Name Change

[Ireentje 0]

Hi everyone!

A quick summary before I jump into my question: female F1 student from the Netherlands, marrying my USC fiance in New York state in February 2012, immediately after that applying for AoS.

I'm having a hard time figuring out what to do about my name change. The goal is to become FirstName MaidenName HisLastName, with my maiden name becoming my new middle name. This is no longer an option through marriage in New York state, however (in some states you're still allowed to change your middle name when marrying, but not here. Boo.) So at some point, this will involve going to court. Supposedly this should be a pretty straightforward decision from the judge, even though it's a hassle with paperwork and stuff. I am under the impression that legal immigrants should have no problem with this process either (if I'm wrong, please correct me).

The question relates to timing and to filling out the different AoS forms.

My current name in my Dutch passport is: FirstName MiddleName1 MiddleName2 MiddleName3 HerLastName. Yes, I know... way too many middle names Thanks mom and dad. My current SSC (I'm a grad student paid through the university, so I've had a SSC for a while now) shows me as FirstName MiddleName1 HerLastName. I don't quite remember how this went but I think the lady at the Social Security Office just thought this would be the best way to do it. My DL, however, shows me as just FirstName HerLastName.

When we fill out our marriage license, I can choose to become FirstName MiddleName1 HisLastName, right? They'll be looking at my birth certificate, which shows all my names, but presumably they'll go from my current SSC and take just my one middle name, right? So after the wedding my MiddleName1 will still be MiddleName, and HerLastName becomes HisLastName. I'm then planning on petitioning the court here for a name change to FirstName MaidenName HisLastName (i.e. changing my middle name, and indirectly dropping all the other names, even though neither my SSC or DL currently lists those anyway.)

But... how should I fill out my name on my AoS documents? Should I use FirstName MiddleName1 HerLastName (my current SSC), FirstName MiddleName1 HisLastName (my name after getting married, even though it's not want I want it to be in the future), or should I already use FirstName MaidenName HisLastName, even though I'm yet to get approval from the court to use this name, and my marriage license won't list me as such?

I'm hoping that the court hearing will go really quickly, and that perhaps at the AoS interview I'll already be able to show my new court-approved name... I'm also hoping that by then I'll already have a new SSC and DL too, because they'll be able to change it with my marriage license and court order.

Or am I making this all way too complicated? Should I not bother getting FirstName MaidenName HisLastName on my (conditional) green card?

Thanks so much for your input VJ-ers!

Irene

Edited November 4, 2011 by Ireentje

[Joandjo 20]

I don't know about the name change and if someone else has a different opinion please take it under consideration. It seemed to me that the K1 Visa (Fiancee not spouse) was the cheapest and simplest Visa. That's why we opted not to marry first. My fiancee is from the Philippines.

[Ireentje 0]

I don't know about the name change and if someone else has a different opinion please take it under consideration. It seemed to me that the K1 Visa (Fiancee not spouse) was the cheapest and simplest Visa. That's why we opted not to marry first. My fiancee is from the Philippines.

I'm already in the US and so marriage first and then AoS is the right option for me, not a K1 visa. Thanks

[Touch of Treble 39]

I'm already in the US and so marriage first and then AoS is the right option for me, not a K1 visa. Thanks

Hi Irene,

If you have all the names on your BC then here's a possible work around...

first name, mid name 1,2,3, maiden name,HIS last name...just add it on.

Then you have it all covered and there is no name change. The only time you have to use all your names is in the legal type areas and in the normal course of the day that wouldn't be too often.

To change your name you need to go to a lawyer. My Fiance had to do this recently, long story, cost about $1000 all up and took 6 weeks.

[Ireentje 0]

Hi Irene,

If you have all the names on your BC then here's a possible work around...

first name, mid name 1,2,3, maiden name,HIS last name...just add it on.

Then you have it all covered and there is no name change. The only time you have to use all your names is in the legal type areas and in the normal course of the day that wouldn't be too often.

To change your name you need to go to a lawyer. My Fiance had to do this recently, long story, cost about $1000 all up and took 6 weeks.

Thanks for your reply! The thing is I don't WANT all my middle names anymore... it's just a hassle here in the US.

I'm surprised your fiance saw a lawyer. As far as I know, in NY, you can get reliable and free online help filling out the court forms/petition, and the total cost is approx. $200-$300...

Has anyone else gone through this process in NY?

Edited November 4, 2011 by Ireentje

[pluis 2]

Hi Ireentje,

As a Dutch citizen (which you still are and will probably be even if you gain US nationality a few years from now), you cannot legally lose your maiden name. Dutch law does not allow it, for some reason. You're only allowed to 'use' a partner's last name. You can look up the laws on 'naamsgebruik' online, if you want.

I was planning to take my fiance's last name too, after marriage, but seeing as it's impossible to have it changed legally, I have felt forced to decide to not even use his last name to avoid confusion. It's possible that you could legally use Hislastname on your American paperwork, but I don't know what the consequences would be for anything you'd still have to do with the Dutch government (like renewing your Dutch passport, etc.)

Maybe it's a smart move to ask the Dutch consulate in the US? I'm sure they've had this question before..

[Ireentje 0]

Hi Ireentje,

As a Dutch citizen (which you still are and will probably be even if you gain US nationality a few years from now), you cannot legally lose your maiden name. Dutch law does not allow it, for some reason. You're only allowed to 'use' a partner's last name. You can look up the laws on 'naamsgebruik' online, if you want.

I was planning to take my fiance's last name too, after marriage, but seeing as it's impossible to have it changed legally, I have felt forced to decide to not even use his last name to avoid confusion. It's possible that you could legally use Hislastname on your American paperwork, but I don't know what the consequences would be for anything you'd still have to do with the Dutch government (like renewing your Dutch passport, etc.)

Maybe it's a smart move to ask the Dutch consulate in the US? I'm sure they've had this question before..

Thanks everyone. I've decided to petition the court for a name change right after getting married. I've been in touch with the clerks here in town and it all seems pretty straightforward, quick, and not too expensive ($210 for paperwork, and maybe around $30 more to publish new name in newspaper. No need at all to get a lawyer; you can pick up the application/petition package for a name change at the clerks' office). I'll apply for the AoS with my new court-approved name (Firstname MaidenName HisLastName), and with the court order get a new SSC and DL to match.

Thanks for the heads-up about Dutch laws... I knew about that already but should have mentioned it in the original post. We are planning to live in the US for the rest of our lives, but when the time comes for a new Dutch passport I will add my husband's name as "spouse of..." (this is the way it's done in the Netherlands, you indeed never "lose" your maiden name, but you can add "married to... (spouse's name)"). Also, until I have a US passport, I will keep traveling (internationally) under my maiden name as that is the name in my Dutch passport. For all other purposes though: new name!

Edited November 8, 2011 by Ireentje