Name Change - Before or After AOS?

[pollypocketz 0]

Hi there-

Wondering if anyone has any advice on this. We are currently in the process of an AOS for my husband based on our marriage. We married secretly in January to begin working on his papers. We are having a formal marriage ceremony in our church and a reception next year for friends and family . We are working with a lawyer on his AOS and the lawyer has just completed the paperwork and is waiting on our signuatures on the applications.

My husband was given his fathers last name at birth and has never known his father. We are considering changing his last name to his mothers, as she is the one who has raised him, but I'm confused as to when the name change should take place. All of his documents, his passport, now the AOS applications all are using his current last name. Would we change his name after he (hopefully) gets his Visa? If so, do we only change his name in the state we live in? Should I tell the lawyer that we are considering this? I'd love to have all of this done before our formal ceremony next year so that our invitations/announcements reflect his new last name, and so that when I change my last name after we are "formally" married I would like to change it to his new last name.

This stuff is so confusing. Any advice would be appreciated!

[Inky 1,110]

Moved from adjustment of status from family based visas to adjustment of status from work student tourist visas. OP did not enter on a family based visa.

You will not be getting a visa - you are filing for adjustment of status to obtain a green card.

[Caryh 5,206]

If you married in January, that was the time name changes would have taken place, and thats if they allow your husband to take a name neither of you had before the marriage. Different states have different rules, so you need to look at your state's rules on name changes after marriage. But in general, you can't have a wedding ceremony a year later and suddenly act like this was the legal action that allows you a name change. More than likely, you'll need to file a name change petitions with your local court for him and you to change your last names. Some states make the name change easy by allowing you to specify both names before and after marriage. This acts as a legal name change. Those that just imply you can change your name after marriage, often create serious road blocks if the couple want to change their names in a nonstandard way, such as your husband wanting to change his last name to his mother's last name.

[pollypocketz 0]

I wouldn't be using our "formal" wedding as the avenue to change his name. We want to change his name as soon as possible so that WHEN we formally get married next year, that's when I would take his new last name. My question is that he hasn't yet received his greencard. So I guess where my confusion is, his greencard will come using his current last name. Then, after we receive his greencard, then we would file the petition with the state to change his last name? Then, when we formally marry, then I can apply to change my last name to his new last name based on marriage.

[Caryh 5,206]

I wouldn't be using our "formal" wedding as the avenue to change his name. We want to change his name as soon as possible so that WHEN we formally get married next year, that's when I would take his new last name. My question is that he hasn't yet received his greencard. So I guess where my confusion is, his greencard will come using his current last name. Then, after we receive his greencard, then we would file the petition with the state to change his last name? Then, when we formally marry, then I can apply to change my last name to his new last name based on marriage.

You'd need to file a petition with the court to change his name, after he's considered a resident of your state. This doesn't mean a legal permanent resident based on the green card. If you do this before the green card interview, you might be able to get his green card in the new name, by informing them and bringing a new AOS for to the interview. IF not you'd need to apply for a replacement card with copies of the court decree for the name change. That's about $450 I think to change or replace the green card. Generally to take on your husband's name after marriage, you need to immediately start using it. Waiting as long as you are, and then taking a name he didn't have when the marriage originally occurred, may not be allowed. You're already married, you can't get married again legally, you're having a wedding ceremony. So its not like that resets the clock on taking his name on. So it might also take you filing a legal name change to take on his new name as your new name. Much of this depends on the local laws and customs where you live. Where the name change is not specifically noted on the marriage license, often its local customs and not written laws that control how the name changes after marriage. And whenever you have local customs, you have the bias of bureaucrats telling you what you can and can't do. The only way to get around that, if you can't get them to accommodate your wishes, is to petition the court for the name change you want.

[Harpa Timsah 13,258]

You need a court order to change his name.

[Gosia & Tito 199]

Hi there-

Wondering if anyone has any advice on this. We are currently in the process of an AOS for my husband based on our marriage. We married secretly in January to begin working on his papers. We are having a formal marriage ceremony in our church and a reception next year for friends and family . We are working with a lawyer on his AOS and the lawyer has just completed the paperwork and is waiting on our signuatures on the applications.

My husband was given his fathers last name at birth and has never known his father. We are considering changing his last name to his mothers, as she is the one who has raised him, but I'm confused as to when the name change should take place. All of his documents, his passport, now the AOS applications all are using his current last name. Would we change his name after he (hopefully) gets his Visa? If so, do we only change his name in the state we live in? Should I tell the lawyer that we are considering this? I'd love to have all of this done before our formal ceremony next year so that our invitations/announcements reflect his new last name, and so that when I change my last name after we are "formally" married I would like to change it to his new last name.

This stuff is so confusing. Any advice would be appreciated!

Besides all what is been noted already; you might be taking a risk that something goes in the wrong direction and then it will take time and $ to correct.

Getting things more complex than they already, with the immigration office no less is IMHO asking for trouble.

Another avenue for name change is to wait until the time of citizenship, spouse will be provided with the opportunity to change names such that his natiralization cert will come with new name, which then could be used for passports, etc. But that is a few yers down the road.

If the desire is to not wait, then, the direction is to file a court petition as noted here. Once you have a decree, then you can start changing other docs. Depending on timing, this might or not the GC. Also, because of the timing of when things would occur, you might end up with multiple documents with different names, which could add to other confusions/issues, for example, if in the middle of all this, you decide to purchase a house.

You can still have the invitations with whichever name you would like, there is no legal binding, however, it could also bring some grief when it comes to proof a bonafide marriage at ROC time.

I guess the question you need to aks yourselves is: Why the 'sudden' need/want to change names now. I mean, spouse had years if not decades to do it, but it is now wanted to have it changed now. Note I'm not questioning motives, just helping determine how important it is for you two. If important enough, then is just a matter of time and $

Edited June 4, 2013 by Gosia & Tito

[pollypocketz 0]

As I'm navigating the AOS avenue, I've learned that it's not necessarily a "name change". On his passport, there are two last names listed: his mothers AND his fathers. But, all of his documents here are listed with his last name as his fathers. I don't even know where to start with explaining this situation. I guess technically it IS a name change, as his mothers last name isn't listed on anything except his passport? Can anyone help me?

Edited September 9, 2013 by pollypocketz

[Harpa Timsah 13,258]

Has to do with Spanish naming conventions. Sounds like he got stuff in the US with his name incorrect? Ask the South American regional forum.