K2 Last Name on AOS

[LynAndArt 2]

Hi,

What last name should I use on the the kids (K2s) AOS? My wife has two girls from her pervious marriage. They are currently using the surname from her first marriage.

I know she is planning to change her name and so we are filling her i-485 with my last name, but, I am not sure about the kids last name.

[Operator 1,927]

I don't believe they can take your last name unless you adopt them. It's very possible that I'm wrong but I think for the AOS paperwork that it must be the name in their passport.

[merkin&regine 18]

I don't believe they can take your last name unless you adopt them. It's very possible that I'm wrong but I think for the AOS paperwork that it must be the name in their passport.

Yes! I think you are wrong.. In US, youcan use any name you want but for the thread starter, I don't think you can use your last name on your wife's kids at this point as you need to file a change of name on your wife's son . If you use other names other than the legal name they currently have, you need to have supporting documents on that.

For me, the easier way to change your name is during naturalization of the kids as you are asked if you want to keep your name or change it

Good luck!

[Operator 1,927]

Yes! I think you are wrong.. In US, youcan use any name you want but for the thread starter, I don't think you can use your last name on your wife's kids at this point as you need to file a change of name on your wife's son . If you use other names other than the legal name they currently have, you need to have supporting documents on that.

For me, the easier way to change your name is during naturalization of the kids as you are asked if you want to keep your name or change it

Good luck!

Well there you go. Was I half right?

[VanessaTony 3,567]

Yes! I think you are wrong.. In US, youcan use any name you want but for the thread starter, I don't think you can use your last name on your wife's kids at this point as you need to file a change of name on your wife's son . If you use other names other than the legal name they currently have, you need to have supporting documents on that.

For me, the easier way to change your name is during naturalization of the kids as you are asked if you want to keep your name or change it

The person you quoted said exactly what was right, in fact you just repeated what they said but excluded the reference to adoption.

The wife can change her last and middle name thanks to marriage. The kids CANNOT. In order to change the kids last names usually it requires adoption. It depends on the state laws. Usually you require the permission of BOTH birth parents (so one can't be spiteful and change the name) to do a legal name change.

Even with naturalization (which is when they basically do a court order for you but it's free) it might not be possible to give the kids the OP's last name unless he adopts them. Again it depends on state laws.

.

[VanessaTony 3,567]

What last name should I use on the the kids (K2s) AOS? My wife has two girls from her pervious marriage. They are currently using the surname from her first marriage.

I know she is planning to change her name and so we are filling her i-485 with my last name, but, I am not sure about the kids last name.

The K2's last names are unchanged by your marriage. You must use their legal names, which is usually the name in their passport.

Your wife's last name can be changed to yours. Make sure you fulfilled your states requirement for legal name change. There was a thread recently where someone signed their marriage cert in their maiden name when their state laws require you to sign in married name if you're changing your last name. Now they're trying to fix that.

[LynAndArt 2]

The person you quoted said exactly what was right, in fact you just repeated what they said but excluded the reference to adoption.

The wife can change her last and middle name thanks to marriage. The kids CANNOT. In order to change the kids last names usually it requires adoption. It depends on the state laws. Usually you require the permission of BOTH birth parents (so one can't be spiteful and change the name) to do a legal name change.

Even with naturalization (which is when they basically do a court order for you but it's free) it might not be possible to give the kids the OP's last name unless he adopts them. Again it depends on state laws.

.

That is what I thought. So the name change for the kids has to wait until the adoption. So for the i-485 I use the same names as on their passports.

[VanessaTony 3,567]

That is what I thought. So the name change for the kids has to wait until the adoption. So for the i-485 I use the same names as on their passports.

I see you have your local office as Baltimore. I looked up the name change laws for a minor in Maryland and here is the "how to" list for a minor: http://www.courts.state.md.us/family/forms/drin62.pdf (from here: http://www.courts.state.md.us/family/forms/namechange.html)

According that that they will require the name of both birth parents, and then it is "preferable" to include consents from all parents/guardians. If you can't get consent then you need to serve them with notice of the name change petition (this usually requires proof of service). Then if no-one objects it will go through. Long-winded but possible.

I would go the adoption route myself, or let the kids make the decision when they're older.