Help on N-400 Part 2

[dburnt 59]

So, I entered in 2014 on a K1 visa, married and applied for AOS.  On my AOS, I only used my name as it was previously (i.e. I didn't apply in my married name (long story short, I was was really frazzled as my Mom had just had a stroke, my dad's nursing home burned down, and I wasn't thinking clearly).  Anyway, my temp GC is in my old name.  When I applied for my ROC, I used my married name, and my NOA came in my married name.

 

Because I haven't updated my SSN (I was told by them that I couldn't until DHS officially changes my name, since my GC has the old name), all my ID is in my maiden name.  So, I assume that my maiden name remains my "legal name" (but is this correct?).

 

Now, I am applying for Citizenship, but my I-751 is still not processed (estimated timing is now 14 to 16 months from application), and I am not sure what to use in "Legal Name" and whether to request a Name Change (as my reason for changing is marriage).  The info sheet says not to request a name change if it is because of marriage, but not sure if that is the right answer for th

 

Is there a number you can call for these types of questions?  Would an InfoPass appointment be the way to go (note that driving to the SS office and InfoPass location is a couple hours drive time)?

[Going through 5,671]

1 hour ago, dburnt said:

Because I haven't updated my SSN (I was told by them that I couldn't until DHS officially changes my name, since my GC has the old name), all my ID is in my maiden name.  So, I assume that my maiden name remains my "legal name" (but is this correct?).

If you took your husband's last name when you married, then that is your legal name.

 

1 hour ago, dburnt said:

Now, I am applying for Citizenship, but my I-751 is still not processed (estimated timing is now 14 to 16 months from application), and I am not sure what to use in "Legal Name"

If you took your husband's last name when you married, then you would use that as your legal last name on the N400 application (just like you did for your ROC filing).

 

[dburnt 59]

1 hour ago, Going through said:

If you took your husband's last name when you married, then that is your legal name.

 

If you took your husband's last name when you married, then you would use that as your legal last name on the N400 application (just like you did for your ROC filing).

 

Well that's the issue I guess.  I took it as far as it is the name I give people, but I didn't take it "officially" (I couldn't change it anywhere (passport, bank, DMV, etc) as DHS had the maiden name from the AOS, and that's what is on my GC issued after marriage).  So as far as I'm concerned I took it, but is that legal if it isn't on any documentation...we married 3 years ago, not recently.

 

I'm tending towards using the married name as legal and just identifying the name on the GC as indicated.  It would be so much easier if the ROC were done lol

[Going through 5,671]

1 hour ago, dburnt said:

Well that's the issue I guess.  I took it as far as it is the name I give people, but I didn't take it "officially" (I couldn't change it anywhere (passport, bank, DMV, etc) as DHS had the maiden name from the AOS, and that's what is on my GC issued after marriage).  So as far as I'm concerned I took it, but is that legal if it isn't on any documentation...we married 3 years ago, not recently.

 

I'm tending towards using the married name as legal and just identifying the name on the GC as indicated.  It would be so much easier if the ROC were done lol

If you did not *legally* change your name upon your marriage, your maiden name is then still your legal name.

The marriage certificate is a legal name change document, and what counts in USCIS's eyes.  If you kept your maiden name after marriage, then that is your legal name.

 

It all depends on what your marriage certificate says as to your last name.  As an aside, you should really get your other identification changed if you took your husband's last name on your marriage certificate/marriage license so that it all matches up by the time your N400 interview rolls around....if not, you can always elect to have a legal name change during your oath ceremony (provided you request this during your N400 interview).

Edited November 5, 2017 by Going through

[Villanelle 4,122]

Fill out the n400 with the married name- just like you did for ROC.

 

Some of this issue is state specific. Some states have places on the marriage certificate that says "new name", some dont. But generally speaking the marriage gives you the right to use his last name whether its printed on the certificate or not. There is no time limit to start using it. When I was previously married I waited over 5 years before I stopped using my maiden name. You are totally fine if you want to start using the new last name now. No one is going to care why unless they are just being nosy.

 

And BTW both names are considered your legal names in a way. Its just easier to have all your IDs with the same name and only use one name. 

[dburnt 59]

23 minutes ago, Going through said:

If you did not *legally* change your name upon your marriage, your maiden name is then still your legal name.

The marriage certificate is a legal name change document, and what counts in USCIS's eyes.  If you kept your maiden name after marriage, then that is your legal name.

 

It all depends on what your marriage certificate says as to your last name.  As an aside, you should really get your other identification changed if you took your husband's last name on your marriage certificate/marriage license so that it all matches up by the time your N400 interview rolls around....if not, you can always elect to have a legal name change during your oath ceremony (provided you request this during your N400 interview).

As I said, I tried to change it but you cannot change anything until DHS updates their records (Banks require DMV which requires SSN which requires DHS).  As the update to DHS was part of the i-751, and the i-751 has been pending for close to a year, my hands are tied.

 

[candybabe 46]

22 hours ago, dburnt said:

So, I entered in 2014 on a K1 visa, married and applied for AOS.  On my AOS, I only used my name as it was previously (i.e. I didn't apply in my married name (long story short, I was was really frazzled as my Mom had just had a stroke, my dad's nursing home burned down, and I wasn't thinking clearly).  Anyway, my temp GC is in my old name.  When I applied for my ROC, I used my married name, and my NOA came in my married name.

 

Because I haven't updated my SSN (I was told by them that I couldn't until DHS officially changes my name, since my GC has the old name), all my ID is in my maiden name.  So, I assume that my maiden name remains my "legal name" (but is this correct?).

 

Now, I am applying for Citizenship, but my I-751 is still not processed (estimated timing is now 14 to 16 months from application), and I am not sure what to use in "Legal Name" and whether to request a Name Change (as my reason for changing is marriage).  The info sheet says not to request a name change if it is because of marriage, but not sure if that is the right answer for th

 

Is there a number you can call for these types of questions?  Would an InfoPass appointment be the way to go (note that driving to the SS office and InfoPass location is a couple hours drive time)?

I actually got in trouble with the officer at the interview - She said I should have requested a name change if NONE  of my ID documents ( drivers license, passport, green card, bank, etc ) is in my married name - that means I have never really used the married name as a legal name and therefore it should be noted as a name change.

 

I attempted to explain to her that the instructions say not to request name change if just due to marriage - she would not have it, got frustrated, printed the change of name request form and that was it ....

 

the next day after the interview and wanting to get ahead of the game, I went to SSA and changed my name based on the marriage certificate from 2 years ago and they never gave me any issues... they know you have a green card even if it is in the old name.....then a week later I went and got my name changed with the DMV ( you have to allow time for the SSA change to go through) and got a new license....and that was it ...will do the rest in time ( bank, work, etc)

 

All that being said I actually had a permanent green card valid until 2020.... so not sure if that changes things....

 

 

[candybabe 46]

18 hours ago, Going through said:

If you did not *legally* change your name upon your marriage, your maiden name is then still your legal name.

The marriage certificate is a legal name change document, and what counts in USCIS's eyes.  If you kept your maiden name after marriage, then that is your legal name.

 

It all depends on what your marriage certificate says as to your last name.  As an aside, you should really get your other identification changed if you took your husband's last name on your marriage certificate/marriage license so that it all matches up by the time your N400 interview rolls around....if not, you can always elect to have a legal name change during your oath ceremony (provided you request this during your N400 interview).

I beg to differ - the marriage certificate ( at least in Connecticut) does not specify the last name to be used after marriage - so you can change your name years down the line based on the same certificate ....