Changing Last Name after Immigration of Spouse

[IsItLekker 183]

Hi guys!
 

I have no idea if anyone here knows the answer, but I am at a total loss. I have been trying to get my last name changed since my husband immigrated in October. I was able to get my name changed on my Social Security card and my voter registration. I can even get my name changed on my passport. However, when I went to change my name on my driver's license, I was informed that I had to take the marriage certificate to the clerk and recorders office in my county and register my marriage in the US as they couldn't accept my marriage certificate from abroad (Hong Kong). I went and had the marriage certificate recorded by the clerk in my county, and even received a certified copy of the document (noting the marriage). I went back and was told once more that they cannot accept the document. The DMV will not accept the foreign marriage certificate, so... what do I do from here? The US recognizes our marriage, but the state does not. My social security number is no longer tied to the name that is on my photo ID. Do I need to get remarried in the US? Is that even a thing? Any advice would be greatly appreciated.

[randy32 165]

I suggest you try a different DMV office. Someone somewhere would know what to do.

 

This will get complicated fast if states don't accept foreign marriage certificates.

[Timona 4,207]

What state are you in?

[Ontarkie 14,225]

Seems someone there does not know what they are talking about. Go to another place or back there and ask for a supervisor. If your marriage certificate was good enough to update your SSN and passport then it's good enough for the DMV.

Edited April 18, 2021 by Ontarkie

[Ontarkie 14,225]

~~Moved to Moving Here and Your New Life, from General Immigration Discussion.~~

[IsItLekker 183]

2 hours ago, Timona said:

What state are you in?

I am in Colorado unfortunately. I seriously had no idea this was even a thing. It wasn't until my second trip to the DMV and a heated argument with the supervisor that I finally went online and found this. https://dmv.colorado.gov/change-your-name-your-credential It clearly states that foreign marriage certificates are not accepted in the state. The frustration for me was that it never even occurred for me to google this specific thing since it has been accepted by all other government agencies. We even had it apostilled by the high court in HK to try and avoid all problems with being able to identify the document. On all the forms and explanations I found for Colorado, it never mentioned foreign certificates being an issue even once. Only this one page. I tried calling local Clerk and Recorders in other counties and nobody seems to know what to do. They all suggested I just file for a marriage license and get married again.

[aaron2020 11,651]

3 hours ago, IsItLekker said:

Hi guys!
 

I have no idea if anyone here knows the answer, but I am at a total loss. I have been trying to get my last name changed since my husband immigrated in October. I was able to get my name changed on my Social Security card and my voter registration. I can even get my name changed on my passport. However, when I went to change my name on my driver's license, I was informed that I had to take the marriage certificate to the clerk and recorders office in my county and register my marriage in the US as they couldn't accept my marriage certificate from abroad (Hong Kong). I went and had the marriage certificate recorded by the clerk in my county, and even received a certified copy of the document (noting the marriage). I went back and was told once more that they cannot accept the document. The DMV will not accept the foreign marriage certificate, so... what do I do from here? The US recognizes our marriage, but the state does not. My social security number is no longer tied to the name that is on my photo ID. Do I need to get remarried in the US? Is that even a thing? Any advice would be greatly appreciated.

You are mixing up between 1) your marriage being legal and 2) CO DMV accepting your marriage certificate as a basis for a legal name change.  The State of Colorado recognizes your marriage.  The Colorado DMV is not recognizing you've legally changed your name.

 

You can not get "remarried" in the US because it's not a thing.  You are already married; that's why your husband was able to immigrate to the US as the spouse of a US citizen.  

Try using your US passport to get your name changed.  Try going to another DMV office.  

[randy32 165]

Seems that the only way I see to change your name by this stupidity is by court order.

[Nitas_man 3,100]

8 hours ago, IsItLekker said:

I am in Colorado unfortunately. I seriously had no idea this was even a thing. It wasn't until my second trip to the DMV and a heated argument with the supervisor that I finally went online and found this. https://dmv.colorado.gov/change-your-name-your-credential It clearly states that foreign marriage certificates are not accepted in the state. The frustration for me was that it never even occurred for me to google this specific thing since it has been accepted by all other government agencies. We even had it apostilled by the high court in HK to try and avoid all problems with being able to identify the document. On all the forms and explanations I found for Colorado, it never mentioned foreign certificates being an issue even once. Only this one page. I tried calling local Clerk and Recorders in other counties and nobody seems to know what to do. They all suggested I just file for a marriage license and get married again.

https://dmv.colorado.gov/change-your-name-your-credential
 

Sez:  “Foreign marriage certificates are not recognized in Colorado”

 

Just wow

 

 

[SteveInBostonI130 3,454]

10 hours ago, IsItLekker said:

I am in Colorado unfortunately. I seriously had no idea this was even a thing. It wasn't until my second trip to the DMV and a heated argument with the supervisor that I finally went online and found this. https://dmv.colorado.gov/change-your-name-your-credential It clearly states that foreign marriage certificates are not accepted in the state. The frustration for me was that it never even occurred for me to google this specific thing since it has been accepted by all other government agencies. We even had it apostilled by the high court in HK to try and avoid all problems with being able to identify the document. On all the forms and explanations I found for Colorado, it never mentioned foreign certificates being an issue even once. Only this one page. I tried calling local Clerk and Recorders in other counties and nobody seems to know what to do. They all suggested I just file for a marriage license and get married again.

 

This is a weird case.  

 

Just a thought - can you get a NEW colorado DL with just your US passport (showing your new name), your SSN card and proof of address?

 

https://dmv.stg.colorado.gov/sites/dmv/files/DR2300A.pdf

 

[Mike E 11,739]

So get re-married in Colorado.  Illegal in every other state, but apparently legal in Colorado.  
 

TIL polygamy is legal in Colorado.  
 

https://clerkandrecorder.elpasoco.com/recording/marriage-licenses/#1512406699463-756b36b2-75de

well not in El Paso county 

 

but the implication is you can re-marry in El Paso county.  

 

Edited April 18, 2021 by Mike E

[Nitas_man 3,100]

1 hour ago, SteveInBostonI130 said:

 

This is a weird case.  

 

Just a thought - can you get a NEW colorado DL with just your US passport (showing your new name), your SSN card and proof of address?

 

https://dmv.stg.colorado.gov/sites/dmv/files/DR2300A.pdf

 

Bring a name changed passport / SS card and they have to issue it in the new name.  REAL ID rules.

 

As it seems spelled out this is a Hague violation, the US is a Hague member, and Colorado unfortunately cannot choose to invalidate a legally recognized marriage from somewhere else nor can Colorado over-rule a USCIS recognized legal marriage.

Edited April 18, 2021 by Nitas_man

[Villanelle 4,122]

15 hours ago, IsItLekker said:

Hi guys!
 

I have no idea if anyone here knows the answer, but I am at a total loss. I have been trying to get my last name changed since my husband immigrated in October. I was able to get my name changed on my Social Security card and my voter registration. I can even get my name changed on my passport. However, when I went to change my name on my driver's license, I was informed that I had to take the marriage certificate to the clerk and recorders office in my county and register my marriage in the US as they couldn't accept my marriage certificate from abroad (Hong Kong). I went and had the marriage certificate recorded by the clerk in my county, and even received a certified copy of the document (noting the marriage). I went back and was told once more that they cannot accept the document. The DMV will not accept the foreign marriage certificate, so... what do I do from here? The US recognizes our marriage, but the state does not. My social security number is no longer tied to the name that is on my photo ID. Do I need to get remarried in the US? Is that even a thing? Any advice would be greatly appreciated.

 

For a Real ID - https://dmv.stg.colorado.gov/sites/dmv/files/DR2300A.pdf. You should be able to use passport under step 1, SS card as step 2, and whatever you have for step 3. In itself that appears to be enough to issue you the DL in your married name. But step 4 may be where they give you a hard time because you currently have a DL with another name, so you would need to do step 4- a court ordered name change. 

 

Typically that costs 200$ or less and is a rather quick process. You go down to the clerk and fill out a name change form, it gets published various places, and then the Judge will approve the name change. You are then issued a legal name change document which can be used at DMV/SSA/passports etc, although all you really need it for is DMV it seems.... https://www.courts.state.co.us/Forms/PDF/JDF 432 Instructions for Name Change - Adult.pdf Please make sure when applying for the name change this way they understand it is being done because you have a foreign marriage certificate- if you did not have a foreign marriage certificate then you wouldnt need to change your name this way- since you do- you do. You may be told at first you dont need to do this- again explain that you do as you have a foreign marriage certificate. 

[IsItLekker 183]

Thank you so much for all of the replies you guys! I really appreciate everyone taking the time to answer. I honestly thought it was just going to fall through the cracks. 😅

So I have continued to reach out, per some of the advice on this thread. Unfortunately, I did not send off to get my passport yet as it required my original marriage certificate and I thought I needed it for the DMV (bummer). If it was a matter of just changing it whenever, I'd go ahead and apply for the passport and deal with the license later, but since my name is already changed federally, I am on a deadline in the state of Colorado to inform them of my name change (within 30 days). That is why I have been in a bit of a panic... that deadline is in less than a week. 

So far, I have sought 2 avenues proposed here. Remarrying in state and court ordered name change.

Remarrying appears to be the fastest method, but I still question the legality of it all. It will officially solemnize our marriage in the state from the date we sign the license, but it supposedly will acknowledge we were previously married.

Court ordered name change seems to also be an option, however since it must be performed in the county where I live, I am less than thrilled with this option as they had no idea what to do when I called them. I was told to consult an attorney. Also, I must submit to finger printing and background checks which could taken a few weeks before I can even apply. 

I contacted the Colorado Attorney General's office and they gave me a canned response about calling my county and asking them for the process to record the marriage (...I have already done this and the result was still rejected by the DMV, probably due to the fact my county has no idea what is going on). However, he did provide me with an email for Vital Records for the state, so I have contacted them to see if they can explain it to me, so that I may in turn explain it to my county clerk and recorder. 

I've determined the word register, record, and certify mean different things to different people. None of the offices are on the same page here. I'll keep you guys updated if I hear anything else, if for no other reason than that there will be an answer to this clusterf**k for anyone else going through this insane process in the future. 

[TBoneTX 45,299]

Try involving your state Senator or representative (state, not U.S.).

They might even spearhead bills in Colorado to correct this anomaly.