AOS name change - Philippine way

[payxibka 10,045]

1 minute ago, TXBill said:

Got it. So when does this issue come up? (If it is an issue in our state. I'm currently in TX but may move to TN or KY.)

 

Before the wedding, when we apply for the marriage license or when we get the marriage certificate after the wedding?

 

We want to stick with one name just we don't run into troubles with AOS etc., even if that means sacrificing the Filipino way.

In Mn. When you get the marriage license,  you stipulate what your post marriage names will be.  Then the marriage certificate comes back with the names changed.

 

You just need to understand what the criteria are in the state you choose to marry and go from there 

[Daveandmira 1]

In New York,  They dont allow the filipino way. my wife filled the AOS form with her legal name using the last name of her father as the middle name and my last name as her last name but during the interview the officer told her she cant do that. The legal way is that she can only change her last name to my last name but use the same middle name. if she wants to change it she has to do the legal name change process. 

[billding 59]

15 minutes ago, Daveandmira said:

In New York,  They dont allow the filipino way. my wife filled the AOS form with her legal name using the last name of her father as the middle name and my last name as her last name but during the interview the officer told her she cant do that. The legal way is that she can only change her last name to my last name but use the same middle name. if she wants to change it she has to do the legal name change process. 

When you applied for marriage license how did you do it? 

 

What's on your marriage certificate?

 

That's our concern, we don't want to go the Filipino way if it's going to cause problems eventually.

[Daveandmira 1]

19 minutes ago, TXBill said:

When you applied for marriage license how did you do it? 

 

What's on your marriage certificate?

 

That's our concern, we don't want to go the Filipino way if it's going to cause problems eventually.

When we applied for marriage license in the form we filled out,  we only put her maiden name. During the interview, the personnel asked my wife if shes gonn be using my last name and she sid yes. The marriage certificate shows 

. her complete maiden name and the new last name. 

In her greencard she was only allowed to change her last name and keep her midddle name. She told me Its a headache now. If she wants to renew her philippine passport. I dont know.  She knows better. She processed everything from the start. I know shell figure it out. Lol

32 minutes ago, TXBill said:

When you applied for marriage license how did you do it? 

 

What's on your marriage certificate?

 

That's our concern, we don't want to go the Filipino way if it's going to cause problems eventually.

 

[wasp8898 58]

1 minute ago, Daveandmira said:

When we applied for marriage license in the form we filled out,  we only put her maiden name. During the interview, the personnel asked my wife if shes gonn be using my last name and she sid yes. The marriage certificate shows 

. her complete maiden name and the new last name. 

In her greencard she was only allowed to change her last name and keep her midddle name. She told me Its a headache now. If she wants to renew her philippine passport. I dont know.  She knows better. She processed everything from the start. I know shell figure it out. Lol

 

Yeah I wonder if I just drop my maiden name and follow the US way, how would that work if I want to renew my PH passport. 

[billding 59]

2 minutes ago, wasp8898 said:

Yeah I wonder if I just drop my maiden name and follow the US way, how would that work if I want to renew my PH passport. 

As far as I know, from the posts here on VJ, you have to use your maiden name when you renew your passport because the consulate/DFA won't recognize your new married name if it doesn't follow the Filipino way.

 

TBH, I'd rather my fiance follow what the US wants her to do because getting the passport in her maiden name seems easier to deal with than screwing up the AOS/ROC process.

[wasp8898 58]

2 minutes ago, TXBill said:

As far as I know, from the posts here on VJ, you have to use your maiden name when you renew your passport because the consulate/DFA won't recognize your new married name if it doesn't follow the Filipino way.

 

TBH, I'd rather my fiance follow what the US wants her to do because getting the passport in her maiden name seems easier to deal with than screwing up the AOS/ROC process.

Yeah it does make it easier to follow what the US wants, I mean as long as we can travel back to PH using our maiden names in our passport of course. 

[billding 59]

9 minutes ago, wasp8898 said:

Yeah it does make it easier to follow what the US wants, I mean as long as we can travel back to PH using our maiden names in our passport of course. 

I just wonder if when the GC is issued (which can be up to a year later) and they refuse to use the Filipino way, would you have to change all of your names in IDs, bank accounts, etc.?

 

Say you went with the Filipino way and the state you are in is okay with it but when you receive the GC it's different (like in @Daveandmira's case), do you have to do a name change for.everything and follow the GC?

 

[Hank_ 9,174]

5 hours ago, wasp8898 said:

Hello everyone, 

 

We are about to file AOS and filling out forms, I have a question regarding name change.I basically have two first names and I want to use my husband's last name but also keep my father's last name(like we do in PH) as my middle name. 

Say my name before marriage is Marie Juana S. Gonzales, and now I want to change it to Marie Juana G. Smith to use my husband's last name. 

If this matters, we got married in Washington State but residing in Oregon.

Would this be a problem? 

Thank you.

 

For AOS (filing the I-485) use your new (traditional  Marie Juana G. Smith) married name,  USCIS most times accepts this .. but not always.     IF .. if USCIS has issue then you will have to use your name as shown on your new green card (most times only changing the last name) until you are allowed to apply for citizenship .. at that time you can legally change your name to your new married name ( Marie Juana G. Smith )

 

For state documents like driver's license, once you have your green card they will follow that naming format.

 

For your SS card it is 50/50 whether SSA will follow the name as shown in the SAVE system (your name on your visa) or allow you to use your new married name.   Once you get your green card you can update your name on your SS card.

 

As an added note.  For the Philippines and renewing your passport you MUST your new traditional married name  ( Marie Juana G. Smith )

 

3 hours ago, TXBill said:

Got it. So when does this issue come up? (If it is an issue in our state. I'm currently in TX but may move to TN or KY.)

 

Before the wedding, when we apply for the marriage license or when we get the marriage certificate after the wedding?

 

We want to stick with one name just we don't run into troubles with AOS etc., even if that means sacrificing the Filipino way.    FOLLOW THE ABOVE SUGGESTION.  MY WIFE HAD ZERO ISSUE USING HER TRADITIONAL MARRIED NAME FOR FILING THE I-485,  THEN LATER GETTING HER DRIVER'S LICENSE, ETC.     SSA didn't give her issue either.   Yet for some SSA only allows the name as shown in the SAVE computer until your receive your green card.

 

[Hank_ 9,174]

2 hours ago, TXBill said:

As far as I know, from the posts here on VJ, you have to use your maiden name when you renew your passport because the consulate/DFA won't recognize your new married name if it doesn't follow the Filipino way.

 

TBH, I'd rather my fiance follow what the US wants her to do because getting the passport in her maiden name seems easier to deal with than screwing up the AOS/ROC process.

 

Once you have filed ROM (Report of Marriage) in the Philippines, she MUST use her traditional married name for renewing the passport.  <<  This totally is NOT an issue for getting the Philippine passport in your traditional married name.

 

She will have no issue with AOS or ROC if her Philippine passport is in her married name.   And like said above, IF USCIS has issue using her new married name on the green card, it can all be corrected at naturalization time, as it is free at that time to legally change your name.

 

If there is a name difference between the green card and passport simply carry a copy of your marriage certificate.  

Edited August 21, 2019 by Hank_

[Hank_ 9,174]

3 hours ago, TXBill said:

When you applied for marriage license how did you do it? 

 

What's on your marriage certificate?

 

That's our concern, we don't want to go the Filipino way if it's going to cause problems eventually.

 

For most states the maiden name is listed on the marriage license .. after marriage a person simply starts using their married name, needing only to show their marriage certificate thus being allowed to use their married name from that point forward.

 

In your case the green card will RULE.  IF USCIS doesn't have issue with the green card  being in the traditional married name then all is good.  Otherwise the name to use officially will be as shown on the green card.   << and this will conflict with naming in the Philippines, so expect some name issues for a couple years.    Once obtaining USC all the naming conflicts can be corrected.     (if you have any)

 

Even if you stay with her maiden name in her Philippines passport (which is actually a BAD idea) you will have name issues between her passport and her green card .. and will still need to carry a copy her marriage certificate with her when internationally traveling.

 

 

[Hank_ 9,174]

5 hours ago, geowrian said:

I'd check with Washington's name change due to marriage laws. I believe most states allow this, but there are some that are a bit more strict with the variations permitted. Marriage, and name changes due to marriage, are a state issue.

 

What really matters is what name they get USCIS to accept.  Federal over-rules state.       If they get the traditional Philippine married name accepted for AOS (i-485) with USCIS then it is all over but the shouting.    

 

And as we know anyone can (legally for free ) change their name when completing the Naturalization process for citizenship.

[billding 59]

Thanks @Hank_! Always of great help!

 

Just a couple of questions:

 

- After ROM, she has to use her married name? What if her married name isn't the Filipino way? (My fiance's passport won't need renewing for a few more years, most likely after the conditonal GC is in hand.)

 

- Why would it be a bad idea if she used her maiden name for the passport?

 

- If USCIS says not to use the Filipino way, will she have to go back and change her names in IDs, bank accounts, etc.?

 

[geowrian 22,337]

2 hours ago, Hank_ said:

What really matters is what name they get USCIS to accept.  Federal over-rules state.       If they get the traditional Philippine married name accepted for AOS (i-485) with USCIS then it is all over but the shouting.    

 

And as we know anyone can (legally for free ) change their name when completing the Naturalization process for citizenship.

I agree that if USCIS issues a document in a certain name, then that can be used for state documents fine. The issue is USCIS is not supposed to issue those documents in a name unless one has already successfully changed their name (which can be instantly, but limited by state laws).

 

As an example, say CA passed a law today permitting changing your first name due to marriage as well. USCIS would have to accept that if one marries in CA. If somebody marries elsewhere and they try to do the same with USCIS, USCIS is supposed to reject it (or more specifically, will ask for evidence of that name change such as a court order).

[Hank_ 9,174]

32 minutes ago, TXBill said:

Thanks @Hank_! Always of great help!

 

Just a couple of questions:

 

- After ROM, she has to use her married name? What if her married name isn't the Filipino way? (My fiance's passport won't need renewing for a few more years, most likely after the conditonal GC is in hand.)

 

- Why would it be a bad idea if she used her maiden name for the passport?

 

- If USCIS says not to use the Filipino way, will she have to go back and change her names in IDs, bank accounts, etc.?

 

There is no issue leaving the passport in her maiden name for now, being it has a couple years left on it.    But eventually she will have to renew it and doing so in her married name is most logical.    Using her maiden name passport is so much an actual "bad thing" , but for the long haul it is smarter to get it renewed in her married name.

 

Here is the deal on the Philippine side of this madness.  The Philippines wants you to complete ROM (Report of Marriage), you are not required to do this per law or anything, but IF delay filing ROM and decide later to complete this, they will want you to write a letter explaining why you delayed.  Silly I know.  If you have plans to stay "connected" to things in the Philippines then complete ROM once married, then later renew the passport in her married name.  

 

Even if USCIS is not real cooperative with the name issue during AOS, eventually it can all be handled (citizenship) so that her name in the USA matches her married name in the Philippines.