US Marriage Certificate/ Last name change?

[ahqs90 3]

Hi my wife came to the US 3 years ago via IR1 visa, we have past the 3 year mark that she has been here and want to apply for Citizenship (n-400). But my wife for her paperwork and everything still has her maiden last name and not mine, and our marriage was in her country, do we need to obtain a US marriage from a courthouse here, and if she wants to change her last name to mine, do we do all of this before we apply for the N-400? 

[Allaboutwaiting 2,503]

Your original certificate is enough; you just need to include the translation if the original is not in English. 

 

Any name change can be done with the N-400, even on the day of the citizenship interview. 

[Crazy Cat 41,984]

She can change her name as part of becoming a US citizen.  The N-400 application will ask if she wants to change her name. 

[Crazy Cat 41,984]

***Moved to US Citizenship General Discussion****  Please do not re-post.

[Mike E 11,741]

3 hours ago, ahqs90 said:

Hi my wife came to the US 3 years ago via IR1 visa, we have past the 3 year mark that she has been here and want to apply for Citizenship (n-400). But my wife for her paperwork and everything still has her maiden last name and not mine, and our marriage was in her country, do we need to obtain a US marriage from a courthouse here, and if she wants to change her last name to mine, do we do all of this before we apply for the N-400? 

Some states will recognize your foreign marriage certificate as lawful change of name document. Some, reported to include Colorado, will not, but offer a work around in the form of a re-marriage license, service, and certificate.

 

Changing name by naturalization can be difficult. The core problem is that in the U.S. only a judge can administer oaths of citizenship that include a change name. There are on the order of 1000 federal judges, and one million people naturalizing each year. Depending on the field office that can mean a longer wait. Some field offices will all but flat out refuse  a change of name.  
 

Even if you get a change of name oath, the actual change of name document is not the naturalization document as you might expect. When it does not show up, there can be a finger pointing exercise between the court and USCIS.

[ahqs90 3]

On 3/11/2023 at 5:30 PM, Mike E said:

Some states will recognize your foreign marriage certificate as lawful change of name document. Some, reported to include Colorado, will not, but offer a work around in the form of a re-marriage license, service, and certificate.

 

Changing name by naturalization can be difficult. The core problem is that in the U.S. only a judge can administer oaths of citizenship that include a change name. There are on the order of 1000 federal judges, and one million people naturalizing each year. Depending on the field office that can mean a longer wait. Some field offices will all but flat out refuse  a change of name.  
 

Even if you get a change of name oath, the actual change of name document is not the naturalization document as you might expect. When it does not show up, there can be a finger pointing exercise between the court and USCIS.

thank you so much for that info @Mike E, do you recommend waiting till after naturalization, its not really important to either of us

Edited March 14, 2023 by ahqs90

[OldUser 6,979]

12 minutes ago, ahqs90 said:

thank you so much for that info @Mike E, do you recommend waiting till after naturalization, its not really important to either of us

After naturalization will cost extra fees to change name.

 

During naturalization can take longer to become a citizen.

 

If it's not important, do not change name. 

[Mike E 11,741]

7 hours ago, ahqs90 said:

thank you so much for that info @Mike E, do you recommend waiting till after naturalization, its not really important to either of us

Yes wait until after naturalization.

 

After that, normally I advise filing for a passport book and card the same or next business day. For you, because of the name change, I would:

 

1. wait ten working days

 

2. go to ssa with naturalization certificate and marriage certificate to get a new SS card with original first name and spouse last name. Drop any middle name from SS card

 

3. after new SS card arrives, go to dmv to get new DL/ID

 

4. after new DL/ID arrives, apply for passport book and card

 

5. during this time:

* rain proof mail box and/or get a bigger one so that carrier does not fold naturalization certificate

* change name on accounts (bank, utility, airline, etc)

* change name on foreign passport

 

7 hours ago, OldUser said:

After naturalization will cost extra fees to change name.

Fees for what?

[OldUser 6,979]

6 hours ago, Mike E said:

Fees for what?

Name change via court?

 

Can you even change name based on marriage certificate issued in other country after the naturalizing without having to go through court? Because marriage cert was issued before naturalization certificate and in different jurisdiction and OP used maiden name for everything for many years after marrying.

Edited March 14, 2023 by OldUser

[Mike E 11,741]

5 hours ago, OldUser said:

 

Can you even change name based on marriage certificate issued in other country after the naturalizing without having to go through court?

In some states sure. And for the states that don’t they would need to offer re-marriage as CO does