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Changing Name during or after AOS or Green Card

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Filed: K-1 Visa Country: Peru
Timeline

Hi everyone,

My fiance arrived here in the states from Peru and of course the immigration officer entered his name into our system here with his father and his mother's last name and totally took out his middle name (the one that he actually goes by). We need to take off his mother's last name and get his middle name back.

I've been reading that it's best to wait until he applies for citizenship here and that he can change his name for free at that time, which is great, but I can't change my name since I'm married to him until after he changes his. So, I'm patiently waiting. Any suggestions on what would be the most economical thing to do?

Thanks a bunch for all of your help. I'm sure there has to be someone on this forum from a country where they use the mother and father's maiden names together that might have gone thru the same experience. Any advice or suggestions would greatly be appreciated.

Thanks!

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Filed: Citizen (apr) Country: Colombia
Timeline

Hi everyone,

My fiance arrived here in the states from Peru and of course the immigration officer entered his name into our system here with his father and his mother's last name and totally took out his middle name (the one that he actually goes by). We need to take off his mother's last name and get his middle name back.

I've been reading that it's best to wait until he applies for citizenship here and that he can change his name for free at that time, which is great, but I can't change my name since I'm married to him until after he changes his. So, I'm patiently waiting. Any suggestions on what would be the most economical thing to do?

Thanks a bunch for all of your help. I'm sure there has to be someone on this forum from a country where they use the mother and father's maiden names together that might have gone thru the same experience. Any advice or suggestions would greatly be appreciated.

Thanks!

Did he apply to adjust status yet? If not, that is the place where he can request what his name should be on his permanent residency. By writing his name on the I-485, he's telling the USCIS what his first, middle and last names should be. Since the maternal last name means absolutely nothing here in the US, nobody uses it, he doesn't have to include it in his application, unless he really wants to for sentimental reasons, but in all honesty, adding it just complicates things from here on out. He also needs to do this when he applies for his SS#, fill out the application the way he wants his names to show on his card.

If he already filed for AOS, then he will have to send a separate form to have the names on his permanent residency/green card changed.

Also, there is no need to wait until he's a citizen because he's not making a "legal" change to his name, he's just telling the USCIS the order of how his names should be recorded and filed.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: K-1 Visa Country: Peru
Timeline

Did he apply to adjust status yet? If not, that is the place where he can request what his name should be on his permanent residency. By writing his name on the I-485, he's telling the USCIS what his first, middle and last names should be. Since the maternal last name means absolutely nothing here in the US, nobody uses it, he doesn't have to include it in his application, unless he really wants to for sentimental reasons, but in all honesty, adding it just complicates things from here on out. He also needs to do this when he applies for his SS#, fill out the application the way he wants his names to show on his card.

If he already filed for AOS, then he will have to send a separate form to have the names on his permanent residency/green card changed.

Also, there is no need to wait until he's a citizen because he's not making a "legal" change to his name, he's just telling the USCIS the order of how his names should be recorded and filed.

Diana

Thanks Diana for all of your help. Yes, we already applied for his adjustment of status. I wish I would have posted this question earlier. lol He's already applied and received his social security card too. :(

Do you think now that his social security card and his AOS paperwork along with everything else reads the name that is wrong according to US standards that I should just wait and do the legal name change thing after he applies for citizenship?

Thanks a bunch for all of your help. It's greatly appreciated.

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Filed: Citizen (apr) Country: Colombia
Timeline

Thanks Diana for all of your help. Yes, we already applied for his adjustment of status. I wish I would have posted this question earlier. lol He's already applied and received his social security card too. :(

Do you think now that his social security card and his AOS paperwork along with everything else reads the name that is wrong according to US standards that I should just wait and do the legal name change thing after he applies for citizenship?

Thanks a bunch for all of your help. It's greatly appreciated.

In that case I recommend you make an Infopass appointment so you can talk to someone in person and see if they can update your husband's information in their system. Hopefully with them updating his name in the system, they will issue his green card with his first, middle and father's last name.

As for his SS record, they won't update his name in their system until the USCIS makes the update in theirs. So, once he gets his green card with the correct names, you can go back to the SSA office to update his records and get a new card.

It's best to do it now because otherwise he will have to wait three years before he can apply for citizenship and in three years his incorrect name will be used by everybody like the DMV, your bank, leasing office or mortgage companies, credit card companies, IRS, W2's, school records, etc.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: K-1 Visa Country: Peru
Timeline

Thanks Diana for the information. I will contact USCIS today just to see if there is anything that I can do without going back in for another appointment.

You're right, it's best to do it now then wait until you have to change literally everything.

Thank you so much for all of your help. It's greatly appreciated!

In that case I recommend you make an Infopass appointment so you can talk to someone in person and see if they can update your husband's information in their system. Hopefully with them updating his name in the system, they will issue his green card with his first, middle and father's last name.

As for his SS record, they won't update his name in their system until the USCIS makes the update in theirs. So, once he gets his green card with the correct names, you can go back to the SSA office to update his records and get a new card.

It's best to do it now because otherwise he will have to wait three years before he can apply for citizenship and in three years his incorrect name will be used by everybody like the DMV, your bank, leasing office or mortgage companies, credit card companies, IRS, W2's, school records, etc.

Diana

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Filed: K-1 Visa Country: Peru
Timeline

I wanted to post my own reply to this thread just in case it's of any help to anyone in the future . I called the USCIS this morning and talked to a gentleman about my situation. He was going to change it on the AOS paperwork, but said that it might cause some problems with my husband traveling in the future so, we left it as is. He suggested that I wait until after he fills out the N-400 to become a citizen and at that time they will ask him what name he would like to go by. Unfortunately, that means we're going to have to update and change his name on a bunch of stuff, but I guess there's no really easy way to go about it. Hope this helps out others in the same situation. You may want to change it on the AOS paperwork prior to sending it in as Diana suggested above. Unfortunately, I asked the question too late in the process.

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Filed: Citizen (apr) Country: Ecuador
Timeline

This is a helpful answer for others. Thanks for coming back to post it. Best of luck.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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