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twomuchcandy

Dropping second (maternal) last name during AoS

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My husband and I are getting married soon, and getting ready to apply for AoS for me. I am from a latin american country and therefore my last name includes two names, my paternal last name, and my maternal last name. I want to change my last name to be just the paternal last name, so for example I want my name to change from Rosa Maria Perez Sanchez, to Rosa Maria Perez. 

I was therefore thinking of filling out my marriage license with the new name (Rosa Maria Perez), to have legal proof of name change, and sending every form (485, 130, etc) with the new name (though listing the other name under ther names used). My question is, will this cause any trouble with my AoS? I dont want to cause confusion or get an RFE.

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Hmmm it is my understanding that if you are wanting to change your name like that you need to petition the courts. Fill out paperwork and go in front of a judge who will then make a decision on your case. A simple last name change without having to do that is if you’re dropping your LAST name and taking your spouse’s last name or if you’re adding your spouse’s last name to your whole name. 

 

Your marriage license needs to have your legal name not something you want. It needs whatever name you have legally at the time of filling (like the name on your passport). If you’re gonna change your name in front of a judge honestly in my opinion that’s just a waste of time and money. Because you’re gonna have to do that before sending your AOS paperwork and add a ton of time to a process that already takes a really long time. Just change your name in the future. It doesn’t matter what name you get married under. 

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The above poster is correct. Name changes are only free when it's taking on your spouses last name. If you want to change your last names (drop one or even create a new one), you'll have to petition the court and pay. In most states it's about $200 plus the time and effort to file the paperwork and appear before a judge.

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So here's the thing, I thought the same thing as you guys, but then when I was looking through marriage process in California (state where I live), I found out that there is actually a few options for name changes with marriage, which seem to include the change I want to make.

From this link: https://www.lavote.net/home/county-clerk/marriage-licenses-ceremonies/apply-for-a-marriage-license/changing-your-name

 

It says:

 

Each party to the marriage may adopt any of the following last names:

  • The current last name of the other spouse.
  • The last name of either spouse given at birth.
  • A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth.
  • A hyphenated combination of last names.

Each party to the marriage may adopt any of the following middle names:

  • The current last name of either spouse.
  • The last name of either spouse given at birth.
  • A hyphenated combination of the current middle name and the current last name of the person or spouse.
  • A hyphenated combination of the current middle name and the birth last name of the person or spouse.

Point 3 of the last name section seems to fit my situation. My only concern is that USCIS wont allow it, since my other documents (passport, birth certificate) are under my old name, and it is kind of a not-standard name change.

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