Transgender Issues (Name and Gender Marker Change)

[mrs.petersen 0]

Hello everyone! I am not sure if i am in the right place to ask about my issue. As the title says, I am a transgender, recently moved here on a fiancee visa. Went through the entire process of getting married, adjustment of status and all that stuff. I got my employment authorization card but still waiting for my permanent residency documents. We are looking to have my name and gender marker changed in my documents, as my legal name and male gender on my documents do not represent me at all. I live as a woman 24/7 and the fact that I still have that name and male gender on my papers make it difficult. So what I am trying to ask here is if the process is possible and if it is, then is it gonna affect my application that has my legal name on the system? Any advise you can give would be greatly appreciated. Thank you in advance.

[aaron2020 11,651]

Hello everyone! I am not sure if i am in the right place to ask about my issue. As the title says, I am a transgender, recently moved here on a fiancee visa. Went through the entire process of getting married, adjustment of status and all that stuff. I got my employment authorization card but still waiting for my permanent residency documents. We are looking to have my name and gender marker changed in my documents, as my legal name and male gender on my documents do not represent me at all. I live as a woman 24/7 and the fact that I still have that name and male gender on my papers make it difficult. So what I am trying to ask here is if the process is possible and if it is, then is it gonna affect my application that has my legal name on the system? Any advise you can give would be greatly appreciated. Thank you in advance.

The immigration system does not offer a way to change your name when you AOS. At naturalization for US citizenship down the line in 3 years, you can change your name.

To change your name and sex, you will have to petition the court.

[mrs.petersen 0]

The immigration system does not offer a way to change your name when you AOS. At naturalization for US citizenship down the line in 3 years, you can change your name.

To change your name and sex, you will have to petition the court.

@aaron2020 that's what I am trying to find out. Thank you for the immediate reply. Yes i am aware that name and gender marker change have to be petitioned in court.

[JohnR! 5,495]

Here's a suggestion. Wait until you have your greencard in hand and then petition for a name/gender marker change. Once you have a favorable court decision to your petition you will be able to initiate the correction on your greencard and SS# and all your US paperwork will be correct from that point onwards. However, before you go down that route, check with the Phil embassy/consulate as to how you need to proceed to get your passport corrected as well.

Good luck!

[ro&ry 5]

@aaron2020 - Immigration allowed (or I should used the term accept/valid name change) for AOS if your new name appear in SSN due to marriage whatever gender it is. Immigration and SSN are in Federal umbrella, you have the same right as opposite sex marriage couple.

Since Texas didn't recognized same sex marriage I had a court order so my FEDERAL docs and my STATE docs match.

I am not sure though with your Gender change to Male to Female vice versa. I think you should consult an atty for that.

[aaron2020 11,651]

@aaron2020 - Immigration allowed (or I should used the term accept/valid name change) for AOS if your new name appear in SSN due to marriage whatever gender it is. Immigration and SSN are in Federal umbrella, you have the same right as opposite sex marriage couple.

Since Texas didn't recognized same sex marriage I had a court order so my FEDERAL docs and my STATE docs match.

I am not sure though with your Gender change to Male to Female vice versa. I think you should consult an atty for that.

We are not talking about taking a spouse's last name. Taking a spouse's last name is covered under state law and has nothing to do with immigration.

We are talking about changing a male first name to a completely different female name. That requires a court order. By his also has nothing to do with immigration.

[ro&ry 5]

Covered by state law? you might said covered by Federal law. Are you aware that not entire state allow same sex marriage? Really? Changing name is all about " "name" whether your first name might sound like a Female or Male it doesn't matter. That's not an issue at all.

So I assume the mrs.Peterson will use her/his partners' last name.

[Elizabeth+Fred 35]

The immigrations system does not have any provisions for changing a name (or gender)

which is what the OP asked about.

YES, mrs.petersen *could* request a court order now; she has the same rights as anyone

in that matter. But.... as said, the Immigrations "machine" does not take that into account,

and doing a name/gender change halfway through this (imigration) process will only slow

things down.

ALSO, if she changes her name/gender HERE, she must also do the same in her homeland,

as name/gender must match on ALL relevant documents.

So, to mrs.petersen: you can do this, but I'd suggest you wait until after ROC process, as

by that time, you'll be "done" with USCIS paperwork. If you DO want to have this done now,

check into name/gender changes in your homeland first, because you WILL need an updated

passport for that....

Good luck!

[aaron2020 11,651]

Covered by state law? you might said covered by Federal law. Are you aware that not entire state allow same sex marriage? Really? Changing name is all about " "name" whether your first name might sound like a Female or Male it doesn't matter. That's not an issue at all.

So I assume the mrs.Peterson will use her/his partners' last name.

Yes, legal names are covered by state law. There are no federal laws on name changes.

Really? No problem changing first name? The OP asked about changing her first name. Please show me how it can be done with "no issue at all" through the immigration system?

Read the OP's post. She wants to know about changing first name. You are focusing on the wrong issue and giving an incorrect answer.

Edited January 28, 2015 by aaron2020

[JohnR! 5,495]

With all due respect, this contributes nothing to the discussion. The OP has a valid question. We know she can change her name and correct her gender marker in her documents. That really is the easiest part of the process. All she needs do is file her petition in court. She can change her first name and take her husband's last name. Whether state or federal has little bearing on the issue and is not really where the crux of the matter really resides.

Where IMHO she needs assistance, is gathering insight of the hurdles of doing it before ROC, or after and also any comments on whether she can as easily do this to her passport.

The silver lining is that if all else fails, she can always have changes and corrections made once she becomes a US citizen and have her US passport reflect her desired name and correct gender.

Yes, legal names are covered by state law. There are no federal laws on name changes. Really? No problem changing first name? The OP asked about changing her first name. Please show me how it can be done with "no issue at all" through the immigration system? Read the OP's post. She wants to know about changing first name. You are focusing on the wrong issue and giving an incorrect answer.

Edited January 28, 2015 by JohnR!

[TBoneTX 46,089]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is past the K-1 stage. ***

[ChrisnKris 6]

Hi Mrs. Peterson

My Fiance is transgendered also and we have looked into the gender marker or designation change too. She/We has not received the visa approval yet but we wanted to check into this ahead of time.

Most of what others say here is correct regarding changing your name to your married name and also your middle name can be changed to your maiden name once you are legally married. From what we have learned regarding the USCIS and US Passport your fist name can't also be changed until you are naturalized in the US.

As for gender, from what we have learned the Feds and most states require you to have had sexual reassignment or be in the transition thereof and must be documented by a physician before recognizing or allowing the change in gender designation. The previous replies are also correct that you should consult the Philippine immigration dept. to learn if they also have the same requirements.

We of course don't think this is fair because you know who you really are regardless of radical surgeries, psychological evaluations or what the powers that be think or deem you to be... At this point we don't really care anymore of what her documents say...We are just proud of the beautiful person she is! (Love is what matters)

Here is the State Dept. link regarding this topic...

http://www.state.gov/r/pa/prs/ps/2010/06/142922.htm

We wish all the best here in the US. Congrats too...

Kris and Chris

[PattyKanes 0]

Hello guys,

I am a transgender who had a american fiance, we're actually applying for the K129 fiancee visa. But, then we're just about confused about the form that we have to both fill up like G325A BIOGRAPHICAL FORM, then as he was reading about it it said that it has to be an original copy. So my question was how could i sign it up to the original copy while i'm here in the Philippines and then he couldn't send me the xerox or photo copy with that form since it said in there that it has to be an original copy? Thank you so much!!! and if anyone who had an idea about my concerns please? give us an answer to that.

[ChrisBibi 0]

Hi, we are working to process the visa, but i am not sure if we hire an agent or not.

how did you process it guys?

Bibi

[decentTrans 0]

Try rapidvisa.com sis, recomended by ate Aiko. we are going to use their sevice too.