SSS and US passport question

[geff44 30]

My wife passed her US citizenship interview last Monday. She is now awaiting oath taking.  It was a combination I 751 then N400 interview.  At the interview we were told by the San Jose USCIS officer that she cannot do a name change in Santa Clara County without going to court to apply for it.  So now they have to use the name on her marriage certificate which is her maiden name.  She has been using my last name for the last 5 years since we got married on legal documents.  Even her DL and SSS card has my last name on it.  My understanding per the USCIS officer her citizenship paper will have her maiden name written instead but still can use my last name for other legal documents.  That is fine but what about the passport?  Can she apply using my last name or will they require her to use the name that appears on her Naturalization certificate?  Also do we have to go back to SSS office to revert back her name to maiden name on her SSS card?  TIA

[Mollie09 1,543]

7 minutes ago, geff44 said:

My wife passed her US citizenship interview last Monday. She is now awaiting oath taking.  It was a combination I 751 then N400 interview.  At the interview we were told by the San Jose USCIS officer that she cannot do a name change in Santa Clara County without going to court to apply for it.  So now they have to use the name on her marriage certificate which is her maiden name.  She has been using my last name for the last 5 years since we got married on legal documents.  Even her DL and SSS card has my last name on it.  My understanding per the USCIS officer her citizenship paper will have her maiden name written instead but still can use my last name for other legal documents.  That is fine but what about the passport?  Can she apply using my last name or will they require her to use the name that appears on her Naturalization certificate?  Also do we have to go back to SSS office to revert back her name to maiden name on her SSS card?  TIA

I'm confused. She did change her name legally if Social Security has her new name. I did the same and when I applied for naturalization said I had legally changed my name and provided my marriage certificate (with my maiden name only) as proof of name change, and said my name on my green card was different. Did she apply with her maiden name?

Edited April 19, 2019 by Mollie09

[geff44 30]

9 minutes ago, Mollie09 said:

I'm confused. She did change her name legally if Social Security has her new name. I did the same and when I applied for naturalization said I had legally changed my name and provided my marriage certificate (with my maiden name only) as proof of name change, and said my name on my green card was different. Did she apply with her maiden name?

social security allowed her to use my last name when she applied for SS card She did not change her name, just added my last name instead of her maiden name.  However when it came to immigration matters they always follow whatever name on the marriage certificate (i.e. her maiden name). Her Phil passport too uses her maiden name .. But for some reason SS and DMV was ok to use my last name .

[Mollie09 1,543]

1 minute ago, geff44 said:

social security allowed her to use my last name when she applied for SS card She did not change her name, just added my last name instead of her maiden name.  However when it came to immigration matters they always follow whatever name on the marriage certificate (i.e. her maiden name). Her Phil passport too uses her maiden name .. But for some reason SS and DMV was ok to use my last name .

Adding your last name is changing her name. If the SSA accepted it, it's a name change.

[geff44 30]

6 minutes ago, Mollie09 said:

Adding your last name is changing her name. If the SSA accepted it, it's a name change.

This is what confuses us since the USCIS officer  during my wife's  interview told us it is fine to use my last name for legal documents except her naturalization certificate will appear with her maiden name since that's how it shows on the marriage certificate.  Isn't it that once you get married to an individual you take your husband's name and can use it for legal purposes.  What is the difference in this case then as long as the marriage certificate shows the name of the husband as well.

[Mollie09 1,543]

Just now, geff44 said:

This is what confuses us since the USCIS officer  during my wife's  interview told us it is fine to use my last name for legal documents except her naturalization certificate will appear with her maiden name since that's how it shows on the marriage certificate.  Isn't it that once you get married to an individual you take your husband's name and can use it for legal purposes.  What is the difference in this case then as long as the marriage certificate shows the name of the husband as well.

The difference seems to be the way you filled out the N-400, since you didn't think she had already changed her name, but she had.

If you applied with her maiden name as her "current name" I can see why they would only issue the certificate in her maiden name, even though they should've caught that at least during the interview. This is kind of a mess now - she has legally changed her name, but if her Certificate comes in her maiden name, her passport will need to be in the name shown in her Certificate, so if I were you I'd file for the court legal name change before getting the passport.

[geff44 30]

On the N400 application we specifically stated names she had or have been using .  The officer even asked her during the interview about names she had used so they know. We even requested a name change on the N400 application but since they don't have judicial oath taking for citizenship in Santa Clara county the only way to do name change is to go thru court ( more money to spend) . I guess the only way to keep my wife passport showing my last name is a court name change then.   Thanks for the advice.

[Dashinka 24,512]

I am confused, what name did she use on the N400?  A marriage certificate functions as a legal name change document for either party related to family names (I.e. you cannot use it to change a given name) regardless of how it is structured.  Our marriage certificate does not have a specific name change section, but my wife filed for the AOS, ROC and N400 in her new family name and her naturalization certificate reflects that.

 

 

Edited April 19, 2019 by Bill & Katya

[Lemon23 400]

1 minute ago, Bill & Katya said:

I am confused, what name did she use on the N400?  A marriage certificate functions as a legal name change document for either party relat d to family names (I.e. you cannot use it to change a given name) regardless as how it is structured.  Our marriage certificate does not have a specific name change section, but my wife filed for the AOS, ROC and N400 in her new family name and her naturalization certificate reflects that.

 

 

One of my friend have question as well about this, but it's only a minor about her last name name. On her SSN and State ID card, she hyphenated her husband last name example like "Santos-Cruz" same what they have on the Marriage Certificate.

But on her naturalization certification there is no hyphen "Santos Cruz" the IO told her during her interview that they don't accept hyphen on certification, would this be consider as a changed name?

She's about to apply for passport but she's kind a hesitant because she wants to have the hyphen on her passport but there is no hyphen on her certifications.

[Lemon23 400]

2 minutes ago, Bill & Katya said:

I am confused, what name did she use on the N400?  A marriage certificate functions as a legal name change document for either party relat d to family names (I.e. you cannot use it to change a given name) regardless as how it is structured.  Our marriage certificate does not have a specific name change section, but my wife filed for the AOS, ROC and N400 in her new family name and her naturalization certificate reflects that.

 

 

Actually the question is, can she add the hyphen on her passport application and have the hyphen on her passport even there is no hyphen on her certification?

[Mollie09 1,543]

6 minutes ago, geff44 said:

On the N400 application we specifically stated names she had or have been using .  The officer even asked her during the interview about names she had used so they know. We even requested a name change on the N400 application but since they don't have judicial oath taking for citizenship in Santa Clara county the only way to do name change is to go thru court ( more money to spend) . I guess the only way to keep my wife passport showing my last name is a court name change then.   Thanks for the advice.

 

They go through the names, but you said her "current" name was her "old" name and they didn't correct you.

Sorry to be the bearer of bad news, and good luck!

[geff44 30]

21 minutes ago, Mollie09 said:

The difference seems to be the way you filled out the N-400, since you didn't think she had already changed her name, but she had.

If you applied with her maiden name as her "current name" I can see why they would only issue the certificate in her maiden name, even though they should've caught that at least during the interview. This is kind of a mess now - she has legally changed her name, but if her Certificate comes in her maiden name, her passport will need to be in the name shown in her Certificate, so if I were you I'd file for the court legal name change before getting the passport.

 

5 minutes ago, Mollie09 said:

 

They go through the names, but you said her "current" name was her "old" name and they didn't correct you.

Sorry to be the bearer of bad news, and good luck!

Now for the name change if my wife does a name change via the court after her oath taking , is it necessary to change her naturalization certificate too to reflect her new name or notify USCIS ?

[Mollie09 1,543]

4 minutes ago, geff44 said:

 

Now for the name change if my wife does a name change via the court after her oath taking , is it necessary to change her naturalization certificate too to reflect her new name or notify USCIS ?

If you want to change the name in the certificate, you can do that for a hefty fee https://my.uscis.gov/exploremyoptions/lost_stolen_certificate

My husband changed his name after his naturalization but didn't change his certificate, and his US passport is in his married name (but not his first). But he used our marriage certificate as a name change document for the passport application but we got married after his naturalization, so I don't know if that would be a problem for you. Might be worth a shot to try applying for the passport with the Naturalization Certificate and your marriage certificate as a name change document.

[Dashinka 24,512]

7 minutes ago, geff44 said:

 

Now for the name change if my wife does a name change via the court after her oath taking , is it necessary to change her naturalization certificate too to reflect her new name or notify USCIS ?

I think you may be a bit confused.  If she checked the name change box on the N400, then her oath ceremony should be conducted at a federal court rather than an administrative oath at a USCIS office.  You mentioned Santa Clara does not do court oaths, then she should be able to wait for the next court oat ceremony nearest to you.  Did the IO give you that option?

[Dashinka 24,512]

23 minutes ago, Lemon23 said:

Actually the question is, can she add the hyphen on her passport application and have the hyphen on her passport even there is no hyphen on her certification?

This is really a separate question and should be in a separate thread, but regardless, if USCIS told you that nat. Certificates don’t use hyphens, then I would expect the passport offices have seen this, so all you can do is ask.  I would explain the situation and hopefully with another ID such as a DL, they will allow the hyphen.