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h.linds

Name change evidence

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Hi all,

I have a question related to “Name change”.

 

I’m a Vietnamese with the common problem of incorrect name order. My middle name + first name has been changed into my first name (current legal name) on Green card and SSN. Despite my attempts to correct the name order, it never got fixed. It took so much time (the USCIS informed me it would take from 6 months to 01 year to replace the GC at the time), while I needed to start working right away to support family and couldn’t do it without legal paperwork. Therefore, I took the common advice to put it asides and plan to request name change when filing for naturalization. However, the problem is I was a J-1 student, married my American husband then left the US for a few years before coming back as a legal permanent resident. My name when I was a J-1 student was in correct American/English order. It was also the name on my kid’s CBRA and marriage license, which is now different from my current legal name.

When filing the N-400 online I am being asked by the system to provide evidence of my name change. I have never legally changed my name. The USCIS and the US Consular in Vietnam changed my name order despites my desperate attempts to fix it. ( I have a trail of written communications back then with NVC, the US Consular and the USCIS). On my very same passport, my US visas prior to 2016 have my correct English name order, while the immigrant visa is the one with the incorrect order. Should I use my visas and the past communications records as evidence for my name (being) changed?

 

Would be so thankful if someone in the same boat could give me some advice.🙏

Edited by h.linds
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Filed: Citizen (apr) Country: Myanmar
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I see two viable options:

 

1. Ask for a new name in your N-400.  You have that right.  Pro: no extra cost.  Con: it can delay your oath by months perhaps a year or more, because a judge has to administer the oath and worse sometimes an accompanying name change document is not provided at oath and you have to chase down.  
 

2. Naturalize, take oath with your current name, and then file for a name change in State court: Pro: keeps naturalization simple, and you can take your time getting your passport, passport card, SSA record updated.  Con: costs more money. 

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Filed: K-1 Visa Country: Vietnam
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Use your GC/SSN name and don't worry about it. My wife had the same issue and the only time it caused an issue was in a VN airport when her airline ticket name didn't match her travel docs. The airline took care of the issue. You are over-thinking it. The problem is very common in the U.S. and generally does not cause a problem. Just make sure your travel tickets match travel docs.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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On 3/18/2022 at 7:18 PM, Mike E said:

I see two viable options:

 

1. Ask for a new name in your N-400.  You have that right.  Pro: no extra cost.  Con: it can delay your oath by months perhaps a year or more, because a judge has to administer the oath and worse sometimes an accompanying name change document is not provided at oath and you have to chase down.  
 

2. Naturalize, take oath with your current name, and then file for a name change in State court: Pro: keeps naturalization simple, and you can take your time getting your passport, passport card, SSA record updated.  Con: costs more money. 

Many thanks, Mike! You're always very helpful. I've already applied to fix my name in the N-400. It might take a little bit more time but I'd love to have my proper name back. It was butchered beyond recognition. 

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Filed: IR-1/CR-1 Visa Country: Vietnam
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23 hours ago, WandY said:

Use your GC/SSN name and don't worry about it. My wife had the same issue and the only time it caused an issue was in a VN airport when her airline ticket name didn't match her travel docs. The airline took care of the issue. You are over-thinking it. The problem is very common in the U.S. and generally does not cause a problem. Just make sure your travel tickets match travel docs.

Thanks WandY! I've decided to fix my name order to keep my life(my paperwork) consistent. Your wife might be fine because she didn't have a history in the US prior to 2016 (that's when the US Consular decided to change the Vietnamese name order). I have had lots of troubles due to this issue. My local DMV refused to let me sit for the driver license test at least 3 times due to my different name orders on the very same system...

Edited by h.linds
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Filed: Citizen (apr) Country: Myanmar
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30 minutes ago, h.linds said:

Many thanks, Mike! You're always very helpful. I've already applied to fix my name in the N-400. It might take a little bit more time but I'd love to have my proper name back. It was butchered beyond recognition. 

1. Do you have a social security card today that is NOT annotated with “… DHS …”?

 

2. How many years are left in your drivers license? 
 

Assuming the answer to 1 is no, and the answer to 2 is 3 or more years this is viable provided you don’t change jobs OR if you do,  the new employer does not dine-verify 

Edited by Mike E
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