Change of Name

[BruceH 0]

My wife had her citizenship interview last week. We have to go back on June 2nd however, since the interview officer requested a few items.

One since her application was based on her marriage to me, we made sure to take the federal tax returns for the past 3 years. (There was no request to see state returns either before the interview or during it). However, one of the set of items we did not have were w-2's and copies of Schedule C's of the return. We did not take them since the information only stated the return, not w-2's and schedules. Anyway, they are easy enough to bring to them, we just need to dig them out.

The most vexing problem which we need some advice is the following regarding my wife's name. Here is the issue: Before we were married my wife's name was [First Name] [Middle Name] [Last Name - Her father's last name] Once we were married, we listed on EVERY document including her application for conditional green card, permanent green card, state driver's license, bank accounts, health insurance, lease, etc. the following name [First Name] [Middle Name - her father's last name] [My Last name]. All the identification she has including her permanent resident card show this name. We naturally assumed everything was fine since all documents have been issued this way with no further questions.

In the citizenship interview, she was asked why her name was [First Name] [Middle Name - her father's last name] [My Last name]. My wife was surprised at the question and said she had changed her name when she married me. The interviewer said he

understood the change from [First Name] [Middle Name] [Last Name - Her father's last name] to [First Name][My Last name], but wanted to know how she had gotten her middle name. She said "Well, it was my father's last name" and that is what people do when they get married. He said she couldn't have been married in the United States since that is not what we do here. By the way, at the time he was saying that he had a certified copy of our US marriage certificate in his hand.

In any event, in addition to the w-2's and schedules we must bring back, we either have to bring back written proof that her name is [First Name] [Middle Name - her father's last name] [My Last name] or she would have to change her name.

My question how can she show additional proof of her name when her permanent resident card and every other identification document she has ALREADY has that name?

If that is insufficient, then how does she change her name to be that which is already listed on all documents she has and what everyone already thinks it is? By the way, apparently it is the Middle name which is a problem to the interviewer.

Any thoughts or ideas of what we should do?

Thanks,

Bruce

[Carolina+James 1]

When I applied for SSN card, I wrote that my parents' name were [1st name] [1st last name] [2nd last name]. The clerk then asked me what it really was, if it that [1st last name] was a family name or a middle name. I then said they were both family names, and she explained to me to leave middle name blank then.

This is how my name is now: I have a [first name], [no middle name], and [my husband's last name].

I believe that maybe the officer got confused that your wife said that her family last name was her middle name, and not another last name.

I do not have experience with naturalization, just saying what happened at the SSA office regarding me filling the form with my parents' name to maybe give some light to your case.

[jay-bee 0]

Hi,

I am from the Philippines and we do the same thing. When women get married, the middle name is replaced by the father's last name. I have done quite a few research on this. What will happen is that your wife will have a 'special' oath taking (forgot what it is called, i'll find out) for people who have name changes. This can drag the oath taking from 6 months to a year - as what I heard.

But it was surprsing that the IO does not understand the name changes. Maybe only few does it in your state. In CA, specifically in San Diego, there are lots of Filipinos, so the IOs are very familiar.

And why does the IO care about W2s? wierd....

Goodluck!

[VanessaTony 3,567]

In the US there are 3 types of marriage certificates (that I've seen):

1. Ones where you have husbands name BEFORE marriage and wifes name BEFORE marriage only

2. Ones where you have husbands name BEFORE marriage and wifes name AFTER marriage only

3. Ones where you have husbands name BEFORE and AFTER marriage and wifes name BEFORE and AFTER marriage.

I personally have the 3rd option so i could have COMPLETELY changed my name but I elected to only change my last name.

If you have the 2nd option you MUST write what you want the wife's name to be AFTER marriage. Her maiden name isn't written on it at all.

If you have the 1st option.. well.. the only LEGAL name change accepted based on this is usually the last name as there is written proof that you "can" take his name. Issue is, you have NO PROOF of her middle name change, just stuff you wrote on forms that got entered on a computer. It would be like changing her first name... there's no proof. Did you show him the SSN card? Did you show him drivers licence etc? Was that not good enough? I think you may just need to change all her things back to what her name is LEGALLY. Maybe visit a court house in your area to confirm your states "name change" laws? Someone there should be able to tell you whether you can change her middle name just using the marriage certificate.

Here are some articles I found on it:

- http://family-law.lawyers.com/Name-Changes-and-Document-Updates-After-Marriage.html

- http://www.ehow.com/how_4517169_change-legal-name-new-jersey.html (this here "If you’re a legal alien ready to become a U.S. citizen, you can also change your legal name. Talk to your Immigration and naturalization officer about having your name changed as part of your naturalization ceremony. They have to work with the court to make this happen." could work for you too

- http://boards.weddingbee.com/topic/nj-name-change-can-i-have-two-middle-names (this says that changing your middle name is a "true name change" and requires a court order)

Looks like you should try them doing it at the naturalization ceremony. Apparently there's a place on the N-400 form... perhaps you could amend that form given the current information?? here's a link on that: http://en.wikipedia.org/wiki/Name_change#United_States

Good luck, hope that helps.

Oh, worst case scenario, she goes to court following her naturalisation and changes her middle name via a court order. A pain because I'm sure she wants her "proper" name on the certificate. Hope it works!!

[Que-Kiam 0]

I agree, most females when they get married, the maiden name change from First Name, Mothers Last Name, Fathers Last Name TO First Name, Fathers Last Name (Becomes Her Middle Name), Husband's Last Name (Becomes Her New Last Name)

I would say 90% in this world follow the rules. I dont get why the Interviewer Officer is very confuse about this? That is why there's a question on every form regarding about the Maiden Name.... Oh well, the Officer needs more training. Since most of her identification are under First Name, Fathers Last Name (Becomes Her Middle Name), Husband's Last Name (Becomes Her New Last Name, there is no other possible reason why she have to use her maiden name plus a new last name under the husbands last name.

The officer is giving you a hard time, ask for another interviewer, or ask for someone who can understand, ask for a female interviewer...

Edited April 30, 2010 by 3Stars&ASun

[VanessaTony 3,567]

I agree, most females when they get married, the maiden name change from First Name, Mothers Last Name, Fathers Last Name TO First Name, Fathers Last Name (Becomes Her Middle Name), Husband's Last Name (Becomes Her New Last Name)

I would say 90% in this world follow the rules.

90% of people in your country?? Because DEFINITELY not in Australia. Or the UK. The STANDARD is First Name, Middle Name, HUSBANDS last name. This has changed of course with feminism and other such things.

Some people now hyphenate, some don't change at all, some put their maiden name as their middle name... MAJORITY only change their last name to their husbands name.. if changing their name at all.

Edited April 30, 2010 by Vanessa&Tony

[bislig2alabama 1]

When we married my wife's first name stayed the same, but her middle name changed to her father's last name and her last name became my last name. When we went to immigration we were told that her middle name had to be that which was on her birth certificate. Even though all her documents had her middle name as her fathers, even the Green card. She naturalized with her middle name as immigration said, middle name same as birth certificate. As an American she had a couth order $18 and about one hour wait, to change her middle name back to her father's name. Then all The documents matched again and we did not need to change anything else. It just was not worth the effort to debate immigration. She passed the test, took the oath then changed her name back.

problem solved

[angelroche 0]

When we married my wife's first name stayed the same, but her middle name changed to her father's last name and her last name became my last name. When we went to immigration we were told that her middle name had to be that which was on her birth certificate. Even though all her documents had her middle name as her fathers, even the Green card. She naturalized with her middle name as immigration said, middle name same as birth certificate. As an American she had a couth order $18 and about one hour wait, to change her middle name back to her father's name. Then all The documents matched again and we did not need to change anything else. It just was not worth the effort to debate immigration. She passed the test, took the oath then changed her name back.

problem solved

Hello..What was the procedure when you get to court? I will have the same scenario. The IO changed my name during the interview but as soon as I am approved and got my certificate I need to change my name back to where all the rest of my documents are. Would you kindly share the process?

[bislig2alabama 1]

Hello..What was the procedure when you get to court? I will have the same scenario. The IO changed my name during the interview but as soon as I am approved and got my certificate I need to change my name back to where all the rest of my documents are. Would you kindly share the process?

yes, this seems to be a problem for those who marry in the states. If you marry in the Philippines then our governemt approves the marriage name as on the Philippine document.

Each state has a different procedure. In Alabama the local counnty probate court does the change. We only needed proof of I.D. and residency. Then paid the fee and waited for a background check, less than an hour.

Pray that your solution will be as easy!

[NickD 203]

Wife also came from a country using that [First Name] [Middle Name] [her father's last name]-[My Last name] format.

Listed that way on her conditional and ten year green card and her SS card. She found this to be very confusing here with that Smith-Jones format, especially in things like the phone book directory. I also filled out our tax returns, even told her it not customary here to insert your dad's last name. At her N-400, she just wanted to drop the Smith part of her last name, as tough as her IO was, said that is no problem. Her certificate is using the [First Name] [Middle Name] [My Last name, her married name] format. And that is the way her US passport is. SS also had no problem in dropping her dads name.

Not really a name change, but more like an extra name drop.

On our marriage certificate, her name is listed as [First Name] [Middle Name] [her father's last name] which would also be her maiden name. She was previously married, but on her divorce, her name was legally changed back to her maiden name, so we had a paper trail. On like her credit cards and bank statements, they didn't have room to add her maiden name, so they told her it had to be left off. Most people in this country ignore that Smith-Jones last name and just use the very last name. So I am not sure why you are having a problem. Could be just your IO, some have some pretty strange ideas, would do an infopass and request to speak to a supervisor.

[angelroche 0]

yes, this seems to be a problem for those who marry in the states. If you marry in the Philippines then our governemt approves the marriage name as on the Philippine document.

Each state has a different procedure. In Alabama the local counnty probate court does the change. We only needed proof of I.D. and residency. Then paid the fee and waited for a background check, less than an hour.

Pray that your solution will be as easy!

Thanks for the info.. I wish it will be fast once I am approved. I really appreciate the insight.