Name change issues...

[bowens44 214]

My wife and I were married 5 years ago, shortly after that we went to the embassy to renew my wife's Philippines passport. We filed a Report of Marriage at the same time. She chose the option to change her middle name to her fathers last name. The new passport has the new name , her first name / her father's last name as the new middle name /and my last name.
When the we received the passport we updated her SS Number and Driver's license with the new name. So SS card , 10 year green card (turned in after naturalization) and driver's license all have the new middle name.
She just completed the naturalization process. The naturalization certificate has her old middle name. Per USCIS they had to use the name from the birth certificate.
I enquired about getting a legal name change and that apparently consists of filing paper work which is the sent to the Philippines to have her birth certificate changed (per our local clerk of courts) 
How did others handle this. I know the name change is very common for the Philippines.
Any guidance will be greatly appreciated.

The goal here is to have consistency.

 

Thanks
 

[Chancy 6,240]

13 minutes ago, bowens44 said:

The naturalization certificate has her old middle name. Per USCIS they had to use the name from the birth certificate.

 

Unfortunately, your wife was mislead by an employee ignorant of USCIS regulations.  Here's the relevant excerpt from the USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

For purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either (for example, hyphenated name, pre-married name or spouse’s surname). Requestors must submit legal documentation, such as that listed below, to show that the name used is the requestor’s legal name:

• Civil marriage certificate;
• Divorce decree;
• Family registry;
• Country identity document;
• Foreign birth certificate;
• Certificate of naming; or
• Court order.

 

That USCIS page also has a reference to the Department of State's Foreign Affairs Manual on "Acceptable Name Changes by Marriage" -- https://fam.state.gov/FAM/08FAM/08FAM040301.html

 

You may document a material name change if, on the application, the applicant:

(a)  Added the spouse's last name(s);

(b)  Added the spouse's last name(s) and dropped her/his current last name(s); or

(c)  Added the spouse's last name(s) and used her/his current last name as a middle name [...]

 

[bowens44 214]

15 minutes ago, Chancy said:

 

Unfortunately, your wife was mislead by an employee ignorant of USCIS regulations.  Here's the relevant excerpt from the USCIS policy manual -- https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

For purposes of requesting immigration benefits, a married person may use a legal married name (spouse’s surname), a legal pre-marriage name, or any form of either (for example, hyphenated name, pre-married name or spouse’s surname). Requestors must submit legal documentation, such as that listed below, to show that the name used is the requestor’s legal name:

• Civil marriage certificate;
• Divorce decree;
• Family registry;
• Country identity document;
• Foreign birth certificate;
• Certificate of naming; or
• Court order.

 

That USCIS page also has a reference to the Department of State's Foreign Affairs Manual on "Acceptable Name Changes by Marriage" -- https://fam.state.gov/FAM/08FAM/08FAM040301.html

 

You may document a material name change if, on the application, the applicant:

(a)  Added the spouse's last name(s);

(b)  Added the spouse's last name(s) and dropped her/his current last name(s); or

(c)  Added the spouse's last name(s) and used her/his current last name as a middle name [...]

 

Wow ! Thanks for the info   

[Hank_ 9,174]

44 minutes ago, bowens44 said:

My wife and I were married 5 years ago, shortly after that we went to the embassy to renew my wife's Philippines passport. We filed a Report of Marriage at the same time. She chose the option to change her middle name to her fathers last name. The new passport has the new name , her first name / her father's last name as the new middle name /and my last name.
When the we received the passport we updated her SS Number and Driver's license with the new name. So SS card , 10 year green card (turned in after naturalization) and driver's license all have the new middle name.
She just completed the naturalization process. The naturalization certificate has her old middle name. Per USCIS they had to use the name from the birth certificate.
I enquired about getting a legal name change and that apparently consists of filing paper work which is the sent to the Philippines to have her birth certificate changed (per our local clerk of courts) 
How did others handle this. I know the name change is very common for the Philippines.
Any guidance will be greatly appreciated.

The goal here is to have consistency.

 

Thanks
 

During naturalization your wife could have changed her name.  There is a process/form for this .. my wife did it at the court house during the naturalization ceremony process.  

 

  You missed the moment in time to do it the easy way.

 

https://www.uscis.gov/citizenship/learn-about-citizenship/commonly-asked-questions-about-the-naturalization-process

 

You can also legally change your name when you naturalize. The instructions to Form N-400, Application for Naturalization, include information on what is required when you wish to change your name at the time of naturalization. At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court before the judicial oath ceremony. Upon receipt of the petition, the court signs and seals the petition. The petition is later presented to you during the naturalization ceremony as evidence of the name change. 

All name change requests facilitated through USCIS will require you to take the oath of allegiance at a judicial ceremony, rather than an administrative one. As far as possible delays, USCIS has little control over the judicial ceremony calendar. However, most courts are very supportive in accommodating the need for naturalization ceremonies.

[Talako 778]

2 minutes ago, Hank_ said:

All name change requests facilitated through USCIS will require you to take the oath of allegiance at a judicial ceremony, rather than an administrative one. As far as possible delays, USCIS has little control over the judicial ceremony calendar. However, most courts are very supportive in accommodating the need for naturalization ceremonies.

There has been a change to that.  Here in San Antonio, they have administrative proceedings that include name changes now.

 

My wife had a morning citizenship interview in June where the new name was confirmed during the interview.  (She had the middle name problem as well.)  They do same day oath ceremonies, so she was told to come back 4.5 hours later.  She did the oath in the afternoon, and the certificate was in the new name.  Attached to the back of the certificate was a name change form signed and sealed by the court.  I'm not sure how they did that in a few hours.  The signature was E-signed, but it had a raised seal of the court.  E-signature approval with a clerk at the USCIS office with a seal?  I'm just guessing.

 

My point is that waiting for a judicial ceremony might not be required anymore depending on the office.   

[flicks1998 1,044]

This thread should be pinned to the Philippines section.  Almost all of us will have to deal with this at some point of time and its a situation unique to very few countries, meaning USCIS etc etc may not be well versed in this.

Edited August 4, 2021 by flicks1998

[bowens44 214]

30 minutes ago, Hank_ said:

During naturalization your wife could have changed her name.  There is a process/form for this .. my wife did it at the court house during the naturalization ceremony process.  

 

  You missed the moment in time to do it the easy way.

 

https://www.uscis.gov/citizenship/learn-about-citizenship/commonly-asked-questions-about-the-naturalization-process

 

You can also legally change your name when you naturalize. The instructions to Form N-400, Application for Naturalization, include information on what is required when you wish to change your name at the time of naturalization. At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court before the judicial oath ceremony. Upon receipt of the petition, the court signs and seals the petition. The petition is later presented to you during the naturalization ceremony as evidence of the name change. 

All name change requests facilitated through USCIS will require you to take the oath of allegiance at a judicial ceremony, rather than an administrative one. As far as possible delays, USCIS has little control over the judicial ceremony calendar. However, most courts are very supportive in accommodating the need for naturalization ceremonies.

Her name was already legally changed through the Report of Marriage to the Philippines. Her Philippines pass port has the new middle name. So we assumed it was already changed. The new middle name was also on her green card

[Chancy 6,240]

47 minutes ago, bowens44 said:

I enquired about getting a legal name change and that apparently consists of filing paper work which is the sent to the Philippines to have her birth certificate changed (per our local clerk of courts) 

 

No, a name change due to marriage is not a valid reason for PSA birth certificate annotation -- https://psa.gov.ph/civilregistration/problems-and-solutions/birth-certificate

 

2 minutes ago, bowens44 said:

Her name was already legally changed through the Report of Marriage to the Philippines. Her Philippines pass port has the new middle name. So we assumed it was already changed. The new middle name was also on her green card

 

Yes, that's the correct procedure for name change due to marriage to be recognized by the Philippines.

 

Unfortunately, you encountered a USCIS employee not aware of their own policy on name changes.  Your wife's case is even more surprising because USCIS already accepted the new name and printed it on her green card!  But now it's too late to change the name on the certificate of naturalization.

 

To legally change your wife's name in the US (again), she will now need to petition for name change through state court.  To change her legal name in the Philippines (again), she needs to reacquire her PH citizenship and apply for a new passport using her new name listed in the US name change court order.  Note that by law, her old PH passport was voided when she became a US citizen.

 

[Hank_ 9,174]

2 hours ago, bowens44 said:

Her name was already legally changed through the Report of Marriage to the Philippines. Her Philippines pass port has the new middle name. So we assumed it was already changed. The new middle name was also on her green card

Not the same thing as far as U.S.CI.S. is concerned.     My wife did ROM also, but to have her name officially changed in the USA she completed the process during naturalization .. if was free to do.

 

My wife had her married name on her green card, S.S. card and DL .. but wasn't exactly "legal" as she was informed by the staff at the naturalization ceremony, so they handed her a form to complete, the judge signed off on it and *poof* her name was legally changed. 

[Hank_ 9,174]

2 hours ago, Talako said:

There has been a change to that.  Here in San Antonio, they have administrative proceedings that include name changes now.

 

My wife had a morning citizenship interview in June where the new name was confirmed during the interview.  (She had the middle name problem as well.)  They do same day oath ceremonies, so she was told to come back 4.5 hours later.  She did the oath in the afternoon, and the certificate was in the new name.  Attached to the back of the certificate was a name change form signed and sealed by the court.  I'm not sure how they did that in a few hours.  The signature was E-signed, but it had a raised seal of the court.  E-signature approval with a clerk at the USCIS office with a seal?  I'm just guessing.

 

My point is that waiting for a judicial ceremony might not be required anymore depending on the office.   

That isn't my comment.  That is a quote from the USCIS website .. if the policy has changed USCIS should update their website.    

[bowens44 214]

6 minutes ago, Hank_ said:

Not the same thing as far as U.S.CI.S. is concerned.     My wife did ROM also, but to have her name officially changed in the USA she completed the process during naturalization .. if was free to do.

 

My wife had her married name on her green card, S.S. card and DL .. but wasn't exactly "legal" as she was informed by the staff at the naturalization ceremony, so they handed her a form to complete, the judge signed off on it and *poof* her name was legally changed. 

no idea where to go from here. Any suggestions?

[Hank_ 9,174]

2 minutes ago, bowens44 said:

no idea where to go from here. Any suggestions?

Check the requirements in your state for changing a name legally ... sometimes its simple, sometimes its "legal eagle" time.