Divorce and Name Change

[domeri123 0]

Hi VJ friends,

I came to USA in early 2012, got my conditional green card in Nov of 2012 through marriage to my soon-to-be ex husband.

I got my 10 year permanent green card in Nov 2014.

Long story short, my husband recently moved out and filed divorce against me. We have one child almost 2 years old as I am writing this message.

I agree to the divorce and we reach an agreement via mediation.

I, no longer, want to use his surname.

I want to know how easy it is to change my green card surname back to my maiden name?

And I assume it's kinda costly (450 dollars). Is it possible to change my surname when I apply citizenship? And when I can apply citizenship?

Let's say the court gives me name change order, and I am not eligible to apply citizenship after a couple of years, can I just simply change my SSN name, driver's license name, and a couple years later when I can apply citizenship, just provide my name change order? I do think 450 dollars is kinda costly.

Thank you for your help and looking forward to some suggestions here.

Thank you!

[almost_umrican 54]

our timeline is similar. i will be taking my oath here very soon. Yes, changing name during naturalization is the cheapest, fastest and easiest way.you will have a judicial ceremony for that. i would recommend you to change your legal name when you file for naturalization.don't worry about it now on changing it on the greencard. thats a waste of money and is your personal decision. how long will your divorce going to be finalized ?

[Caryh 5,206]

In some states you can revert to your previous name if its stipulated in the divorce papers. Changing your name on your green card is another matter, it doesn't come free.

[domeri123 0]

our timeline is similar. i will be taking my oath here very soon. Yes, changing name during naturalization is the cheapest, fastest and easiest way.you will have a judicial ceremony for that. i would recommend you to change your legal name when you file for naturalization.don't worry about it now on changing it on the greencard. thats a waste of money and is your personal decision. how long will your divorce going to be finalized ?

So far the process just recently started. And it can take about three months or so before the divorce finalize. Thank you for your suggestion:)

[domeri123 0]

I want to know if I can apply citizenship now and change name once my citizenship application get approved. Can anyone suggesting on that? Considering that I am in process of divorcing.

[almost_umrican 54]

I want to know if I can apply citizenship now and change name once my citizenship application get approved. Can anyone suggesting on that? Considering that I am in process of divorcing.

technically you have been married to the USC spouse for 3 years which is the requirement to file for naturalization (on the basis of marriage to a usc), considering you are going through the divorce,i don't think you can/should go with 3 year rule. you will have to wait and apply going with 5 year rule.use this for the exact date you can file - https://www.uscis.gov/sites/default/files/dateCalculator.html

[Caryh 5,206]

All references to the American spouse say at the time of filing. So technically if you're still married when you file, it just might go through. You need evidence to prove your spouse was a citizen during the entire 3 year period, and evidence you lived in married union during the period and are at of the filing.

Since you're already talking divorce, are you really in married union? Presenting yourself as such, and a finding that you are not could jeopardize any future application of citizenship. You'd certainly be walking a fine edge of the rules, I know I wouldn't take that chance.

[domeri123 0]

All references to the American spouse say at the time of filing. So technically if you're still married when you file, it just might go through. You need evidence to prove your spouse was a citizen during the entire 3 year period, and evidence you lived in married union during the period and are at of the filing.

Since you're already talking divorce, are you really in married union? Presenting yourself as such, and a finding that you are not could jeopardize any future application of citizenship. You'd certainly be walking a fine edge of the rules, I know I wouldn't take that chance.

Thank you for the advice. I agree with you and I will consider your suggestion. Thank you so much!

technically you have been married to the USC spouse for 3 years which is the requirement to file for naturalization (on the basis of marriage to a usc), considering you are going through the divorce,i don't think you can/should go with 3 year rule. you will have to wait and apply going with 5 year rule.use this for the exact date you can file - https://www.uscis.gov/sites/default/files/dateCalculator.html

Thank you for your reply. The calculator is very useful tool, appreciate it!

[domeri123 0]

One more question, can I just change the SSN name, driver's license name right now? And change my green card name years later?

[Caryh 5,206]

One more question, can I just change the SSN name, driver's license name right now? And change my green card name years later?

You can't take a new name until you officially change your name. As I mentioned, some states allow you to change your name with the divorce, but it needs to be stipulated in the divorce papers signed by the court typically. Or at least in my state it does. Changing your name is dependent on state laws, you need to look up the specifics based on your state. There isn't a big problem with having your green card in your old married name, and having changed everything else. You might be asked to show your legal name change papers (court decree or divorce papers), but really how often are you asked for your green card?

[almost_umrican 54]

You can't take a new name until you officially change your name. As I mentioned, some states allow you to change your name with the divorce, but it needs to be stipulated in the divorce papers signed by the court typically. Or at least in my state it does. Changing your name is dependent on state laws, you need to look up the specifics based on your state. There isn't a big problem with having your green card in your old married name, and having changed everything else. You might be asked to show your legal name change papers (court decree or divorce papers), but really how often are you asked for your green card?

this is a suitable answer for OP's question

[domeri123 0]

You can't take a new name until you officially change your name. As I mentioned, some states allow you to change your name with the divorce, but it needs to be stipulated in the divorce papers signed by the court typically. Or at least in my state it does. Changing your name is dependent on state laws, you need to look up the specifics based on your state. There isn't a big problem with having your green card in your old married name, and having changed everything else. You might be asked to show your legal name change papers (court decree or divorce papers), but really how often are you asked for your green card?

I probably can apply citizenship after about 2 years. And within these 2 years, I don't intend to change my green card name. But I will change my names appearing on everything else. Also I will need to call USCIS to confirm about this.

[domeri123 0]

this is a suitable answer for OP's question

Thank you and I think it makes sense how many times do you have to show name change legal documents for your green card.