USC changing name while in the UK

[MargotDarko 0]

Hello again! I've been googling and looking at different gov't websites, but I still can't get my head around this one. My husband and I married last September in Michigan and then I returned to the UK with him on a UK spousal visa. We're staying in the UK until at least January of next year.

At the time, I signed the marriage certificate with my maiden name even though I eventually wanted to take on my husband's last name. I believed at the time it would be easier to sign with my maiden name and not have to worry about trying to get my UK visa changed (it had to be issued in the name in my passport).

Now, I'm wondering if that was a mistake. It seems that I may not be able to use the marriage certificate as a document for changing my name on things like my passport, SSN card, etc. and that I may have to have a state court order document before being able to do any of those things. But I want to do as much as I can now from the UK and during my visit to Michigan this November to change my name so that when we move to Michigan early next year I can get a job with my new name and sign the lease with the new name, etc.

Does anyone know if the US embassy will accept my marriage certificate signed with my old name but showing my husband's name that I want to take and allow me to gain a new passport with the new name I want?

I'm planning to call the embassy and ask before actually sending anything off, but since I've been thinking about it a lot and because it's hard to call from work during business hours, I thought someone here might happen to know or know where to look for the answer. Thanks!

Edited July 14, 2007 by MargotDarko

[elmcitymaven 9,712]

I don't see why that would be a problem. You can't sign your marriage license using your "new" name anyway -- when you enter the contract, you are doing so as Miss X. You only become Mrs Y after the contract has been performed -- i.e. after the ceremony, when the officiant has signed the document. When I went to the Embassy to get my old new name (from my maiden name to my ex's), all I had to show was the marriage certificate which was most certainly signed in my maiden name. I haven't changed to my new new name on my passport yet, but I don't see why this would have changed over time.

Who told you you couldn't use it as documentary evidence? Women are given the privilege of not having to go to court to get their name changed to their husband's; they only need the marriage certificate. Have you looked at the instructions on the Embassy website for getting a new visa?

Don't waste your money on the extortion line! You're on the right track.

[Candace 2]

Hi, it's not exactly the same situation actually the other way around as I am the UK citizen, but in order to get a new passport in my married name all I needed was the notarised copy of my marriage certificate from WA, and this copy I had signed in my maiden name. When we got married we signed two documents, one in the maiden name and the JP told me to sign the second in the name I wanted to go by. However, this second document is the certificate which we have in a frame, not the one I have used for any of my immigration stuff.

I did have a scoot around to see if I could find a thread I seem to remember where a wife had to get her name changed in court but my memory is fuzzy (and I promise it's not the wine!) and I can't find it.

Good luck!

[MargotDarko 0]

Thanks for the replies! I think it was the minister at our wedding actually who told me to sign the license on the day with my new last name so that the certificate would show my new last name. And plus I'm good at creating imaginary problems for myself!

Yep, I've seen the instructions on the embassy website for passport renewal. I got the impression (from the minister I believe) that women who wanted to change their name signed with their new name so I got all mixed up.

Now I just have to get US style passport photos! I think I might figure out a way to do it on my business trip to D.C./Chicago next month so that I don't have to pay more or go out of my way here for them.

[C and J 1]

I don't know if it is correct or not, but the lovely judge who performed our marriage ceremony stated to me before I signed the papers, that if I wanted to change my name using this form, that I MUST sign with my new name. Otherwise it is not binding (the exact phrasing is lost on me as I was all nervous from the ceremony, but that is the general gyst).

As I said, I don't know if it is true but that is what I was told, and as I took my husbands name at the wedding I preferred to be safe than sorry.

[elmcitymaven 9,712]

Hmmm...I wonder if my experience has to do with the fact that both my marriages took place in the US -- Vermont and Connecticut, to be exact. However, I seem to recall that when you sign the register as a bride in England and Wales (at least -- I'm not Scots or Northern Irish solicitor!), you do so in your capacity as a "spinster" (how quaint), i.e. using your maiden name. A little digging around on the internets shows that this is the law at least for England and Wales. Perhaps in some US states the law is different?

Maybe I'm just coming over all lawyer-y here, but to me it seems that the marriage contract creates the "Mr and Mrs" -- you are not Mrs Y until that contract has been executed and witnessed. You do not have the capacity to execute the contract as Mrs Y because you are still Miss X at the time of signing.

But then of course, as I said, my legal training ends at the borders of England and Wales, and my knowledge of US matrimonial law is next to nothing!

[MargotDarko 0]

I found this link that says for the county I married in (Washtenaw County) I was supposed to sign with my "new" name, but that for name changing purposes it shouldn't actually matter. Here's hoping the info is reliable!

http://cc.msnscache.com/cache.aspx?q=82898...&FORM=CVRE9

[elmcitymaven 9,712]

I found this link that says for the county I married in (Washtenaw County) I was supposed to sign with my "new" name, but that for name changing purposes it shouldn't actually matter. Here's hoping the info is reliable!

http://cc.msnscache.com/cache.aspx?q=82898...&FORM=CVRE9

Wow, Michigan matrimonial law on this topic is most certainly not consistent! I'm such a dork, I just found all of that really interesting... I think the relevant paragraph is this:

"The fact of the matter is, the marriage certificate does not have any legal bearing on one's name. It cannot and does not legally change a name. That is only done (for the bride) by displaying a copy of the marriage certificate to the Social Security Administration and the Secretary of State's Office (driver's license), etc. The marriage certificate will simply show that the woman has indeed married a man with the name she wants to use legally."

[MargotDarko 0]

I found this link that says for the county I married in (Washtenaw County) I was supposed to sign with my "new" name, but that for name changing purposes it shouldn't actually matter. Here's hoping the info is reliable!

http://cc.msnscache.com/cache.aspx?q=82898...&FORM=CVRE9

Wow, Michigan matrimonial law on this topic is most certainly not consistent! I'm such a dork, I just found all of that really interesting... I think the relevant paragraph is this:

"The fact of the matter is, the marriage certificate does not have any legal bearing on one's name. It cannot and does not legally change a name. That is only done (for the bride) by displaying a copy of the marriage certificate to the Social Security Administration and the Secretary of State's Office (driver's license), etc. The marriage certificate will simply show that the woman has indeed married a man with the name she wants to use legally."

Hehe - it is kind of interesting.

Yep, I think that's the most relevant paragraph too. I'm going to try to not think about it now until my trip to the states in November. I was going to try to get my passport changed before then, but I was forgetting about needing US sized pictures for that, and it's much easier and cheaper to get those when I'm visiting my parents in Michigan. I'll have a go at changing my SSN card and my driver's license in November too.

[elmcitymaven 9,712]

It seems from that article that even the clerks don't know what is supposed to be done half the time when it comes to what name to sign... Don't sweat it, especially as this is a passport application we're talking about here. Do you think the DoS is going to find Michigan matrimonial law as interesting as we do? No way! They won't be checking up on which name you were supposed to sign in your county. They'll say, "Oh, marriage certificate, check" and issue you a new one as long as you pay the fee and send them the infamous 2"x2" pics!

I reckon the Social Security card will be the same. The only place anyone might have an issue is the DMV because (1) it'll be in Michigan where theoretically they could know what the law is and (2) it's the DMV -- they are a pain in the backside no matter where you are! In that case, bring the certificate and your "new" passport to back you up.

You'll be absolutely fine, I swear!

[MargotDarko 0]

It seems from that article that even the clerks don't know what is supposed to be done half the time when it comes to what name to sign... Don't sweat it, especially as this is a passport application we're talking about here. Do you think the DoS is going to find Michigan matrimonial law as interesting as we do? No way! They won't be checking up on which name you were supposed to sign in your county. They'll say, "Oh, marriage certificate, check" and issue you a new one as long as you pay the fee and send them the infamous 2"x2" pics!

I reckon the Social Security card will be the same. The only place anyone might have an issue is the DMV because (1) it'll be in Michigan where theoretically they could know what the law is and (2) it's the DMV -- they are a pain in the backside no matter where you are! In that case, bring the certificate and your "new" passport to back you up.

You'll be absolutely fine, I swear!

You're right about the DMV being a pain no matter where you are. I'm sure it will be sorted eventually. The most important thing for me will be the new passport and new SSN card so that I can change all my accounts and apply for a lease and employment with my new name.

Thanks for the support.

[no name 1]

Margot-

I don't know about doing it thru the London embassy (if it's quicker) but the backlog in AMerica for passports is over 3 months. Even if you expedite. Check that before you surrender yours!

[MargotDarko 0]

Margot-

I don't know about doing it thru the London embassy (if it's quicker) but the backlog in AMerica for passports is over 3 months. Even if you expedite. Check that before you surrender yours!

Thanks for the warning. The embassy page says it's supposed to take 15 business days, but I'll be sure to confirm that before actually sending off my passport.

[Lansbury 19]

Well following this discussion I decided to see which way my wife should have sign ours.

What I did find out is the document we thought was our wedding certificate is not that at all, it is just a decorative ceremonial form and it not an official document at all.

So far it has been used to change the name on my wife's US passport and Oregon driving licence. More importantly it was accepted with out question in support of our I-130 by the Embassy in London, and when I went for my visa interview.

Which just goes to show how well these forms are checked and just how little the people checking them understand what is authentic and what isn't. Makes you wonder if anybody has produced their own "evidence" on a home computer.

Oh and by the way she signed it in her new name.