Citizenship - Name Change

[Talako 790]

One issue a Filipina can have is the that her Green Card and her Filipino passport may have different middle names due to naming conventions, the law, or a confused USCIS Officer.  The common correction is a name change through the N-400 (citizenship). If a Filipina does not change her middle name in the US, does that create a problem should a Filipina apply for dual citizenship in the future?  Her name on her Certificate/US Passport is different than the name on the Dual Citizen application?  A copy of the Certificate/passport is required for that application.

 

I know most people are at the front end of this journey, but I was hoping there might be one person that might be knowledgeable. 

 

(Before you go there, yes, I will check with the Consulate.)

[Hank_ 9,174]

Changing the middle name when completing AOS can be a challenge, officially USCIS doesn't accept middle name changes, but many times when submitting the I-485 you can "get away with it".   It is not a big deal if the green card and passport do not match, simple carry a copy of your marriage certificate when traveling internationally.

 

And yes once you are completing naturalization you can do a name change so that the middle name matches the Philippine naming format      (even if you did it with AOS which isn't official)

 

If you don't change your middle name when completing naturalization it is not a big deal when acquiring Philippine citizenship again.

[payxibka 10,047]

I'd be interested in seeing evidence of this official stance on no middle name changes allowed by the USCIS during AOS.   Until such time its nonsensical.   In the two AOS applications I have been a part of, middle name changes occurred with both. 

Edited February 10, 2021 by payxibka

[Talako 790]

2 hours ago, Hank_ said:

Changing the middle name when completing AOS can be a challenge, officially USCIS doesn't accept middle name changes, but many times when submitting the I-485 you can "get away with it".   It is not a big deal if the green card and passport do not match, simple carry a copy of your marriage certificate when traveling internationally.

 

And yes once you are completing naturalization you can do a name change so that the middle name matches the Philippine naming format      (even if you did it with AOS which isn't official)

 

If you don't change your middle name when completing naturalization it is not a big deal when acquiring Philippine citizenship again.

We are past all check points in this process to make a change other than through the N-400.  My wife is filing for citizenship in a few days.  We tried through the I-485, but it was at AOS where USCIS forced her to change it to reflect her birth certificate. It didn't seem to matter that she was a widow and she wanted to keep her legal middle name from that marriage. 

 

In checking consulate websites on dual citizens, only the San Fransisco Consulate addresses the issue with an affidavit as to the name discrepancy.  The others don't mention it.

 

We are leery in adding a few extra weeks/months to the N-400 with a name change to avoid a potential problem down the road with dual citizenship (if wanted.) 

[SB5130 88]

I had successfully change my name from maiden name to married name PH way midway during the immigration journey. 
 

My 2-year greencard is under my maiden name. I changed my name prior to filing ROC. I did not have any issues. But, what i did was— first, change all my IDs to married name PH way. First, SSN card. Then, driver’s license. Third, PH passport.

 

when it was time to file for ROC, i fill it up with my “new” married name. I attached my driver’s license, passport-both in the correct name as a supporting document of the name change. I did not have any issues anywhere in the filing. My 10-year greencard was in my PH married name

 

the only bump i had was at the DMV while applying for a new driver’s license. The lady didnt correctly changed my married name PH way. Since it’s face-to-face, i have the opportunity to correct her.  
 

the USCIS folks cant force you to change your middle name same with the birth certificate when all your valid IDs and documents are in the new name

Edited February 11, 2021 by SB5130

[Chancy 6,243]

3 hours ago, Talako said:

In checking consulate websites on dual citizens, only the San Fransisco Consulate addresses the issue with an affidavit as to the name discrepancy.  The others don't mention it.

 

The PH consulate in New York also has this on their website --

 

What if there is a discrepancy in my name?

The Order of Approval granting the application shall state your name as appearing in the birth certificate, followed by an alias or “also known as” (AKA) indicating the name as appearing in your foreign passport.

If you secured a correction of entry of your birth certificate with the appropriate Local Civil Registrar or the Court, the Order of Approval and the Identification Certificate, if any, shall state your name as reflected in the annotated birth certificate.

http://newyorkpcg.org/pcgny/consular-services/dual-citizenship-ra-9225/

[Hank_ 9,174]

8 hours ago, Talako said:

We are past all check points in this process to make a change other than through the N-400.  My wife is filing for citizenship in a few days.  We tried through the I-485, but it was at AOS where USCIS forced her to change it to reflect her birth certificate. It didn't seem to matter that she was a widow and she wanted to keep her legal middle name from that marriage. 

 

In checking consulate websites on dual citizens, only the San Fransisco Consulate addresses the issue with an affidavit as to the name discrepancy.  The others don't mention it.

 

We are leery in adding a few extra weeks/months to the N-400 with a name change to avoid a potential problem down the road with dual citizenship (if wanted.) 

Changing a person's name during the N-400 process doesn't add time to the process.   During the (day of) final oath taking process my wife completed a form indicating the new name* and then a judge signed off on it.

 

My wife changed her middle name during AOS**, USCIS did not blink so all her IDs (and even the green card) showed her name in the traditional naming format for a married person.   <  Yet when she got to the end of the N-400 process they told her that she needed to legally change her name or her naturalization certificate would be issued with her original middle name.  She completed the form, handed it back to the person handling the process before the actual oath taking and all was fine, naturalization certificate arrived  A-okay.    

 

** I know of many where USCIS would not accept the middle name change with the I-485 (AOS), there are even a number of topics here on VJ about this.

 

As for Dual Citizenship, what name is in her Philippine passport now?

Edited February 11, 2021 by Hank_

[Talako 790]

8 hours ago, SB5130 said:

the USCIS folks cant force you to change your middle name same with the birth certificate when all your valid IDs and documents are in the new name

They can, and they did.  Whether it was right is something else.

[Talako 790]

8 hours ago, Chancy said:

 

The PH consulate in New York also has this on their website --

 

What if there is a discrepancy in my name?

The Order of Approval granting the application shall state your name as appearing in the birth certificate, followed by an alias or “also known as” (AKA) indicating the name as appearing in your foreign passport.

 

If you secured a correction of entry of your birth certificate with the appropriate Local Civil Registrar or the Court, the Order of Approval and the Identification Certificate, if any, shall state your name as reflected in the annotated birth certificate.

http://newyorkpcg.org/pcgny/consular-services/dual-citizenship-ra-9225/

Thanks.  I read that, but I appeared to have misread it.  Looks like they account for a name discrepancies in the approval order.  Doesn't state what the applicant has to do if there is a name discrepancy to start with.

[Talako 790]

3 hours ago, Hank_ said:

Changing a person's name during the N-400 process doesn't add time to the process.   During the (day of) final oath taking process my wife completed a form indicating the new name* and then a judge signed off on it.

 

My wife changed her middle name during AOS**, USCIS did not blink so all her IDs (and even the green card) showed her name in the traditional naming format for a married person.   <  Yet when she got to the end of the N-400 process they told her that she needed to legally change her name or her naturalization certificate would be issued with her original middle name.  She completed the form, handed it back to the person handling the process before the actual oath taking and all was fine, naturalization certificate arrived  A-okay.    

 

** I know of many where USCIS would not accept the middle name change with the I-485 (AOS), there are even a number of topics here on VJ about this.

 

As for Dual Citizenship, what name is in her Philippine passport now?

The reason this all comes up is because the N-400 general forum is reporting delays because the oath ceremony is different for name changes because the court is involved, and courts are backed up due to Covid. 

 

Her passport is in her married name the PH way.   

 

More than likely she will file the name change and deal with any delays just to avoid any possible issues.  I just remembered that her SS is in her PH name.  Both middle names have the same initial, so we missed that. (Thanks SB5130)

[SB5130 88]

3 hours ago, Talako said:

They can, and they did.  Whether it was right is something else.

Did your wife had all the rest of her documents in married name? Because during my interview, the USCIS tried to change it and i showed them my passport with my name in married PH Name. They typed exactly what’s in my passport.

[Hank_ 9,174]

3 hours ago, Talako said:

The reason this all comes up is because the N-400 general forum is reporting delays because the oath ceremony is different for name changes because the court is involved, and courts are backed up due to Covid. 

 

Her passport is in her married name the PH way.   

 

More than likely she will file the name change and deal with any delays just to avoid any possible issues.  I just remembered that her SS is in her PH name.  Both middle names have the same initial, so we missed that. (Thanks SB5130)

Really ..    My wife completed the form right there at the oath taking ceremony, gal gathered them all up, had a judge sign them all and bingo .. done    No court appears or anything like that.   Not sure why a court appear would be necessary, name change is allowed "out of the box" with naturalization.    So much of this is becoming Mickey Mouse.

 

 

[Talako 790]

3 hours ago, SB5130 said:

Did your wife had all the rest of her documents in married name? Because during my interview, the USCIS tried to change it and i showed them my passport with my name in married PH Name. They typed exactly what’s in my passport.

Nope.  SS Card was in married name.  It uses an initial and the two middle names start with the same letter.  No help there.  No DL, as Texas DPS refused to issue before GC.

 

Passport was in her prior married name which adds an extra touch of confusion.  AOS occurred before we could make the long trip to LA from Texas (this was pre-Houston) to do ROM and change the passport.

 

Sometimes it can be done at that stage, and sometimes not.  For us, it was the not. 

[Talako 790]

2 hours ago, Hank_ said:

Really ..    My wife completed the form right there at the oath taking ceremony, gal gathered them all up, had a judge sign them all and bingo .. done    No court appears or anything like that.   Not sure why a court appear would be necessary, name change is allowed "out of the box" with naturalization.    So much of this is becoming Mickey Mouse.

 

 

I believe it is because there are some USCIS sites do the oath administratively and others that do it judicially.  Name change requires a judge, so it may add time.  I wasn't actually referring to an actual court appearance, but rather the availability of a judge. 

 

This is typical of what I found: 

Quote

"Depending on where you live, the oath ceremony will either be administrative (conducted by USCIS officials) or judicial (conducted by a federal judge). If you are changing your name, your oath ceremony must be conducted by a judge. Some USCIS offices offer “same day” administrative oath ceremonies, where you can take the oath on the same day as your naturalization interview"

 

[Hank_ 9,174]

Obviously my wife had the one officiated by a judge,  and I didn't realize their were different types of oath ceremonies  ...   Just the same it didn't slow anything down for us, but then .. there wasn't this beer virus B_S.