is mine?

Another question. Why do people hire immigration lawyers? I browse this site, use it, I'm on the phone every so often with immigration and also know ppl in this situation. I feel I have a pretty good grasp on this process. Plus I'm ####### about this somewhat, I am always checking up on things and doing my due dilligence. Would someone hire a lawyer that is unsure? Or does not feel like they can cope with information searching themselves? Not to put anyone down, just curious. Thanks!

[childress_london 3]

I got married in Canada. I'm the USC. In order to change my name in the U.S., I had to start with the social security office, and then use the social security card as proof of my name change for my driver's license, because the driver's license division would not accept a non-US marriage certificate as proof, but the social security office would. LOL. Most places did accept my marriage certificate, but for those that don't, usually they will accept the social security card. Name change in the U.S. is not automatically assumed upon marriage, because a woman has a choice to change her name or not, therefore, she is the one who has to get the ball rolling by requesting a name change on all her documents and accounts. I don't know about Canada. Hope that helps.

Edited April 29, 2009 by childress_london

[canadian_wife 1,829]

Hello, I am reaching out here for a 2nd opinion about name changes for my fiancee.

Question, my wife and I met with a immigration officer that seemed to have her stuff together regarding the entire immigration process of my fiancee coming to the states.

We brought our ga 325(biographic) and 130 forms partially filled out best we can so we can get a head start to make sure we don't send in defunct info. So we asked about her last name and the officer said that immigrations coniders the marriage certificate as the name change and therefore on all forms filled out, my fiancee should be filling it out with my last name. My question is,is this correct? On a marriage license, we both have to put our last names, but as the goverment, canadian and us is concerned, once the lic is registered, is the name change assumed? We were told we'd have to get married again in the states with my last name for a proper change. But the immigration officer clearly stated that once they see the certificate in the packet, her last name is mine.

Also when she gets her ssn, is it then, when she can start updating her name on everything? Is there a point in the marriage license being processed that at that point, that's the time when her name is mine?

Another question. Why do people hire immigration lawyers? I browse this site, use it, I'm on the phone every so often with immigration and also know ppl in this situation. I feel I have a pretty good grasp on this process. Plus I'm ####### about this somewhat, I am always checking up on things and doing my due dilligence. Would someone hire a lawyer that is unsure? Or does not feel like they can cope with information searching themselves? Not to put anyone down, just curious. Thanks!

So you refer to her as your fiance and your wife. I am going to assume you are actually married.

The short answer, NO - your wife does automatically get your name in Canada once she is married to you. She must go in and change her name on any piece of documentation that she wants to have her name changed on. If your wife is Canadian (and not from Quebec) then she can either assume your name or legally change it. But she will need to go and actually, formally change/assume her name. She should certainly sign papers under her married name if she intends to change it. But on her driver's licence, health card, SIN card, health card, etc she must actually go in and formally change her name

As for lawyers - we hired one because we have a complicated case. Not all cases are easy and as simple as filing the papers and waiting. So that is why people meet with lawyers.

Edited April 30, 2009 by canadian_wife

[mike777 0]

Thanks for the info. Oh no, whoops :-) I'm jumping the gun on saying my wife. Aug!!! :-) But I'm doing all the research I can now ahead of time between Ontario, immigrations, etc.

So then, on the I-130 and bio forms, would she use my last name as the officer said? I'm not sure what you exactly said no to.

What would the normal process be once we had a marriage certificate? I'd assume first, in Ontario, shed update he, drivers license, OHIP(health) card, SS card... your SIN? credit cards, banks, etc etc...

Then once shes approved for US, the UCIS will see it as my last name? How did you fill out your last name on your I-130? As your maiden name or married name...?

thx.

[canadian_wife 1,829]

Have your fiancee sign her married name on the forms if she intends to change her name after marriage.

For assuming your name after marriage tell her to look here

http://www.ontario.ca/en/information_bundl..._a_relationship

She will have to take the marriage certificate to the MTO, the SIN office (we don't have SSN here), Ontario Public Health (OHIP Card) etc. The bank will only accept a legal name change unless you open a joint account.

Her green card will be issued in the name on her passport (she will need to do her Canadian passport as well). Once her green card is issued, she can use that to get her other legal documents in the US in her married name.

[sdw 10]

Thanks for the info. Oh no, whoops :-) I'm jumping the gun on saying my wife. Aug!!! :-) But I'm doing all the research I can now ahead of time between Ontario, immigrations, etc.

So then, on the I-130 and bio forms, would she use my last name as the officer said? I'm not sure what you exactly said no to.

What would the normal process be once we had a marriage certificate? I'd assume first, in Ontario, shed update he, drivers license, OHIP(health) card, SS card... your SIN? credit cards, banks, etc etc...

Then once shes approved for US, the UCIS will see it as my last name? How did you fill out your last name on your I-130? As your maiden name or married name...?

thx.

I had to have my marriage certificate, as well as a certified copy of the licence to change to my married name in the Niagara region of Ontario. Not sure if it's the same any where else.

I used my married name on my forms