US Naturalization and Dual Citizenship

[BB Family 299]

So after I am approved for Naturalization in the US, and if i wanted to apply for dual citizenship, what name should will be used on my Philippine Passport if i had my name legally changed during the naturalization process? Would it be my philippine legal name or would it be my new US legal name? Thank you.

[Hank_ 9,174]

Your legal name, which is your name now.

My wife changed her passport to her married name when she did the Report of Marriage.

[Tahoma 2,292]

You only have one legal name. Your legal name is the name on your U.S. passport. That's the name you will use when you apply for dual citizenship.

[maidtotravel 1]

Okay I think your getting confused as what to what MIDDLE NAME you will use.

In the US the middle name is the second name

In the Philippines the middle name is your mother's maiden name.

I have no second name so that will never be an issue but my husband does.

In his Filipino Passport he still uses: First Name, second name, mother's maiden name, last name

In his US passport he uses: First name, middle name is his second name, last name (he basically dropped his mothers maiden name).

[Tahoma 2,292]

Okay I think your getting confused as what to what MIDDLE NAME you will use.

In the US the middle name is the second name

In the Philippines the middle name is your mother's maiden name.

I have no second name so that will never be an issue but my husband does.

In his Filipino Passport he still uses: First Name, second name, mother's maiden name, last name

In his US passport he uses: First name, middle name is his second name, last name (he basically dropped his mothers maiden name).

Is your husband a naturalized U.S. citizen? If so, in my opinion, your husband needs to get his Filipino passport amended to his one and only legal name, which is the name on his U.S. passport.

[BB Family 299]

Here is an example. If i was born with the name Rosalyn Fernandez Dejesus. And i came to the united states and recieved my citizenship but on my N-400 i legally changed my name to Jane Kimberly Smith. Then went and applied for my dual citizenship. What would appear on my Philippine Passport, Rosalyn Fernandez Dejesus, or Jane Kimberly Smith? Thanks.

[DaveE 178]

I think the correct answer is that you get to choose which one you use. On the Bureau of Immigration Philippines web page there is a section on dual citizenship. One of the notes under procedures and document says "(Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate).

http://immigration.gov.ph/?option=com_content&task=view&id=163&Itemid=83

[Tahoma 2,292]

I think the correct answer is that you get to choose which one you use. On the Bureau of Immigration Philippines web page there is a section on dual citizenship. One of the notes under procedures and document says "(Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate).

http://immigration.gov.ph/?option=com_content&task=view&id=163&Itemid=83

I interpret the note differently: Filipinas who married a foreigner and who took their husband's name are allowed to use their married name on their Filipino passport (which would be the same name they would have on their U.S. passport).

[Hank_ 9,174]

I think the correct answer is that you get to choose which one you use. On the Bureau of Immigration Philippines web page there is a section on dual citizenship. One of the notes under procedures and document says "(Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate).

http://immigration.gov.ph/?option=com_content&task=view&id=163&Itemid=83

I don't agree with you. Once a woman is married she has only one legal name, and that is the name she uses on all her official documents; SS card, driver's license, U.S. PASSPORT (!) . Now to use this name on her Philippine passport she will need to report her marriage in the Philippines, then she can get her new passport issued in her MARRIED name.

My wife did this process just a few months ago.

[Caryh 5,206]

I don't agree with you. Once a woman is married she has only one legal name, and that is the name she uses on all her official documents; SS card, driver's license, U.S. PASSPORT (!) . Now to use this name on her Philippine passport she will need to report her marriage in the Philippines, then she can get her new passport issued in her MARRIED name.

My wife did this process just a few months ago.

Article 370 of the New Civil Code controls what names a Filipina can have after marriage.

Art. 370. A married woman may use:

(1) Her maiden first name and surname and add her husband’s surname, or

(2) Her maiden first name and her husband’s surname, or

(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

The Philippines is not supposed to issue a passport in a name that does not follow Philippine law. I have heard of occasional cases where a name other than specified by the law have slipped through, but also cases where its been rejected. Like many Philippine laws, sometimes its followed and sometimes its not.

You can say a woman has only one legal name, but she can end up with one legal name under USA law, and another legal name under Philippine law. My wife went through the process of registering our marriage a year ago, then renewing her passport under her married name. But we made sure we followed the Philippine naming convention and laws so there would be no conflicting issues.

Republic Act (RA) No. 8239 controls more of what can be the name on the passport. But basically it comes down to the full legal name, under Philippines laws.

http://ebookbrowse.com/republic-act-no-8239-philippine-passport-act-of-1996-implementing-rules-regulations-pdf-d229798381

Edited May 2, 2013 by Caryh

[Hank_ 9,174]

... and all of those listed are variations of a MARRIED name, not choose whether to use her single name or married name on her passport.

[DaveE 178]

Really not worth arguing about. My wife took my name, but while we were at the consulate in Washington DC, the lady told her it was perfectly legal to keep her maiden name for her new passport if she so desired. We were there to register our marriage and get her a new passport in her married name.

From one of the consulate web pages FAQ:

PASSPORTS

Q: I recently got married, do I need to change my surname and adopt the surname of my husband?
Married women have the option to retain their maiden name or adopt the surname of her husband or her maiden surname with the surname of her husband added. However, once she adopts her husband’s surname, she cannot revert to her maiden name unless her husband dies or the marriage is annulled or she is divorced by a foreign spouse. An authenticated death certificate, court decree or marriage certificate with the corresponding annotation are required for reverting to the maiden name.

http://www.philcongenmilan.net/faqs.html

Edited May 2, 2013 by DaveE

[Tahoma 2,292]

Article 370 of the New Civil Code controls what names a Filipina can have after marriage.

Art. 370. A married woman may use:

(1) Her maiden first name and surname and add her husband’s surname, or

(2) Her maiden first name and her husband’s surname, or

(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

The Philippines is not supposed to issue a passport in a name that does not follow Philippine law. I have heard of occasional cases where a name other than specified by the law have slipped through, but also cases where its been rejected. Like many Philippine laws, sometimes its followed and sometimes its not.

You can say a woman has only one legal name, but she can end up with one legal name under USA law, and another legal name under Philippine law. My wife went through the process of registering our marriage a year ago, then renewing her passport under her married name. But we made sure we followed the Philippine naming convention and laws so there would be no conflicting issues.

Republic Act (RA) No. 8239 controls more of what can be the name on the passport. But basically it comes down to the full legal name, under Philippines laws.

http://ebookbrowse.com/republic-act-no-8239-philippine-passport-act-of-1996-implementing-rules-regulations-pdf-d229798381

Article 370 does not control what name a Filipina can have after marriage. It's only advisory. If you'll notice, Article 370 states: "A married woman may use:" For example, upon marriage, a woman may use her maiden name. Case law has settled this issue.

Also, RA 8239 does not address the issue.

Do you know of anyone who has one legal name in the U.S. and a different legal name in the Philippines?

[Hank_ 9,174]

Still a choice of what to use as "the married name", no different than any woman in the USA can choose to keep her maiden name after being married.*

* but its a limited time offer that can not be repeated or extended. .

Edited May 2, 2013 by Hank_

[Tahoma 2,292]

The name-change question that usually comes up is whether a Filipina, upon getting married, can use her maiden surname as her new middle name. In the U.S., I believe that issue is governed by the individual states. In the State of Washington, where Chinook and I got married, Chinook changed her middle name to her maiden surname upon marriage. She followed Filipino tradition. In other states, I believe it takes a court order to make that kind of change.

The name-change question that arises is- upon reporting a marriage and then renewing or amending a passport- will the Philippines Consulate permit a Filipina to use a married name on her passport which does not have her maiden surname as her new middle name.