K2 needs to change last name

[chicago_23 90]

I'm the Petitioner and my wife had a child who came in USA on K1-K2 visa. We had same-sex union and currently living here in Chicago, Illinois.

Our child needs a last name change so that he is not the only one stuck with my wife's maiden name. Their I-485 AOS still pending at this time.

I would like also to legally adopt him to tie all loose ends. No biological father involvement since gestational age (pregnancy). I just feel stuck

right now. Does anyone has any input on the topic? I appreciate new light on this matter. Thanks in advance.

[geowrian 22,337]

A marriage certificate is a legal name change document. I don't believe it is different in any way for SSM couples. To change your name after marriage (including for a child), you literally just need to start using the name. The biggest issue is you don't have documentation of the name change, but that's where an EAD or green card comes in, or if you have an SSN then updating that name with the SSA, or via a state ID/driver's license.

 

Assuming so, the I-485 should have been filed in his new name. You can send a letter to them (you might have to call for the address?) to update the name on the I-485.

Otherwise, the green card will be issued in his current name and you would need an I-90 to get a new one in a new name.

 

I'll also add that after too long, changing names via a marriage certificate may not be available and you would need a legal name change via a court order.

[TM92 527]

1 hour ago, geowrian said:

A marriage certificate is a legal name change document.

After some searching, this is only viable for OP's wife. For the child the "usage method" is not an option in Illinois. The corresponding statute is Illinois Compiled Statutes, Chapter 735 Civil Procedure, Art. XXI Change of Name.

Edited August 21, 2018 by TM92

[geowrian 22,337]

8 minutes ago, TM92 said:

After some searching, this is only viable for OP's wife. For the child the "usage method" is not an option in Illinois. The corresponding statute is Illinois Compiled Statutes, Chapter 735 Civil Procedure, Art. XXI Change of Name.

So my assumption was incorrect in that state. Nice pickup.

[chicago_23 90]

that was informative but gives me headache; I will try to ask at County Clerk regarding the procedures.

[mymarley 14]

im curious if you successfully change the name of your child? we are planning to do it too

[Ontarkie 14,231]

8 hours ago, mymarley said:

im curious if you successfully change the name of your child? we are planning to do it too

Name change for a child has to be done in court. 

It is not the same as a spouse assuming their spouses name. It doesn't change their name on their BC. But for a child that is not an option. The parent must petition the court as it is a full legal name change. 

If ppl get divorce a spouse can go back to their maiden name as it was just an assume name. (still a legal name but not the same as petitioning the courts).

[mymarley 14]

On 3/4/2020 at 12:41 AM, Ontarkie said:

Name change for a child has to be done in court. 

It is not the same as a spouse assuming their spouses name. It doesn't change their name on their BC. But for a child that is not an option. The parent must petition the court as it is a full legal name change. 

If ppl get divorce a spouse can go back to their maiden name as it was just an assume name. (still a legal name but not the same as petitioning the courts).

yeah thats what my attorney said to file in court cheaper than adoption..