Can my fiance change his last name before marriage?

[Nicoco 26]

What if my fiance wants to change his last name before we get married so that I won't have to change my name twice?

[Kathryn41 3,205]

The following response from Vanessa& Tony has been copied here from where it was posted in the thread from which this topic was split:

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- 05:04 PM, said:

I don't understand the question. is the MALE trying to change his name? Based on marriage? Or legal name change?

For instance, is his name Ben Smith and he wants to be Ben Jones, so that you, Mary Lee will be Mary Jones? Or is he wanting to change from Ben Smith to Ben Lee?

This post has been edited by Vanessa&Tony: Today, 05:38 PM

[Kathryn41 3,205]

Traditionally, a woman can take her husband's last name upon marriage so the system is set up to accommodate that sort of a name change. A man, however, does not traditionally change his name upon marriage so there is no real avenue to change a man's name except through the legal name-change process.

If you are going through a K-1, he can change his name before he gets here, but that will complicate the situation as all of his identification so far has been submitted in his current last name. He would have to ensure his US visa information and passport information is the same - which would probably add some time for processing concerns prior to his arrival in the US. Since you have to marry within 90 days, you may wish to check into what the requirements in your state are for a legal name change and if it can be accomplished in the time available before your marriage. That would ensure you would have that name as a married name. He would then have to provide all of the legal name change documentation to his Adjustment of Status paperwork as well. There may or may not be enough time to process this before the marriage so you may end up with his current last name on marriage. You will then need to check with the State to see if your 'married' name automatically changes to his new last name when he changes it or if you need to go through an official name change yourself.

It does become complicated when a man wishes to change his name. Good luck! Is there a problem with the last name he currently has that neither of you wish to continue to use it when he enters the US? (I know, that is being nosy and none of my business, but I am curious why he would want to change his name).

[Nicoco 26]

It is personal reasons that have to do with his family, but I know either way we will end up changing it, but it would just be nice to change it AFTER he gets here, but BEFORE we get married. We will be getting married in PA. Where would I find info on this kind of stuff? My state website?

[VanessaTony 3,567]

It is personal reasons that have to do with his family, but I know either way we will end up changing it, but it would just be nice to change it AFTER he gets here, but BEFORE we get married. We will be getting married in PA. Where would I find info on this kind of stuff? My state website?

It's going to be a pretty big hassle to do it AFTER he's here and BEFORE the wedding. You have 90 days to get married. Yes the info for a name change should be on your state website. It's just weird to me that he'll try and change it while "visiting" another country. I know a K1 isn't really a "visit" but you won't be married and he has no legal status here except as a fiance, so how does your state have the "right" to change his name. They might, its just weird to me. Like me going to Germany tomorrow and having them change my name while I'm there.

[Nicoco 26]

Ok, well I guess it would be better to do after the wedding then! I just hope that if his name changes, mine will too.

[Jojo92122 1,924]

What if my fiance wants to change his last name before we get married so that I won't have to change my name twice?

There are only two ways for your fiancee to legally change his name.

If he wants to change his name before marriage, he needs a court order.

If he wants to change his name to yours after marriage, it can be done with just your marriage certificate. Although, men do not traditionally change their names to their wives' last names, it is legal to change to do with a marriage certificate.

If he wants to change his name to another name that is not yours, then he needs a court order.

[Jojo92122 1,924]

Traditionally, a woman can take her husband's last name upon marriage so the system is set up to accommodate that sort of a name change. A man, however, does not traditionally change his name upon marriage so there is no real avenue to change a man's name except through the legal name-change process.

If you are going through a K-1, he can change his name before he gets here, but that will complicate the situation as all of his identification so far has been submitted in his current last name. He would have to ensure his US visa information and passport information is the same - which would probably add some time for processing concerns prior to his arrival in the US. Since you have to marry within 90 days, you may wish to check into what the requirements in your state are for a legal name change and if it can be accomplished in the time available before your marriage. That would ensure you would have that name as a married name. He would then have to provide all of the legal name change documentation to his Adjustment of Status paperwork as well. There may or may not be enough time to process this before the marriage so you may end up with his current last name on marriage. You will then need to check with the State to see if your 'married' name automatically changes to his new last name when he changes it or if you need to go through an official name change yourself.

It does become complicated when a man wishes to change his name. Good luck! Is there a problem with the last name he currently has that neither of you wish to continue to use it when he enters the US? (I know, that is being nosy and none of my business, but I am curious why he would want to change his name).

It is not any more complicated for a man to change his name than a woman.

In California, a man can change his last name to his wife's last name with just the marriage certificate. It works the same way for a woman who wants to change her last name to her husband's last name.

To change a name to anything else (think "Ocho Cinco"), then a court order is required.

http://www.nolo.com/legal-encyclopedia/changing-your-name-in-california-30079.html

[Jojo92122 1,924]

It is personal reasons that have to do with his family, but I know either way we will end up changing it, but it would just be nice to change it AFTER he gets here, but BEFORE we get married. We will be getting married in PA. Where would I find info on this kind of stuff? My state website?

http://www.ehow.com/how_4499134_legally-change-name-pennsylvania.html

How to Legally Change Your Name in Pennsylvania

By Jill Leviticus, eHow Contributor

Legally changing your name in Pennsylvania is a fairly straightforward process and can usually be accomplished in less than three months. As long as you have a valid reason for changing your name, have not committed a serious crime and are not attempting to avoid a debt or legal judgment, your request will likely be granted. The name change process is not difficult and only requires that the petitioner take a few steps to begin the process.

Difficulty:

Moderately Easy

Instructions

Things You'll Need

Name change petition

Fingerprint card

Newspaper advertisement

Applicable fees

1

File a petition with the Court of Common Pleas in the jurisdiction in which you live and pay the filing fee. The petition must include: your name and address, the reason for the name change and any other addresses you have lived at in the past five years. Your spouse and adult children may be listed as party petitioners for the name change if desired.

2

Provide a fingerprint card. The petition must be submitted along with your fingerprints. Both items are forwarded to the Pennsylvania State Police. Fingerprints must also be included for any party petitioners. The State Police will then determine if you have a criminal record and pass this information on to the Court of Common Pleas within 60 days.

3

Publish a notice of your intention to change your name in two newspapers in the county in which you live or in nearby counties if there is are no newspapers in your county.

4

Attend the name change hearing. The hearing will be scheduled any time from one to three months after the petition is filed. Bring copies of the notices that you placed in local newspapers. The petition will not be granted if there are judgments or decrees of record against your current name. The judge will ask if anyone present at the hearing objects to your name change and may take any objections into consideration before making a decision. Minor children of the petitioner will be given the new surname, unless the judge rules otherwise.

Tips & Warnings

In some cases, you may be permitted to change your name if you have a criminal record. The petition might be granted if at least two calendar years have passed since the completion of your sentence and you are no longer on parole or probation or if you have been pardoned. You will usually not be permitted to change your name if you have been convicted of murder, rape, voluntary manslaughter, statutory sexual assault, involuntary deviate sexual intercourse, arson, aggravated assault, robbery, kidnapping, criminal conspiracy or attempt to commit any of the crimes listed above.

If you are divorcing and want to resume using your original last name, you can do so by filing a written notice with the Office of the Prothonotary in the county in which you filed for divorce. Include the caption and docket number of the divorce proceeding in the notice.

Changing your last name as a result of marriage in Pennsylvania is a simpler process. Your marriage certificate will serve as evidence of your marriage which you can then use to notify the various financial and government institutions of your name change.

A name change will not be granted if the court determines that you wish to change your name to avoid obligations, debts or legal actions or wish to defraud another person.

[Ning 619]

It is personal reasons that have to do with his family, but I know either way we will end up changing it, but it would just be nice to change it AFTER he gets here, but BEFORE we get married. We will be getting married in PA. Where would I find info on this kind of stuff? My state website?

First carefully consider what Kathryn has said. Then put some thought into all the things you will be doing in the near future. Adding this into the mix is just a lot of work & drama that you may not need right now.

I know some of the backstory on this subject. I would caution you that doing this is about the worst thing he could to anger his family. Forgiveness will be very difficult by the family in Thailand. It may not seem to be important now but it could be huge later. What is to be gained by this much disrespect of the very people that supported him for all these years? Vengence? There is time to do this later if it just has to be done.

If he wants to do this in Thailand its not too hard. But as Kathryn cautions it will cause many problems with the docs that are in process.

I hope you will both realize these things are not productive or helpful. If this was important why wasnt it done a long time ago? Because he knows the impact it would have had on him as it relates to his Thai family. Their support will end as soon as they become aware of him even thinking of this.

A member did your home work for you on how to do it where you live. Think it over & proceed as you will after he is here if you want.