Passport/Green card name - Traveling Issue

[TanyaOPhoto 5]

Hi all,

I've been a US Permanent resident since 2013, I recently had my conditions lifted, my N400 is in process and I'm in line for an interview. I have a new shiny 10yr greencard in my married name. My Canadian passport is in my maiden name. The first couple of times I travelled I brought my marriage certificate, until officers told me they didn't need it. I have been hesitant to change my Canadian passport name remotely because I am uncomfortable sending all of my original identification documents (birth certificate, current passport etc) through the mail and wanted to wait until I had a long time of no travel in order to do it. Fortunately for me but not for this, I travel back home too often to wait it out and now have an imminent death in my family.

Since 2013 I've visited Canada 13 times and have had zero real problems in with customs in the airport, except recently.

I recently had an experience with a CBP officer when returning home to the US after 4 days in Canada. He was very rude and angry from the jumpoff and didn't even say hello. I know they can be this way, especially in the pre-clearance section at the airport I was traveling through. Even so, I always maintain a friendly demeanor and readily handed him my documents.

He scans my green card, then looks at both of my documents, and asks me why the names don't match. I explain that my passport is in my maiden name but green card in my married name. He tells me I "can't do that". I am confused, because I have travelled by air between the US and Canada this way 13 times in the last 3 years and have never once had a problem. I tell him this.
He then begins to YELL at me: "YOU CAN'T DO THAT, WHAT DO YOU ENTER THE UNITED STATES WITH?"
"My passport and green card"
"NO, YOU ENTER WITH THIS *holds up my green card* AND THIS DOESN'T MATCH YOUR PASSPORT, SO WHEN I SCAN YOU NOTHING COMES UP"
I apologize again and specify, again, that this is the first I'm hearing of this because I've never had a problem for 3 years.
The agent tells me I'm "going to have a problem NOW". He adds a note saying I have to change my passport name (what?)

He is angry because I didn't book my travel with my married name. I try and tell him that's impossible for me to do because my ticket must match my passport. He doesn't like that answer. He then questions me over and over why my names don't match. He tells me I HAVE to change my passport name because it's "not [my] name anymore". He is then angry cause i'm "going back and forth" with him, when really I'm trying to answer his questions politely. I literally had no idea what he wanted out of this exchange. It's not like I could march over to the passport office in that moment? Besides, the only other time I ever had an overly surly CBP officer, he told me no matter what that my greencard possession trumps any issue he could possibly have with me and cannot refuse me entry.

I finally concede and tell him I'll change it when I get home to the US. He looks at me for a minute, asks me if I'm carrying food. I say no. He sends me to secondary inspection and codes it under food. The secondary agent looks at my customs card, asks me what food I'm carrying. I say none.The secondary agent searches my bag, sees I'm telling the truth, looks confused and then asks me what the first agent told me.

"He told me I have to change the name on my passport".

The other agent smiled apologetically and sent me on my way.

I have submitted a complaint with CBP, but furthermore I have a few issues with this:

1. Under Canadian law I am not legally required to change my name EVER.

2. This US border agent is trying to tell me to legally change my name in Canada- what?

3. My greencard is the trump card. Usually border agents don't care about my ticket name, they care about my identification. This has never been an issue and I travel back and forth roughly every 3 months.

4. USCIS knows my maiden name, it's always under "other names" in literally every document I've ever filled out for them.

5. In hindsight I probably didn't pop up in the system on this trip because my green card was new. So now this guy has apparently noted I need to legally change my name in another country, instead of just noting my maiden name.

6. Is he basically just full of it?

I have another trip coming up again in June with my husband, and I plan on bringing my marriage certificate along. How can I resolve this issue/possible flagging? Should I also bring my expired permanent resident card if they really wanted to check up on it?

I want to ask for your feedback and if you guys know the specific references to laws on this subject, cause I'd like to have those too in case.

To reiterate, I can't really start changing my Canadian name from the US right now and surrendering my current passport, because there is an imminent death in my family. I need to able to get home on short notice.

Thank you guys!

[ryna 132]

Ding, ding, ding ---> 6. Is he basically just full of it?

My wife is in the same situation with her GC/passport and she has never had an issue when we travel.

I know, that when we travel, the airline enters her GC (married) name into the passenger manifest for the flight after validating her ticket in her passport name. He was probably just bent out of shape because the airline did not put the name you were going to use to enter the U.S. into the system and he had to use his brain.

Here's a link I had found the other day:

https://help.cbp.gov/app/answers/detail/a_id/1191/kw/entering%20U.S.%20LPR/suggested/1

What documents, identification, and paperwork does a legal permanent resident (LPR) or Green Card holder need to travel internationally?

Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs do not need a passport to enter the United States as per (8 CFR 211.1(a)),however, they may need a passport to enter another country. Please contact the embassy of the foreign country you will be traveling to for their requirements.

While CBP does not require the passport as noted above, the airlines may have their own requirements, please check with your airlines prior to travel. Also, travel documents for LPRs do not need to be valid for any certain amount of time. Your LPR card only needs to be valid on the day that you are entering the US.

Edited April 26, 2016 by ryna

[Transborderwife 4,666]

I vote number 6 and a bad day/jackassery

[TanyaOPhoto 5]

Thank you!! So you don't think I'm flagged for future travel? I'm sure it can be mitigated by my bringing my marriage certificate on the next trip. I will ask the airline desk agents about verifying my name in the future! I usually check in online and have never experienced them doing that.

Thank you for the link, it's really helpful!

Ding, ding, ding ---> 6. Is he basically just full of it?

My wife is in the same situation with her GC/passport and she has never had an issue when we travel.

I know, that when we travel, the airline enters her GC (married) name into the passenger manifest for the flight after validating her ticket in her passport name. He was probably just bent out of shape because the airline did not put the name you were going to use to enter the U.S. into the system and he had to use his brain.

Here's a link I had found the other day:

https://help.cbp.gov/app/answers/detail/a_id/1191/kw/entering%20U.S.%20LPR/suggested/1

What documents, identification, and paperwork does a legal permanent resident (LPR) or Green Card holder need to travel internationally?

Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs do not need a passport to enter the United States as per (8 CFR 211.1(a)),however, they may need a passport to enter another country. Please contact the embassy of the foreign country you will be traveling to for their requirements.

While CBP does not require the passport as noted above, the airlines may have their own requirements, please check with your airlines prior to travel. Also, travel documents for LPRs do not need to be valid for any certain amount of time. Your LPR card only needs to be valid on the day that you are entering the US.

[Transborderwife 4,666]

it's possible but don't know. Bring a copy with you just in case next time.

[ryna 132]

Thank you!! So you don't think I'm flagged for future travel? I'm sure it can be mitigated by my bringing my marriage certificate on the next trip. I will ask the airline desk agents about verifying my name in the future! I usually check in online and have never experienced them doing that.

Thank you for the link, it's really helpful!

I'm sure you'll be fine... You just ran into a crankier (than usual) CBP agent.

[lkerky 25]

I changed my name and then waited until my next visit to Canada to change my passport while I was visiting (for fear of the same problem- sick relatives). You can pay an extra fee and have it completed within 3 days. It sounds like you travel enough that is a possibility?

[TMR 5]

About that; was this in Montreal? Cause some CBPs officers are a**holes here! Just like the one you ran into. Your situation is all too familiar to me.

But besides that and from a legal practitioner's perspective, he's right. You can't have 2 legal names unless you combined maiden and newly assumed name. If you call Canada Passport, they will tell you the same thing. You'll have to apply for a new passport with your newly assumed name. Don't worry about your birth certificate.

[TanyaOPhoto 5]

Toronto! They are awful. My aunt works for Air Canada and the CBP officers ban airline workers from the area if they ever "cause trouble" with them.

It's not two legal names. Canadians can go by their married name and never change their name in any other capacity. I've personally known many women who've done just that- going by a married name for everything for decades but their passport is still in their maiden name. You're never under a legal obligation to change your name in Canada. Either way, this CBP agent is American since it was a US pre-clearance location. He has no jurisdiction over Canadian law.

I'll be bringing my marriage certificate on my next trip in case - to enter the US I only need my greencard, they shouldn't care what my airline ticket is under as no others have in the past.

About that; was this in Montreal? Cause some CBPs officers are a**holes here! Just like the one you ran into. Your situation is all too familiar to me.

But besides that and from a legal practitioner's perspective, he's right. You can't have 2 legal names unless you combined maiden and newly assumed name. If you call Canada Passport, they will tell you the same thing. You'll have to apply for a new passport with your newly assumed name. Don't worry about your birth certificate.

I usually just go for a weekend, but it's certainly something to keep in mind when my stays are longer.

I changed my name and then waited until my next visit to Canada to change my passport while I was visiting (for fear of the same problem- sick relatives). You can pay an extra fee and have it completed within 3 days. It sounds like you travel enough that is a possibility?

Edited April 28, 2016 by TanyaOPhoto

[Transborderwife 4,666]

Toronto! They are awful. My aunt works for Air Canada and the CBP officers ban airline workers from the area if they ever "cause trouble" with them.

It's not two legal names. Canadians can go by their married name and never change their name in any other capacity. I've personally known many women who've done just that- going by a married name for everything for decades but their passport is still in their maiden name. You're never under a legal obligation to change your name in Canada.

I'll be bringing my marriage certificate on my next trip - to enter the US I only need my greencard, they shouldn't care what my airline ticket is under.

True, and it's easier to change your name. When I was separated I just needed to show my birth and marriage certificate to change my name back to my maiden. I didn't need a divorce decree like here.

[TanyaOPhoto 5]

UPDATE!

Got a call from CBP, the Chief assured me I was in the right, my understanding of the law was accurate, and in the future to simply ask to speak to a supervisor (I didn't know that was an option!) He also assured me I will not have issues in future travel.

So guys, let it be known: Your foreign passport and permanent resident card surnames don't need to necessarily match! I'm just going to bring my marriage certificate along next time in case.

[TBoneTX 45,910]

Thanks for the update with the great news. You got a fast response.

Yes, the magic words are "Sir, I'll need your name & badge number, the full name & e-mail address of your Port Director, and the name of the Chief Patrol Agent for this sector." The key is to remain composed and remember this when under assault by out-of-control agents.