Changing K2 Child Last Name

[Jaggerdude 0]

In our state (Illinois) we do not have to wait for naturalization, the only requirement is that he is a resident of the state for 6 months.

Basically we have 3 options:

1) Petition a Judge for "Legal Name Change of a Minor"

2) Petition for my "Step-Parent Adoption" and include the desire to change his name.

3) Wait until his naturalization and include it in the process.

We are doing #1 within the next few weeks and will be filing for my "Step-Parent Adoption" shortly thereafter. The whole reason we are filing separately is just to get the name change quicker. We are already experiencing confusion with his last name being different from the rest of the family and we hope to nip it in the bud so to speak.

The laws of your state will vary from ours but changes are pretty good that your options will be close if not the same.

Thanks for the reply Bob.

We're in the same situation....We're only waiting for the marriage certificate before sending out the AOS package but we're already experiencing the confusion/conflict of the name difference within the rest of the family. So I decided that best option is also #1 ASAP.

And I'm willing to wait for the decree to allow the name change, so I can hopefully submit it as part of the I-485 for my K2 stepdaughter, so that all her documents from here on out would be consistent. Which is another issue I thought I would like to add--can I change her last name in the I-485 as long as I provide the consent decree from the judge?

Thanks again!

[Deputy Purple 1,294]

And I'm willing to wait for the decree to allow the name change, so I can hopefully submit it as part of the I-485 for my K2 stepdaughter, so that all her documents from here on out would be consistent. Which is another issue I thought I would like to add--can I change her last name in the I-485 as long as I provide the consent decree from the judge?

You should be able to use a copy of the oder signed by the judge but you may want to contact USCIS and see if they have a specific procedure for reporting a name change.

[Jaggerdude 0]

You should be able to use a copy of the oder signed by the judge but you may want to contact USCIS and see if they have a specific procedure for reporting a name change.

By contact USCIS, do you mean write, email, or call? In my experience, I have been unable to get any assistance from the, which is why I'm left with forums such as this.

[Deputy Purple 1,294]

By contact USCIS, do you mean write, email, or call? In my experience, I have been unable to get any assistance from the, which is why I'm left with forums such as this.

Maybe an InfoPASS appointment? That's where I would start.

[Jaggerdude 0]

Maybe an InfoPASS appointment? That's where I would start.

Okay. I consulted an Immigration lawyer who also happened to be a ex-INS adjudicator. He told me I could submit the name change for my stepdaughter with the AOS package. No need to petition the local court for a name change! Unless anyone can say they have a different experience, I'd go with what the lawyer said.

[Deputy Purple 1,294]

Okay. I consulted an Immigration lawyer who also happened to be a ex-INS adjudicator. He told me I could submit the name change for my stepdaughter with the AOS package. No need to petition the local court for a name change! Unless anyone can say they have a different experience, I'd go with what the lawyer said.

The issue I see with this is that USCIS has no authority to issue a name change order. That's why if you do it during the Naturalization process you will encounter a delay as you must appear before a judge to get the order.

Please report back if this route is successful or not.

[marklovetina 52]

In our state (Illinois) we do not have to wait for naturalization, the only requirement is that he is a resident of the state for 6 months.

Basically we have 3 options:

1) Petition a Judge for "Legal Name Change of a Minor"

2) Petition for my "Step-Parent Adoption" and include the desire to change his name.

3) Wait until his naturalization and include it in the process.

We are doing #1 within the next few weeks and will be filing for my "Step-Parent Adoption" shortly thereafter. The whole reason we are filing separately is just to get the name change quicker. We are already experiencing confusion with his last name being different from the rest of the family and we hope to nip it in the bud so to speak.

The laws of your state will vary from ours but changes are pretty good that your options will be close if not the same.

uhmm.. ok tnx bob 4 anna, i already added this thread to my watch list.. and so honey can read this too...

Edited June 23, 2010 by godsgift

[payxibka 10,045]

Okay. I consulted an Immigration lawyer who also happened to be a ex-INS adjudicator. He told me I could submit the name change for my stepdaughter with the AOS package. No need to petition the local court for a name change! Unless anyone can say they have a different experience, I'd go with what the lawyer said.

Name change laws are under the jurisdiction of the state. USCIS is an agency of the federal government and has absolutely no jurisdiction to facilitate a legal name change.

[Jaggerdude 0]

This is what the lawyer said. The rationale behind the name change for the K2 child on the AOS is derived from the same name change for the K1 wife. Since the K2 child immigration status is really a derivative of the parent. When mother changes name by virtue of marriage, the stepchild can also change the name in the immigration document.

And issuing a green card with whatever name it deems to be legal gives the USCIS and/or Dept of Homeland Security the authority to institute a name change. When it issues the green card under the new name for the wife, it can do so for the child.

Also, there is no need to appear before a judge to change your name upon naturalization. I know--I changed my name when I was naturalized and it was a simple election.

[sunandmoon 450]

This is what the lawyer said. The rationale behind the name change for the K2 child on the AOS is derived from the same name change for the K1 wife. Since the K2 child immigration status is really a derivative of the parent. When mother changes name by virtue of marriage, the stepchild can also change the name in the immigration document.

And issuing a green card with whatever name it deems to be legal gives the USCIS and/or Dept of Homeland Security the authority to institute a name change. When it issues the green card under the new name for the wife, it can do so for the child.

Also, there is no need to appear before a judge to change your name upon naturalization. I know--I changed my name when I was naturalized and it was a simple election.

If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

The USCIS asks for proof of a legal basis for a name change. The marriage certificate is legal basis for spouse's change. a marriage cetificate is not a legal basis foe a child's name change.

[Deputy Purple 1,294]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

The USCIS asks for proof of a legal basis for a name change. The marriage certificate is legal basis for spouse's change. a marriage cetificate is not a legal basis foe a child's name change.

I didn't see anything in your link that related to changing a child's name via AOS or USCIS.

Here is a post in another thread that shows what USCIS Allows.

I still don't see anything that shows you can change a child's last name via AOS. Even for you wife it isn't the AOS process that will change her name, the marriage does that. Step children don't get to change their name based on the mother's marriage.