Taking my husband's last name at naturalization

[Lizzie123 9]

Hi there. I have my N-400 interview (likely combo with pending I-751) coming up and wanted to ask for clarification around name change. All of my documents to date are in my maiden name but I'm interested in taking my husband's last name from this point onwards. There seems to be some conflicting posts around whether this requires a legal name change or not. I'm hoping to do a same day oath so wondering if keeping my maiden name at naturalization and then changing through a court order at a later date would be a better option? Thanks in advance!

[Crazy Cat 41,834]

Which one has priority to you?  Same day oath or Name Change?

[Lizzie123 9]

Same day oath is priority - I've just seen posts stating that taking a spouse's last name doesn't constitute a legal name change so wanted to know if both could be done that same day.

[Crazy Cat 41,834]

4 minutes ago, Lizzie123 said:

Same day oath is priority - I've just seen posts stating that taking a spouse's last name doesn't constitute a legal name change so wanted to know if both could be done that same day.

Naturalization Certificate is a legal name change document.  Not sure you can do it during a same day as interview ceremony.  A Judge has to be involved. 

 

"At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court before the judicial oath ceremony. Upon receipt of the petition, the court signs and seals the petition."

Edited March 28, 2023 by Crazy Cat

[Lizzie123 9]

Just now, Crazy Cat said:

"At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court before the judicial oath ceremony. Upon receipt of the petition, the court signs and seals the petition."

Much obliged, thank you.

[Bob in Boston 700]

Your Marriage license also lets you change your last name. You can go to social security, drivers license and bank with your marriage license and change your name. Have you thought of that?

[Lizzie123 9]

3 hours ago, Bob in Boston said:

Your Marriage license also lets you change your last name. You can go to social security, drivers license and bank with your marriage license and change your name. Have you thought of that?

Thank you. Does it make sense to do this in advance of my N--400 interview? If it won't cause any issues (I applied using my maiden name) then that might be exactly what I do next!

[jostermacedo 54]

18 hours ago, Lizzie123 said:

Same day oath is priority - I've just seen posts stating that taking a spouse's last name doesn't constitute a legal name change so wanted to know if both could be done that same day.

Check with USCIS during interview if the name change will delay the oath ceremory. When my wife changed her name during her N-400 interview, she received the Naturalization Certificate at the end of the interview with the new name. The court document was sent later by mail. USCIS Buffalo/NY.

[InspectorGrover 14]

I just had my N-400 interview late February. My Green Card was in my maiden name and I wanted my Naturalization Certificate (NC) be in my married name. My interviewing Officer said that this is not a legal name change, it's assuming my husband's name and because I provided the original marriage certificate, that this was evidence to do so. At the end of the interview, you will review your information on their screen to confirm it is correct, which includes the name to appear on your NC. Had my oath ceremony last week (4 weeks after my interview) and my NC is correct with my married name. 

 

I too was confused about whether this is legal name change and would delay things, but my Officer said it is not a legal name change...knowing how these things go, you might get another answer in another office though. 

[Lizzie123 9]

Thank you all for your answers and inputs!

[Bob in Boston 700]

2 hours ago, Lizzie123 said:

Thank you. Does it make sense to do this in advance of my N--400 interview? If it won't cause any issues (I applied using my maiden name) then that might be exactly what I do next!

My wife had all her Immigration cards and such in her maiden name due to her home countrys passport. everything here in the states in her married name. When it asked for her legal name on N-400 we put her married name there. Naturalization Cert came in her married name.

[Lizzie123 9]

In case this is of help to anyone else, I had the same experience as @InspectorGrover and was informed by my IO today that a name change in court/in front of a judge is not necessary at naturalization if you're wanting to take the last name of your spouse. The marriage cert is proof of the name change. As such, I was able to change my last name and complete same day oath today! So happy to have reached the end of this journey and wish everyone the very best!

Edited April 25, 2023 by Lizzie123

[OldUser 6,625]

Fantastic @Lizzie123, congratulations on becoming a US citizen! Thank you for sharing the experience.