Eligibility to apply Citizenship - Please help

[bluehills73 2]

To All experts,

I was married in March 6 2009 and got my H1B adjusted and received my GC on Dec 4 2009. Now I applied to remove the condion and gave the biometrics a week back.

My question is when can I apply for a citizenship. My understanding is I will be eligeble to apply after March 6th 2012. Is that true? Or can I apply 90 days before the March 6th 2012.

Can any one help me understand the process.

I do understand I need to submit 3 yrs of Joint tax returns and I have for 2009, 2010 and will file for 2011 on January 2012. So I will have the documents ready by Feb 2012. We have a 2 yr old daughter now.

I am typically trying to avoid another Biometrics in March. I was told that I don't have to go for biometrics if I have one that was taken with in 6 months prior to the date of N-400 application.

Please help me understand the process.

[v333k 59]

You became a permanent legal resident on December 4th, which means you are eligible 90 days prior to Dec 4th of 2012. Yes, it is 90 days before your 3rd year LPR anniversary and not marriage.

Biometrics - some people do not get another notice when applying for naturalization if they have taken ones within 12 months, but others have said that they had to go anyway.

Read the naturalization guide - very very helpful and has all the information you need. http://www.uscis.gov...ticle/M-476.pdf

Edited October 18, 2011 by v333k

[bluehills73 2]

You became a permanent legal resident on December 4th, which means you are eligible 90 days prior to Dec 4th of 2012. Yes, it is 90 days before your 3rd year LPR anniversary and not marriage.

Biometrics - some people do not get another notice when applying for naturalization if they have taken ones within 12 months, but others have said that they had to go anyway.

Read the naturalization guide - very very helpful and has all the information you need. http://www.uscis.gov...ticle/M-476.pdf

Thank you. But have a qn. I am looking to add my middle name and add few letters to my first name. So I thought of do it at the time of citizenship which will be easy and I don't have to go thru whole lot of paper work in both countries back in home for passport and in US for Green card.

What if I will go thru all the paperwork and change my name now. Will I be asked why I change the name at the time of Interview for N-400. I am changing it for Astro/namelogy reason which I strongly belive. Please no judgement here.

So does adding few letters to my first name will create any delays at the time of Citizenship interview. Any help would be appreciated.

Thank you.

[v333k 59]

Thank you. But have a qn. I am looking to add my middle name and add few letters to my first name. So I thought of do it at the time of citizenship which will be easy and I don't have to go thru whole lot of paper work in both countries back in home for passport and in US for Green card.

What if I will go thru all the paperwork and change my name now. Will I be asked why I change the name at the time of Interview for N-400. I am changing it for Astro/namelogy reason which I strongly belive. Please no judgement here.

So does adding few letters to my first name will create any delays at the time of Citizenship interview. Any help would be appreciated.

Thank you.

I am not 100% sure, but I know changing it during natz is easier. I don't think it will affect your process or the speed of it.

[bluehills73 2]

I am not 100% sure, but I know changing it during natz is easier. I don't think it will affect your process or the speed of it.

Thank you again. Can any one have any idea on changing the name while I was on Green card and will that be a problem when I apply for a citizenship? As to why I add middle name and add few letters on the first name.

[Dave&Roza 748]

Plus you will have to file the I-90 form to change your name on the GC and that costs $450 with another possible biometrics appoinment. I would just wait until Naturalization which is 90 days before becoming a LPR AND married to a USC for 3 years. For your case it is September 5th 2012.

The less I have to deal with the USCIS the better so I would wait and file the N-400 with the new name and it becomes your new legal name at the swearing in.

Dave

[bluehills73 2]

Plus you will have to file the I-90 form to change your name on the GC and that costs $450 with another possible biometrics appoinment. I would just wait until Naturalization which is 90 days before becoming a LPR AND married to a USC for 3 years. For your case it is September 5th 2012.

The less I have to deal with the USCIS the better so I would wait and file the N-400 with the new name and it becomes your new legal name at the swearing in.

Dave

Yes. It Makes sense and sounds like a nice place. Thanks a bunch. I really appreciate you all for the valuable information. Thanks.

[Brother Hesekiel 2,236]

As a foreigner, you cannot just change your name in the U.S. at will. Your foreign passport tells your name and if you got married you can change your name but you cannot ask a U.S. court to change your name as you are under the jurisdiction of your own country's government.

So if your Indian passport says your name is Mahatma Gandhi, then a U.S. court has no authority to change it to Daamodar, as you then would have to take this document to the Indian embassy or consulate to change your Indian passport.

It doesn't work that way.

Once you become a U.S. citizen, you can change your name as you are then reborn as an American, and all your documents will then reflect that. At the same time you will lose your Indian citizenship and you would have to surrender your Indian passport anyway. If you later apply for O.C.I., it will be in your U.S. passport, as an American, nothing else.

[bluehills73 2]

Yes. It Makes sense and sounds like a nice place. Thanks a bunch. I really appreciate you all for the valuable information. Thanks.

Dave, I've gone thru the Naturalization guide and they mentioned this.

Congress didnot give USCIS legal authority to change a person's name when that person naturalizes.

1. if you present proof that you have already changed your name according to the legal requirements that apply to persons living in your State, USCIS can issue the certificate of naturalization with your new name.

2. if you are going ot take the Oath of Allegiance at a Naturalization ceremony that is held in court, you may ask the court to change the name.

Does this mean I have to change my name before naturalization thru Court? Please advise.

[bluehills73 2]

As a foreigner, you cannot just change your name in the U.S. at will. Your foreign passport tells your name and if you got married you can change your name but you cannot ask a U.S. court to change your name as you are under the jurisdiction of your own country's government.

So if your Indian passport says your name is Mahatma Gandhi, then a U.S. court has no authority to change it to Daamodar, as you then would have to take this document to the Indian embassy or consulate to change your Indian passport.

It doesn't work that way.

Once you become a U.S. citizen, you can change your name as you are then reborn as an American, and all your documents will then reflect that. At the same time you will lose your Indian citizenship and you would have to surrender your Indian passport anyway. If you later apply for O.C.I., it will be in your U.S. passport, as an American, nothing else.

Brother Thank you. I appreciate your time and response. I wanted to let you know As a foreigner we still can change the name in US court. But we also have to change it in Home country.

Apply the name change applicaiton

Advertisment in Newspapter in both country where I used to live and current place.

then I need to bring the news paper cutting to the final hearing and give the acceptable reason why I want to change the name

and I will be given the final order from the court.

There after I should change it in SSN with court order and driver license with changed SSN.

Afterwards with new DL, both newspaper cutting I should apply for the new passsport in the foreign consulate in US.

Finally I get my home country passport with new name.

Afterwards I can change the name in the Greencard.

But I didn't want to go thru all these and I thought its time waste and money waste and wanted to change it during the Naturalization. But while reading the book I came to know that's not possible either. But I still think it's possible.

My husband was asked at the time of his interview (Do you want to change your name) which he replied "NO".

Unless if they passed any bill recently which I am unaware.

[Jessica24 3]

Dave, I've gone thru the Naturalization guide and they mentioned this.

Congress didnot give USCIS legal authority to change a person's name when that person naturalizes.

1. if you present proof that you have already changed your name according to the legal requirements that apply to persons living in your State, USCIS can issue the certificate of naturalization with your new name.

2. if you are going ot take the Oath of Allegiance at a Naturalization ceremony that is held in court, you may ask the court to change the name.

Does this mean I have to change my name before naturalization thru Court? Please advise.

If you have already changed your name, then you need to submit the needed evidence from the corresponding court to get your naturalization certificate in your new name. As mentioned by the second point, if you take your oath in the presence of a court, you can request a name change. If it is approved, then the certificate will be issued in your new name.

[NickD 203]

2,700 miles of driving for my wife and stepdaughter, three each 450 miles round trip. USCIS states they may use your last biometrics if within 15 months, but what do you do if you receive an appointment notice stating if you don't show up, your application will be denied? We just did it.

USCIS did let my wife drop her maiden name on the N-400, wasn't considered a name change, same with SS and her drivers' license. But any other form of name change requires having that done in a court of law. How much time that will add is a good question, depends upon your field office and how busy your courts are. Will always require a paper trail.

There are 80 different field offices, each with different policies on this issue, best to discuss this with your IO at your interview. Also 200 different countries, the DOS deals with, each with different rulings regarding your home country's laws and the laws of the our DOS. Is a section on this board about home countries, can post there to see what your fellow countryman have done.

[bluehills73 2]

2,700 miles of driving for my wife and stepdaughter, three each 450 miles round trip. USCIS states they may use your last biometrics if within 15 months, but what do you do if you receive an appointment notice stating if you don't show up, your application will be denied? We just did it.

USCIS did let my wife drop her maiden name on the N-400, wasn't considered a name change, same with SS and her drivers' license. But any other form of name change requires having that done in a court of law. How much time that will add is a good question, depends upon your field office and how busy your courts are. Will always require a paper trail.

There are 80 different field offices, each with different policies on this issue, best to discuss this with your IO at your interview. Also 200 different countries, the DOS deals with, each with different rulings regarding your home country's laws and the laws of the our DOS. Is a section on this board about home countries, can post there to see what your fellow countryman have done.

Thank you. Any one know how many times a person can change their name under US constitution law?

[bluehills73 2]

2,700 miles of driving for my wife and stepdaughter, three each 450 miles round trip. USCIS states they may use your last biometrics if within 15 months, but what do you do if you receive an appointment notice stating if you don't show up, your application will be denied? We just did it.

USCIS did let my wife drop her maiden name on the N-400, wasn't considered a name change, same with SS and her drivers' license. But any other form of name change requires having that done in a court of law. How much time that will add is a good question, depends upon your field office and how busy your courts are. Will always require a paper trail.

There are 80 different field offices, each with different policies on this issue, best to discuss this with your IO at your interview. Also 200 different countries, the DOS deals with, each with different rulings regarding your home country's laws and the laws of the our DOS. Is a section on this board about home countries, can post there to see what your fellow countryman have done.

Hi NickD, I've gone thru all the paper work for FL state. Let's assume I go thru all the policies and get the final notice in the Court and change the name in GC and home country passport.

Will I be asked question at the time of N-400 Interview as to why I changed my name? Though I have court order submitted with the application.

[Brother Hesekiel 2,236]

Unless somebody shows me proof otherwise, I stand to what I stated: the U.S. government has no authority to change the name of a foreigner. I have been reborn with a new name as an American. If I take my name change to the German government and ask them to change my German name accordingly, they'll tell me to #### off as the U.S. government can't tell the German government to change the name of a German citizen. Hence I have two identities: an American one and a German one.

You, Syanthi, have only one: an Indian one, and nothing the U.S. government does can force the Indian government to change your Indian name. I'm not knowledgeable about Indian laws regarding name change, but if the Indian government agrees to change your name based on a decision of the U.S. government, you can consider yourself lucky.