AOS name change - Philippine way

[Hank_ 9,174]

1 minute ago, geowrian said:

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).

That is interesting on CA.  Yup, I agree .. USCIS should accept that name then.   BUT (there is always butt)  with other states that don't allow that (like AZ where we were) .. USCIS has many times accepted the name as entered on the I-485 .. my wife being one.  So  I always suggest to people .. enter your name in the traditional Philippine format on the I-485 .. they are out nothing to try.  If USCIS lets it fly .. state law is a moot topic.

 

It is just a kindly suggestion (like the pirate code) .. and it works many times

 

My wife still had to complete the name change option during citizenship (to make it official so we were told during the oath process)

 

 

[billding 59]

12 minutes ago, Hank_ said:

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.

Got it. Thanks so much!

 

By the way, is naturalization 3 years after conditonal green card or 10 year green card? When does the counting start? (2 years conditional + 1 year w/o conditions or 3 years w/o conditions?)

Edited August 21, 2019 by TXBill

[Hank_ 9,174]

11 minutes ago, Hank_ said:

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 isn't 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.

Fixed typo ... should of read isn't

[Hank_ 9,174]

4 minutes ago, TXBill said:

Got it. Thanks so much!

 

By the way, is naturalization 3 years after conditonal green card or 10 year green card? When does the counting start?

Citizenship is 3 years from the date her conditional green card was issued.

 

My wife barely had her 10 year green card and was completing citizenship.  (ROC was only taking about 4 months back then)

Edited August 21, 2019 by Hank_

[payxibka 10,045]

5 minutes ago, TXBill said:

Got it. Thanks so much!

 

By the way, is naturalization 3 years after conditonal green card or 10 year green card? When does the counting start? (2 years conditional + 1 year w/o conditions or 3 years w/o conditions?)

3 years Resident Since date and a continuing marital union with the USC 

[wasp8898 58]

6 hours ago, Hank_ said:

 

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 )

 

Thank you Hank, I am actually applying for State ID right now and I dont have a greencard yet, only marriage cert, should I follow my married name or just use my maiden name instead, since all documents I will show are in my maiden name. 

Edited August 21, 2019 by wasp8898

[Hank_ 9,174]

2 hours ago, wasp8898 said:

Thank you Hank, I am actually applying for State ID right now and I dont have a greencard yet, only marriage cert, should I follow my married name or just use my maiden name instead, since all documents I will show are in my maiden name. 

I would take a run at it!