SSS and US passport question

[Lemon23 400]

2 minutes ago, Bill & Katya said:

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.

Thank you, actually there is hyphen on her SSN and DL since these agencies followed whatever she had on her Marriage Certificate,

I would tell her the option to ask and hopefully the passport agency will allow her to use the hyphen on her passport. 

[geff44 30]

49 minutes ago, Bill & Katya said:

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?

Yes we did check it.  My wife was told by the interviewing officer that they cannot do a name change. Unfortunately here in the Bay area they stopped doing judicial oath taking for citizenship hence all name changes cannot be done during oath but only after one becomes a citizen.

[Dashinka 24,519]

10 minutes ago, geff44 said:

Yes we did check it.  My wife was told by the interviewing officer that they cannot do a name change. Unfortunately here in the Bay area they stopped doing judicial oath taking for citizenship hence all name changes cannot be done during oath but only after one becomes a citizen.

Still seems odd, and one I hadn’t heard of before.  What still wasn’t clear is what name was used as the current name on the N400.  If it was her married name, you may consider talking to the CIS Ombudsman.

 

Good aluck!

[geff44 30]

7 minutes ago, Bill & Katya said:

Still seems odd, and one I hadn’t heard of before.  What still wasn’t clear is what name was used as the current name on the N400.  If it was her married name, you may consider talking to the CIS Ombudsman.

 

Good aluck!

On the N400 application we used her maiden name just to be consistent with her I 751 application which was pending at the time we filed for the N400.  However she did indicate on the N400 form Part 2 number 4 question if she wants a name change and the name she wants it to be ( her first name and my last name). I wished we were able to change it during this phase .  Oh well we just need to wait for her oath then proceed to the Santa Clara county court for the name change.  

[Dashinka 24,519]

8 minutes ago, geff44 said:

On the N400 application we used her maiden name just to be consistent with her I 751 application which was pending at the time we filed for the N400.  However she did indicate on the N400 form Part 2 number 4 question if she wants a name change and the name she wants it to be ( her first name and my last name). I wished we were able to change it during this phase .  Oh well we just need to wait for her oath then proceed to the Santa Clara county court for the name change.  

And pay $1170 for the N600.

 

Good Luck!

[Mollie09 1,543]

18 minutes ago, geff44 said:

On the N400 application we used her maiden name just to be consistent with her I 751 application which was pending at the time we filed for the N400.  However she did indicate on the N400 form Part 2 number 4 question if she wants a name change and the name she wants it to be ( her first name and my last name). I wished we were able to change it during this phase .  Oh well we just need to wait for her oath then proceed to the Santa Clara county court for the name change.  

 

You could've applied for the I-751 with her married name as well if it was the name on her SS card already. (not required, marriage certificate was all you needed)

Nothing that can be done now, but it's good information if someone else stumbles on this thread.

 

9 minutes ago, Bill & Katya said:

And pay $1170 for the N600.

 

Good Luck!

I think you mean N-565, and I would hold off until she at least tried to get a passport with the current certificate + marriage certificate.

Edited April 19, 2019 by Mollie09

[Dashinka 24,519]

3 hours ago, Mollie09 said:

 

You could've applied for the I-751 with her married name as well if it was the name on her SS card already. (not required, marriage certificate was all you needed)

Nothing that can be done now, but it's good information if someone else stumbles on this thread.

 

I think you mean N-565, and I would hold off until she at least tried to get a passport with the current certificate + marriage certificate.

Yep, thanks.

[Qian 33]

14 hours ago, geff44 said:

On the N400 application we used her maiden name just to be consistent with her I 751 application which was pending at the time we filed for the N400.  However she did indicate on the N400 form Part 2 number 4 question if she wants a name change and the name she wants it to be ( her first name and my last name). I wished we were able to change it during this phase .  Oh well we just need to wait for her oath then proceed to the Santa Clara county court for the name change.  

Maybe different offices have different practice? 

I did the same- my N400 and GC was under my maiden name, and I ticked the box of name change on N400, indicating my husband's last name.

Different than what happened at your wife's interview, my interviewer told me that this kind of name change IS NOT considered as legal name change. She double checked my birth certificate, and marriage certificate, and canceled the name change part on N400 on the tablet, and I digitally signed it.

It seemed USCIS changed my name at that point.

Then, when I received my oath notice, it's already under my married name. Sure enough also on my Certificate of Naturalization.

 

Maybe worth checking with USCIS again?

 

 

Edited April 20, 2019 by Qian

[Nitas_man 3,100]

21 hours ago, 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.

What name is on the PR card?  Married or maiden?  

Has the passport name ever been updated?

[geff44 30]

7 hours ago, Qian said:

Maybe different offices have different practice? 

I did the same- my N400 and GC was under my maiden name, and I ticked the box of name change on N400, indicating my husband's last name.

Different than what happened at your wife's interview, my interviewer told me that this kind of name change IS NOT considered as legal name change. She double checked my birth certificate, and marriage certificate, and canceled the name change part on N400 on the tablet, and I digitally signed it.

It seemed USCIS changed my name at that point.

Then, when I received my oath notice, it's already under my married name. Sure enough also on my Certificate of Naturalization.

 

Maybe worth checking with USCIS again?

 

 

Hopefully during the oath taking and when we receive her naturalization certificate they will have my last name at the end of her name just like how her social security card was treated by the SSA: first name, her maiden name then my last name. 

[geff44 30]

1 hour ago, Nitas_man said:

What name is on the PR card?  Married or maiden?  

Has the passport name ever been updated?

 Her conditional green card has her maiden name so does her Philippine passport.  

[Ontarkie 14,234]

 

 

She is already using her married name. During the N400 you did not need to do a name change, but you screwed up by not using her married name on the forms. No big deal it's nothing to stress over. 

 

Here's why- When someone changes their name by marriage they don't actually change their legal name. The law allows it to assume the spouses last name as another legal name. Now if you went through the courts to change her name to your married name you are legally changing the name she was given at birth. If she was the USC she would then change her birth certificate. That is not your goal. At least not from what I have read in your post so far. You want her to have your married last name in her US Passport. No problem apply for the passport in her married name and show the marriage certificate with her social and DL using the new last name. 

 

So stop thinking you need to do a court name change it's not the same thing as assuming the spouses last name. 

Edited April 20, 2019 by Ontarkie

[aaron2020 11,651]

A marriage certificate does actually allow a person to change their legal name.  

 

https://www.legalzoom.com/articles/changing-your-name-after-marriage

 

Generally, however, in most states, a legal name change after marriage can be accomplished by simply filling out some forms and without court involvement.

 

The most important document in the name change process is your marriage certificate. You will need several certified copies, which you can request from the clerk of the county in which you were married.

[Ontarkie 14,234]

 Yes it is a legal name change, but not the same as a court name change. When using a married name you can switch back to the maiden name later for some reason or another. most the time it's divorce. But if going to the courts and getting a name change through them you cannot just go back to your maiden name. Most ppl in that case go as far as getting their BC changed too. They can no longer go by their old name unless going through the courts and that can be denied. 

[geff44 30]

3 hours ago, Ontarkie said:

 

 

She is already using her married name. During the N400 you did not need to do a name change, but you screwed up by not using her married name on the forms. No big deal it's nothing to stress over. 

 

Here's why- When someone changes their name by marriage they don't actually change their legal name. The law allows it to assume the spouses last name as another legal name. Now if you went through the courts to change her name to your married name you are legally changing the name she was given at birth. If she was the USC she would then change her birth certificate. That is not your goal. At least not from what I have read in your post so far. You want her to have your married last name in her US Passport. No problem apply for the passport in her married name and show the marriage certificate with her social and DL using the new last name. 

 

So stop thinking you need to do a court name change it's not the same thing as assuming the spouses last name. 

I wished we have known that it is OK to use her married name on both the I 751 and N400 applications!  I was just afraid that her Philippine passport was still using her maiden name so I thought we should follow whatever it says .  And our marriage certificate has her maiden name too since that's what the county where we used to reside in New Jersey required on the certificate.