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Canadiandggal

Name change of Minor

By Canadiandggal in Canada

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Canadiandggal Proficient

Canadiandggal   49

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Filed: IR-1/CR-1 Visa Country: Canada
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Posted (edited)

Hello all.

I have been looking into legally changing my sons name for a few months now, I will be changing it to my husbands last name.

I did look into it before I had left Canada but they told me I would have to return his Birth certificates and That it would take 8-12 weeks for the process IF IT WAS APPROVED. Unfortunately when I was looking into it, I was moving here 6 weeks later so I opted to wait.

I was told that I could legally change it through the state I am living in, each state has different laws and terms.

We just arrived in the states on October 31st 2010, I will have to remove our conditions in july/aug of 2012.

Now To my question/advice if anyone has been in my situation,

IF I do get the opportunity to change his name in the next year, what will I have to do in regards to USCIS. Would I inform them via phone and then just file his name as the new one when needed on all up coming paperwork?

What about All of my paperwork for him including custody of him have his Birth name on them, I do not think I can get a Judge to correct his name on court papers.

I am just trying to figure out how hard this is really going to be for us. It seems to be so complicated and I have yet to even start the process.

Thanks In advance

Edited by Canadiandggal

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

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~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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You want a legal name change for him? or you want your son to be adopted and have the name and the father?

Having just a legal name change doesnt make him the father of your son or give him rights etc. You would need to go through an adoption and then you would have adoption papers to show the name change and all the rest.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Canadiandggal Proficient

Canadiandggal   49

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

You want a legal name change for him? or you want your son to be adopted and have the name and the father?

Having just a legal name change doesnt make him the father of your son or give him rights etc. You would need to go through an adoption and then you would have adoption papers to show the name change and all the rest.

For now we are just looking at name change, a adoption Is very complicated at the moment as they consider it an International adoption and not a step parent adoption. Which means we really have to wait till we are citizens before we do the adoption.

You are right in regards to him not having an legal right until adoption but he IS the only father my son knows so I beg to differ as to what makes him a father or not. In the eyes of the courts though he is a step father :)

again at the moment we are just looking for a legal name change until we become citizens.

You want a legal name change for him? or you want your son to be adopted and have the name and the father?

Having just a legal name change doesnt make him the father of your son or give him rights etc. You would need to go through an adoption and then you would have adoption papers to show the name change and all the rest.

I need to apologize that might have seemed snippy, what I mean is yes I know that in the eyes of the law, My husband will still have no rights etc and he will not be named as the Father on any paperwork :)

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

age.png

age.png

event.png

~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
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Posted

Its ok, I wasnt meaning it as in "hes not his father" of course hes his father. Just the legal part of being his father or not is what I mean. It would be scary to have something happen to you (god forbid) and then the father not have any rights over his son.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Canadiandggal Proficient

Canadiandggal   49

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Its ok, I wasnt meaning it as in "hes not his father" of course hes his father. Just the legal part of being his father or not is what I mean. It would be scary to have something happen to you (god forbid) and then the father not have any rights over his son.

Yes I know, It is just too complicated for now at least, I am going to go down to the local court house next week and see if there is anyway around it.

I have researched the idea a few times, I just do not think we should have to go through the same process as a usual adoption, I mean he has been his life for years now, why should we have to do the same process as someone trying to adopt a child from spain or china. Home studies etc.

However Thank you for bringing up the idea again as I automatically brought it back up to my husband.

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

age.png

age.png

event.png

~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

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