N-400 February 2016 Filers

[ryna 132]

Like I said, she can live with a judicial ceremony if it only delays it a couple of weeks but what she absolutely doesn't want is for him to submit paperwork to legally change it to a form that she doesn't want. If he's going to make a judge sign off on the name change she has already legally made, so be it but don't change it to something unwanted!

I'm going to remain calm until tomorrow when I see if they will let her in to talk to him. If he insists on sending it to a judicial oath for a "name change", whatever but we don't want to have to go to court again later, on our own dime, to fix any changes that he took it upon himself to make along with all the other problems with licenses, accounts, SSA, etc...

[JimmyHou 611]

It may be worse! Since she changed her name at AOS, everything has been First Name - Maiden Last Name (as Middle Name) - Married Last Name. She just told me that he had her sign a request to change her name to First Name - Birth Certificate Middle Name - Married Last Name which is NOT what she wants! She wants to keep it as it is on her GC, DL and SS Card. I think she was confused by the whole 'name change' issue since she thought it was already a done deal. Based on her telling me that, a judge is going to issue a Naturalization Certificate in a name she doesn't want to use and all of her current IDs will no longer be correct!

Who should she call to put a top to this? Will the USCIS Field Office do anything at this point?

That change was ridiculous... I think the interviewer must have been confused or just not very bright...

He can insist on a legal name change if he wants, but he can't pick the name for your wife.

Unfortunately, with the signed request, she can't claim that the certificate was issued in error, so she'd need to do exactly as you state; go to court and get her name changed back to the way she wants it. Rather ridiculous.

So good luck trying to contact them tomorrow, that's your best bet...

Also, even if it isn't immediate, if you can make an infopass for anytime before the ceremony, do that... you'll still be able to correct the situation.

Finally, as a last resort, she can go to her ceremony and ask for the correction then. Of course this will cause a further delay, but you don't want to spend hundreds of dollars on something you don't need.

Edited June 2, 2016 by JimmyHou

[coolmind1414 13]

I had my green card (10 years) reissued because I never received the original one (it was lost/stolen by USPS). do you think that might be the reason it's taking so long for background check?

[JimmyHou 611]

You're likely right there. Its not in any rule book or law, but it is in bureaucrats mind's that it should be that way. I also know people who never managed to get their name changed after marriage because they failed to enter it in the AOS application, using the maiden name instead. They later corrected the problem and got First name, maiden last name, husband's last name during citizenship. I think this is more an issue of agents of USCIS making up their own rules, rather than following the actual rules.

I just went through every reference to a name change in the citizenship section of the USCIS policy manual.

It refers to two things:

1) that the name change has to follow the convention in the place of residence

2) that the document should state the person's full legal name

This is linked to several different sections of the CFR (CODE OF FEDERAL REGULATIONS) but they all say the same thing.

I'm guessing that it's the second point that's giving the interviewers room to decide how nice to be depending on their mood.

I've also seen people have issues with this at the DPS here in Texas (DMV in other states) where they're told a marriage certificate doesn't count because it doesn't state a new full name.

So you're basically right, that there's vagueness in the law and it gives them bureaucratic leeway.

[JimmyHou 611]

I had my green card (10 years) reissued because I never received the original one (it was lost/stolen by USPS). do you think that might be the reason it's taking so long for background check?

Very doubtful.

It's not uncommon to be stuck in background checks for a few months (3.5 for me). I wouldn't worry about this point, but no harm in giving them a call in a month or two if you haven't heard anything.

[ryna 132]

That change was ridiculous... I think the interviewer must have been confused or just not very bright...

He can insist on a legal name change if he wants, but he can't pick the name for your wife.

Unfortunately, with the signed request, she can't claim that the certificate was issued in error, so she'd need to do exactly as you state; go to court and get her name changed back to the way she wants it. Rather ridiculous.

So good luck trying to contact them tomorrow, that's your best bet...

Also, even if it isn't immediate, if you can make an infopass for anytime before the ceremony, do that... you'll still be able to correct the situation.

Finally, as a last resort, she can go to her ceremony and ask for the correction then. Of course this will cause a further delay, but you don't want to spend hundreds of dollars on something you don't need.

That's the point... English isn't her first language and besides, she had other things on her mind. Everything except a name change so when he changed her N-400 to say she was changing her name, then changed her middle name and sent her to a judicial oath ceremony, she was a bit confused. English IS my first language and they have me beyond confused!

So, if they won't speak with her right away and there is an "error" on the certificate, she can't take the Oath that day and let them send her a corrected certificate later? Would they at least let her go to an administrative ceremony after they realize that there is no name change and thus no need for a judge?!?!

USCIS continues to be my worst nightmare!

[akihon 129]

This is just very, very, strange and weird to me.

Like I had mentioned, in my interview, my IO asked if I wanted to change my name and I said no. My GC name did not match my passport name, but matched my driver's license and is the name SSA has on file. My marriage certificate is from Hawaii, and I had to declare my current name (maiden) and my declared last name (married). That is the document I used to change all my documents legally to my married name.

If USCIS has a copy of the marriage certificate, which they OBVIOUSLY do, why would they ... oh FFS USCIS

[JimmyHou 611]

That's the point... English isn't her first language and besides, she had other things on her mind. Everything except a name change so when he changed her N-400 to say she was changing her name, then changed her middle name and sent her to a judicial oath ceremony, she was a bit confused. English IS my first language and they have me beyond confused!

So, if they won't speak with her right away and there is an "error" on the certificate, she can't take the Oath that day and let them send her a corrected certificate later? Would they at least let her go to an administrative ceremony after they realize that there is no name change and thus no need for a judge?!?!

USCIS continues to be my worst nightmare!

Ok...

Three things to do, in order of preference. (answer to your question in the 3rd one).

Best thing is if she can talk to the guy tomorrow and get this sorted out. If he wants a name change, that's fine, but it's got to have the name she wants on it.

If that doesn't work, infopass before the ceremony so they can sort this out... again, if he wants a name change, that's fine, as long as she gets the name she wants.

As a last resort, if you can't speak to anyone before you get an oath letter, show up to the oath and tell them there's a problem. They'll then cancel your ceremony and schedule you for an appointment. At that point, if they agree there's no need for a name change they can schedule her for an administrative ceremony and you're all set. But if they agree with her interviewer and still think she needs a judicial oath, then that's what she'll have to wait for, but at least she'll have the correct name. The only reason I say that they may insist on a judicial oath is because it's happened to people all over the country.

The final alternative would be to go through with the oath and then change the name in court.

[ryna 132]

I am kicking myself for leaving the building without straightening it out.

I had intended to take off work for 2-3 hours but we were at USCIS for nearly 3 hours alone, so when she mentioned that she passed but he told her that her current legal name was her birth name and she needed a judicial ceremony to use the name she's used since her EAD, I was confused but had to get back to work figuring 'stupid and delayed for no good reason, but it'll be in her GC/DL married name, so whatever.' Only after we got home so I could drop her off before heading back to work, did she mention the strange mix of her birth and married name (which she has never used) on the form and I grew really suspicious and we started calling anybody and everybody at USCIS, all to no avail so far.

Edited June 2, 2016 by ryna

[JimmyHou 611]

I am kicking myself for leaving the building without straightening it out.

I had intended to take off work for 2-3 hours but we were at USCIS for nearly 3 hours alone, so when she mentioned that she passed but he told her that her current legal name was her birth name and she needed a judicial ceremony to use the name she's used since her EAD, I was confused but had to get back to work figuring 'stupid and delayed for no good reason, but it'll be in her GC/DL married name, so whatever.' Only after we got home so I could drop her off before heading back to work, did she mention the strange mix of her birth and married name (which she has never used) on the form and I grew really suspicious and we started calling anybody and everybody at USCIS, all to no avail so far.

Don't beat yourself up. Naturalization is a long complicated process that puts you and your wife under a lot of pressure. It's an annoying situation, but overall things went well.

It's fixable, in serval difference ways, some of which are more of a hassle... but it's fixable. So just try to fix it and don't stress too much.

Edited June 2, 2016 by JimmyHou

[akihon 129]

rah rah shish boom baaaa

Edited June 2, 2016 by akihon

[ryna 132]

You know, while we were in the waiting room, I saw some posters in several languages that said: "My path to US Citizenship starts here..." I made a joke to my wife that my path to US citizenship started with a smack to my rear. I'm really starting to think that the USCIS "beating" is far, far worse!

I'm really trying to stay positive. She passed after all!

Edited June 2, 2016 by ryna

[akihon 129]

isn't it funny how if our USC spouses hadn't married us foreign spouses, that they would never have even known about all this immigration BS? My in-laws are always in awe of how much we've been through and HAD TO PAY FOR.

[ryna 132]

isn't it funny how if our USC spouses hadn't married us foreign spouses, that they would never have even known about all this immigration BS? My in-laws are always in awe of how much #### we've been through and HAD TO PAY FOR.

I know I had never even heard of them before I met my wife. And, that my lifelong USC parents have said "That's absolutely ridiculous!!" more than once during this process. And, this coming from my Mom who worked for the Federal Government for 40 years! (NOT USCIS!! lol)

[akihon 129]

I know I had never even heard of them before I met my wife. And, that my lifelong USC parents have said "That's absolutely ridiculous!!" more than once during this process. And, this coming from my Mom who worked for the Federal Government for 40 years! (NOT USCIS!! lol)

Haha USCIS is under Homeland Security so they ARE the Federal Govt, but I get what you mean

I told my SIL that the government has pictures of her, and she was like "I hope they were nice pictures!"