I-751/N-400 with name change

[TastyCake 232]

I've got a question for the board.  If anyone has had specific prior experience with this, or a mod with some knowledge or background on this topic, I would appreciate any guidance you can offer.

 

Our I-751 is going down the road at 'turtle' speed so we are likely to submit the N-400 in two months to see if that speeds things up <insert your laughter here>.

 

We have an interesting situation.  When my wife moved from her country of birth to the country of her current citizenship decades ago, there was a translation peculiarity (it wasn't a mistake, it was done on purpose, it's just how the translation was happening at the time) and they added a letter to the beginning of her first name.  My wife didn't like this one bit but was a very young woman at the time and didn't press the issue and lived with this peculiarity.  Fast forward to now she's been steadfast in her desire to correct the first name to the one of her original birth here in America.

 

We have two options:

 

1)  On the N-400 there is a section where you can change your name.  Assuming the USCIS approves the change (I can't see why not), when my wife passes the citizenship process we would have to wait for a judicial oath ceremony rather than an admin oath ceremony.  My understanding is admin oath ceremonies happen at a much greater frequency.  Going the route of a judicial oath ceremony would likely take longer but I don't know how much longer.  I shudder at another 12 month wait over one flipping letter in her first name

 

2)  Get her name changed in a court locally and then send the appropriate documentation to the USCIS after the N-400 has been received.  The issue with this is, for a time, she will have a legal name different from what is on her green card... i.e. until the naturalization process is complete

 

For those with prior experience, background or knowledge, what do you think is the better option?  I prefer #1 (not sure why, I just do) but am not sure about the frequency of oath ceremonies.  This is already taking long enough.  I mean if it tacks on 2-3 months max then I will do #1 all the way.  If it could take a ridiculously long time, suddenly #1 doesn't seem so appealing.  Thanks in advance.

[Family 3,988]

37 minutes ago, TastyCake said:

1)  On the N-400 there is a section where you can change your name.  Assuming the USCIS approves the change (I can't see why not), when my wife passes the citizenship process we would have to wait for a judicial oath ceremony

Option 1 is the way to avoid additional court cost for a name change and skip an unnecessary hurdle. USCIS will approve any / all name change requests so no concerns there. 

Judicial Oath Ceremony after your interview should not take more than 3 months , per link below they have them weekly. 
Hopefully someone with recent experience can respond. 

 

https://www.mad.uscourts.gov/general/immigration.htm

[TastyCake 232]

5 minutes ago, Family said:

Option 1 is the way to avoid additional court cost for a name change and skip an unnecessary hurdle. USCIS will approve any / all name change requests so no concerns there. 

Judicial Oath Ceremony after your interview should not take more than 3 months , per link below they have them weekly. 
Hopefully someone with recent experience can respond. 

 

https://www.mad.uscourts.gov/general/immigration.htm

Bravo, Maestro.  Thank you for the link to the district court in Massachusetts.  This is fabulous news and I appreciate your quick and detailed response.  With your response in mind, #1 is the way we will go.  🙂

[stephbd 91]

@Family @TastyCake I am in a somewhat similar situation…

 

I still use my maiden last name and I don’t have a middle name. When applying for N400, I intend to have my maiden name as a middle name and take my spouse’s last name.

 

Since it’s not a first name change, would I still need to attend a judicial oath ceremony?

 

*PS: I’m currently waiting for ROC.

Edited August 10, 2022 by stephbd

[TastyCake 232]

1 hour ago, stephbd said:

@Family @TastyCake 

Since it’s not a first name change, would I still need to attend a judicial oath ceremony?

I believe any name change will require a judicial oath ceremony.

[Family 3,988]

1 hour ago, stephbd said:

still use my maiden last name and I don’t have a middle name. When applying for N400, I intend to have my maiden name as a middle name and take my spouse’s last name.

 

Since it’s not a first name change, would I still need to attend a judicial oath ceremony?

 

More than likely no judicial oath, since the combo you picked is marriage related ..most people have no trouble using that change right from date of marriage. ( w banks, credit , SS. Etc) 

Good Luck 

[TastyCake 232]

2 minutes ago, Family said:

More than likely no judicial oath, since the combo you picked is marriage related ..most people have no trouble using that change right from date of marriage. ( w banks, credit , SS. Etc) 

Good Luck 

I'll believe Family over me.

[stephbd 91]

2 minutes ago, Family said:

More than likely no judicial oath, since the combo you picked is marriage related ..most people have no trouble using that change right from date of marriage. ( w banks, credit , SS. Etc) 

Good Luck 

 

5 minutes ago, TastyCake said:

I believe any name change will require a judicial oath ceremony.

Thank you both for your input! If anyone with personal experience sees this thread, I welcome your input as well 😉

[Mike E 11,739]

3 hours ago, TastyCake said:

2)  Get her name changed in a court locally and then send the appropriate documentation to the USCIS after the N-400 has been received.

This isn’t an option IMHO.  

3 hours ago, TastyCake said:

 

  The issue with this is, for a time, she will have a legal name different from what is on her green card... i.e. until the naturalization process is complete

 

Wait until she has naturalized with naturalization certificate in hand and then do the name change with the local court.  

[arken 4,197]

N400 filing is the best time to change one's name. If she is determined to change her name, do it when filing N400. While there may be some wait for judicial oath ceremony, it will me much smoother. Why to go through the hassle of local court process when you can do it smoothly during N400.

 

 

[Scandi 4,166]

3 hours ago, stephbd said:

@Family @TastyCake I am in a somewhat similar situation…

 

I still use my maiden last name and I don’t have a middle name. When applying for N400, I intend to have my maiden name as a middle name and take my spouse’s last name.

 

Since it’s not a first name change, would I still need to attend a judicial oath ceremony?

 

*PS: I’m currently waiting for ROC.

I don't know if you'll have a judicial ceremony or not, but it's likely since you're not only changing your last name but also your second/middle name.

 

With that said - a judicial ceremony isn't always required when you change your name, that depends on your field office. Many of us had name changes with our N-400 but didn't have a judicial ceremony. A judge has to approve the actual name change, USCIS doesn't change anybody's name, but once the name change is approved and signed by a judge you can have a regular ceremony in the USCIS building (again, depending on how your particular field office handles name changes). 

 

I had my ceremony in Los Angeles four business days after my interview, had a name change and there was no judge present at the oath. Just a standard, regular oath ceremony. The name change document (form N-662) was stapled to the naturalization certificate that we received after the ceremony. 

[TastyCake 232]

3 minutes ago, Scandi said:

I don't know if you'll have a judicial ceremony or not, but it's likely since you're not only changing your last name but also your second/middle name.

 

With that said - a judicial ceremony isn't always required when you change your name, that depends on your field office. Many of us had name changes with our N-400 but didn't have a judicial ceremony. A judge has to approve the actual name change, USCIS doesn't change anybody's name, but once the name change is approved and signed by a judge you can have a regular ceremony in the USCIS building (again, depending on how your particular field office handles name changes). 

 

I had my ceremony in Los Angeles four business days after my interview, had a name change and there was no judge present at the oath. Just a standard, regular oath ceremony. The name change document (form N-662) was stapled to the naturalization certificate that we received after the ceremony. 

N-662 form?  I thought there was a section on the N-400 that you fill out if you want a name change.

[Scandi 4,166]

53 minutes ago, TastyCake said:

N-662 form?  I thought there was a section on the N-400 that you fill out if you want a name change.

Yes, but after the ceremony you receive proof of your name change, a name change document signed by a judge. The part about name change on the N-400 is just a name change request, not an approved name change. 

Edited August 11, 2022 by Scandi