N-400 Name Change Question

[joshbola 0]

Hello there everyone, wanted to ask you a question because my wife was worried if she were to use the name change option on the N-400 Form. When we got married and created the marriage certificate, my wife's name did not have my family last name. The reason for this was because her Indian Passport did not have my family last name. Currently she does not have my family name on any of her current documents (for example DL, GC, SSC, and Tax Returns).

My question is if she were to use the name change option on the N-400 Form, what are the downside of doing this? Will there be future problem with this name change? Will we get some sort of proof for the name change? We just wanted to cover everything before we use that option.

So please share your thoughts on this and thank you in advance.

Josh

[JimmyHou 613]

Hello there everyone, wanted to ask you a question because my wife was worried if she were to use the name change option on the N-400 Form. When we got married and created the marriage certificate, my wife's name did not have my family last name. The reason for this was because her Indian Passport did not have my family last name. Currently she does not have my family name on any of her current documents (for example DL, GC, SSC, and Tax Returns).

My question is if she were to use the name change option on the N-400 Form, what are the downside of doing this? Will there be future problem with this name change? Will we get some sort of proof for the name change? We just wanted to cover everything before we use that option.

So please share your thoughts on this and thank you in advance.

Josh

If your wife is simply changing her last name to take your last name, a legal name change application is not required. She will show the interviewer her marriage certificate and he will arrange for her naturalization certificate to be printed in her new name. Even though she didn't change her name at the time of the marriage, the marriage certificate will be her proof of name change.

If your wife wants to make a change other than simply taking your last name, then a legal name change will be required. The interviewer will make her sign some name change forms. When your wife gets her naturalization certificate, she will also get a name change certificate signed by a judge. The name change certificate will be her proof of name change.

Either way, fill out the name change section of the application and list her name as you want it to appear. The interviewer will instruct you as to what is required to legalize the change.

Once that's done, she'll have to have her name changed on her social security card, drivers license, bank accounts, etc. If she is keeping a foreign passport, then she may or may not have to change her name on that depending on her country's laws.

Caveats:

- Some countries insist on seeing a legal name change document if you are trying to change your documents "back home" and will not accept a marriage certificate as proof of a name change. This is particularly true in countries where it is uncommon for a wife to take her husband's last name. In this case, you would need to insist that the officer fill out a legal name change request or you may need to file for a legal name change in your home country. If you don't care about her records in her home country, it doesn't matter.

- While a marriage certificate is supposed to negate the need for a name change application if she is just taking your last name, some interview officers have insisted on it. This may cause a delay based on what office you are filing through, but it should not be a problem.

There's a little more information on name changes here:

http://www.visajourney.com/forums/topic/500304-info-on-same-day-ceremonies-name-changes/?p=7066213

[joshbola 0]

If your wife is simply changing her last name to take your last name, a legal name change application is not required. She will show the interviewer her marriage certificate and he will arrange for her naturalization certificate to be printed in her new name. Even though she didn't change her name at the time of the marriage, the marriage certificate will be her proof of name change.

If your wife wants to make a change other than simply taking your last name, then a legal name change will be required. The interviewer will make her sign some name change forms. When your wife gets her naturalization certificate, she will also get a name change certificate signed by a judge. The name change certificate will be her proof of name change.

Either way, fill out the name change section of the application and list her name as you want it to appear. The interviewer will instruct you as to what is required to legalize the change.

Once that's done, she'll have to have her name changed on her social security card, drivers license, bank accounts, etc. If she is keeping a foreign passport, then she may or may not have to change her name on that depending on her country's laws.

Caveats:

- Some countries insist on seeing a legal name change document if you are trying to change your documents "back home" and will not accept a marriage certificate as proof of a name change. This is particularly true in countries where it is uncommon for a wife to take her husband's last name. In this case, you would need to insist that the officer fill out a legal name change request or you may need to file for a legal name change in your home country. If you don't care about her records in her home country, it doesn't matter.

- While a marriage certificate is supposed to negate the need for a name change application if she is just taking your last name, some interview officers have insisted on it. This may cause a delay based on what office you are filing through, but it should not be a problem.

There's a little more information on name changes here:

http://www.visajourney.com/forums/topic/500304-info-on-same-day-ceremonies-name-changes/?p=7066213

Thank you for your input. So let me ask if I understood what you explained.

Fill the N-400 Name Change the way we want to show meaning her full name including my family last name (for example Sarjit Kaur Bola). When the wife is being interviewed by the rep, she will have the option to explain the name change. Also The wife will get the name change proof from the interview as well. Also her Citizenship certificate will have her full name including my family last name.

Just to make sure I am asking the right thing, My wife will be add my family last name to her current name.

Am I correct on your input?

Edited August 24, 2014 by DJ Josh

[JimmyHou 613]

Thank you for your input. So let me ask if I understood what you explained.

Fill the N-400 Name Change the way we want to show meaning her full name including my family last name. When the wife is being interviewed by the rep, she will have the option to explain the name change. Also The wife will get the name change proof from the interview as well. Also her Citizenship certificate will have her full name including my family last name.

Am I correct on your input?

Yes, fill out the name change section to show how you want her new legal name to appear. She will confirm her name change info at the interview.

At the interview, your wife will be told one of the following:

1- She will be told that she does not need a formal name change because she is simply taking your last name. In this case, if her name is Amanda Mary Smith and your name is Greg Arthur Jeffries, she will be Amanda Mary Jeffries. In this case, she will not get a name change certificate, but her naturalization certificate will have your last name on it. Her marriage certificate can be used as proof of her name change.

OR

2- If she wants to make any change other than taking your last name instead of her current last name (for example of she wants to be Amanda Elizabeth Jeffries), the interviewer will print out some name change documents and have her sign them. At the oath ceremony she will get a name change certificate along with her naturalization certificate. She will not get the certificate at the interview, but at the oath ceremony.

(This part is a little confusing but I'll include it: SOMETIMES even if she is ONLY changing her name to take your last name, the officer will still print the forms and do a formal name change, although this is not required by law.)

Her naturalization certificate in both cases will have the new name (Amanda Mary Jeffries).

In Case 1 she will not get a name change certificate and will have to use her marriage certificate as proof.

In Case 2 she will get a name change certificate.

The name isn't legally changed until she becomes a citizen at the oath ceremony. Up to that point her current name will remain her legal name.

Please feel free to ask for more clarification if it's still confusing.

[joshbola 0]

At the interview, your wife will be told one of the following:

1- She will be told that she does not need a formal name change because she is simply taking your last name. In this case, if her name is Amanda Mary Smith and your name is Greg Arthur Jeffries, she will be Amanda Mary Jeffries. In this case, she will not get a name change certificate, but her naturalization certificate will have your last name on it. Her marriage certificate can be used as proof of her name change.

OR

Please feel free to ask for more clarification if it's still confusing.

What do you mean by "Her marriage certificate can be used as proof of her name change?" Currently on our marriage certificate, it has my full name and it has my wife's pre-marriage name. So on the marriage certificate my wife does not have my family last name.

Are you saying that we use the marriage certificate as proof at the interview that we got married and we would like to add my family last name to my wife name?

Thank you for your help.

[JimmyHou 613]

What do you mean by "Her marriage certificate can be used as proof of her name change?" Currently on our marriage certificate, it has my full name and it has my wife's pre-marriage name. So on the marriage certificate my wife does not have my family last name.

Are you saying that we use the marriage certificate as proof at the interview that we got married and we would like to add my family last name to my wife name?

Thank you for your help.

No.

If the only change is that your wife is taking your last name, then she will not get a name change certificate.

She will get a naturalization certificate in her new name only.

If she needs proof in the future, after the interview and the oath, she will use her marriage certificate.

For example if she wants to change her back accounts or her drivers license, they will ask her for something proving that her name has changed. She will show her marriage certificate which will show, as you said, her maiden name and your full name. This will be sufficient proof of her new name even though it does not show your last name as her last name. It is understood that she took your last name. That is why the marriage certificate is accepted as proof of a name change.

In short, fill out the name change part of the application.

Take your marriage certificate to the interview.

After your wife becomes a citizen, if someone wants to know why her name changed, show the marriage certificate.

It may not make sense because the marriage certificate doesn't show your last name as her last name, but that's just the way it works.

Maybe this explains it better than I am:

http://www.legalzoom.com/name-change-guide/maiden-name-change.html

Edited August 25, 2014 by JimmyHou