"What is your current legal name?" If your birth certificate doesn't match the name on your green card, which name should you use?

[thanhmakeysother 1]

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What is your current legal name?
Your current legal name is the name on your birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here.

This question seems like it should be straight forward, but I wanted to check on something:

If your birth certificate doesn't match the name on your green card, which name should you use?

 

My wife is Vietnamese, and has four names. On her Vietnamese passport, her name is listed in reverse order: Surname MiddleTwo MiddleOne First

But on her green card, her name is listed as MiddleTwo M Surname. (The M is an abbreviation of MiddleOne.)

 

So I am guessing we should just do what the question says and enter in the birth certificate name. 

Given Name: First

Middle Name: MiddleTwo MiddleOne (or should it be MiddleOne MiddleTwo)?

Family Name: Surname

 

But since in the USA, her legal name is actually now MiddleTwo M Surname, will there be an issue here? 

Legal name meaning it's the name on her green card, her SSN, et al, and as such her bank accounts, her employers, her tax records all have this name.

 

I think I know the answer.: Just fill it out based on the birth certificate and USCIS deals with this often enough that it shouldn't be an issue.

Just looking for confirmation to proceed with confidence. 

[Mike E 11,739]

Her gc name is her legal name in the USA now. 
 

How State or USCIS allowed her visa, gc, and birth name to diverge is beyond me.  
 

If she ever plans to petition a relative for an immigration benefit she should clean this up. 

[thanhmakeysother 1]

So, you're saying we should ignore the instructions here, and put her green card name instead?

This is not the answer I was expecting. Does anyone else have any input?

Your current legal name is the name on your birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here.

Edited January 31, 2023 by thanhmakeysother

[Mike E 11,739]

6 minutes ago, thanhmakeysother said:

So, you're saying we should ignore the instructions here, and put her green card name instead?

Your current legal name is the name on your birth certificate, unless it changed after birth by a legal action such as marriage or court order. Do not provide any nicknames here.

Consider the implications of following that instruction to the letter.  
 

I think that instruction was written assuming:

 

* DoS and/or USCIS would not issue an immigration visa or green card with a name that did not match both her birth certificate (or marriage certificate) and foreign passport. 
 

* names in green cards are sometimes truncated or abbreviated due to lack of space.  
 

If she enters her birth name, then when she attends her interview and oath:

 

* how will she prove she is the person listed on her birth certificate?

 

* if she manages to get a naturalization certificate in her birth name, what legal change of name document will she present to SSA, DMV, and the passport agency?

 

Clearly State and/or USCIS dropped the ball here, and that’s putting it mildly.  

 

Two choices: clean it up or accept that her green card name is her legal name. 

[thanhmakeysother 1]

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* how will she prove she is the person listed on her birth certificate?

Her Vietnamese passport says the name on her birth certificate. Besides, I really doubt that USCIS will approve the petition if the name is not "correct" anyway. I just need to know what "correct" is, in this context. 

 

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* if she manages to get a naturalization certificate in her birth name, what legal change of name document will she present to SSA, DMV, and the passport agency?

The N-400 offers a name change opportunity, which she will take in an effort to "clean this up". There must be documentation provided in this process because otherwise others would not be able to take advantage of it either.

 

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Two choices: clean it up or accept that her green card name is her legal name. 

It's impossible to clean up at this point. I've tried. There is zero avenue for getting this fixed. 

 

And I don't really care what her legal name is right now. We just need to know what to put on the form.

(We will change her name in the N-400 to her preference anyway.)

 

Would love to hear from anyone else if they have any advice on this. 

[thanhmakeysother 1]

I did just call them up. (wow did I just get lucky, I got in touch with an agent in 2 minutes.)

 

They suggested to use the green card name. 

[Mike E 11,739]

19 minutes ago, thanhmakeysother said:

The N-400 offers a name change opportunity, which she will take in an effort to "clean this up". There must be documentation provided in this process because otherwise others would not be able to take advantage of it either

N-400 name changes are rarely straightforward 

[thanhmakeysother 1]

8 minutes ago, Mike E said:

N-400 name changes are rarely straightforward 

Would you care to elaborate?

 

 

[Timona 4,207]

52 minutes ago, Mike E said:

How State or USCIS allowed her visa, gc, and birth name to diverge is beyond me.  

Seems to me someone mixed the named.

 

OP..I don't see how USCIS mixed and axed her first name. I have 4 names too. They never got mixed. So, you need to straighten this out.

 

And her first middle name comes before her second. Don't reverse the order. 

 

If I were you, I'd put first name, two middle names and then last name...

[Timona 4,207]

2 minutes ago, thanhmakeysother said:

Would you care to elaborate?

Your name mixup will cause a lit if issues at N400.

 

A name change like filing N400 after divorce is understandable. That is, dropping married name to go back to maiden. This is understandable. 

 

A name rectification because you decided to switch order of names/ annex a first name like in your case calls for scrutiny. Someone must have put the wrong order when your papers were filed. No way USCIS decided to give you a new name.

You need to get this fixed now before N400/ I-751.

 

File I-90. 

[Timona 4,207]

And Yes, since she's in US, her current legal name is the one on her GC. However, you already know it's the wrong one. So, you need to fix this ship before it completely sinks

[Mike E 11,739]

10 minutes ago, thanhmakeysother said:

Would you care to elaborate?

 

 

1. They require a federal  judge to administer the oath. As there just 870 of these people (per a Google search), judicial oath ceremonies are rare and so the process will take longer. 
 

2. You require a lawful change of name document.  Whether it is USCIS or the court system, these documents are sometimes not provided at oath.  Without this document you are U.S. citizen and and a non person. 

[CMJuilland 485]

I agree with everybody else here. In order for her not to embark on a nightmare journey, I’d get this fixed now. While I don’t have personal experience, I know that there is a way to fix a misspelled name via I-90, so I don’t see why you shouldn’t be able to correct the wrong name order that way. 

I know any additional dealing with USCIS is a hassle, and I understand that it’s hard to give up an already issued GC, but I for ease of life, peace of mind, and just for the sake of having my own name with proper documentation, I would deem it worth it. 

Best of luck to you and your wife! 

[Bob in Boston 701]

19 hours ago, thanhmakeysother said:

This question seems like it should be straight forward, but I wanted to check on something:

If your birth certificate doesn't match the name on your green card, which name should you use?

We used her married name First Middle and Married name. Marriage Cert lets you change her last name to marriage name. Her Green card had her maiden name. No Problems. Just be sure to list her other names in the section asking for it.

[trucphong 24]

On 1/31/2023 at 8:58 AM, Timona said:

Your name mixup will cause a lit if issues at N400.

 

A name change like filing N400 after divorce is understandable. That is, dropping married name to go back to maiden. This is understandable. 

 

A name rectification because you decided to switch order of names/ annex a first name like in your case calls for scrutiny. Someone must have put the wrong order when your papers were filed. No way USCIS decided to give you a new name.

You need to get this fixed now before N400/ I-751.

 

File I-90. 

I dont think that someone put wrong order when they filed papers. It is Vietnamese passport name order issue.

 

US passport name order lists Surname and Given Name. Given name for US passport lists as First name and then Middle Name. US name on order passport is Last name First name and Middle name.

 

Vietnamese passport name order lists in weird way that is not standard as following: Last Name Middle Name and First Name.

 

When American people look at Vietnamese passport, they thought it would be the same order as US does. That is why they would think Middle name on Vietnamese passport is First name (same order in US passport) and First name is Middle Name. Hence when Consulate printed visa, it needs to match to passport order which greencard will follow the same order as visa.

 

Many Vietnamese people got this issue specially people come here with IR1 or CR1 visa including my wife. K1 visa people filed I-485 form in US which they put correct name on the form and USCIS prints it to match with the form so they dont have issue.