Name change after filing ROC

[pnw12 7]

My spouse (US citizen) and I (LPR) have decided we want to have the same last name. For context, we are a same sex couple and at first chose to not follow the name change route. 

 

I have decided to take their name - my I-751 was recently filed (August 2023). Would it be best to wait until this is completed or can I update UCSIS with this information? I have an online account and there is an option to upload more documents. 

 

I was thinking of submitting paperwork with our local court, changing documents (ID, SSN, bank etc.), uploading this information and requesting for my application to be processed with my new name. 

 

Do you think this is an option? 

[OldUser 6,647]

I think the best option to change name is either at time of marriage (beginning of immigration journey) or at naturalization (end of immigration journey).

 

Why not wait for N-400 stage? You can change your name then and it will likely be easier than going through it now with pending ROC.

Edited October 9, 2023 by OldUser

[Crazy Cat 41,845]

Another vote to wait.

[pnw12 7]

Gotcha, thanks for the advise. 

[Dashinka 24,493]

I agree, if you are doing naturalization, I would wait for then.  If not planning the N400, then you will most likely need to go through the court.  If going through the court, I would also wait until the I751 is completed.

 

Good Luck!

[Scandi 4,166]

You don't need to go to court if you want to take your spouse's last name, the marriage certificate is the name change document if you decide to take their name. You can for instance bring your marriage certificate to SSA and update your name today. For other types of name changes (ie first/middle name, not related to marriage), you need to either go through court or wait until you file the N-400. 

For USCIS however, since you already filed, it's a hit or miss trying to get them to update your info. Legally it's not an issue, you have the marriage certificate to prove your name change, but it's well-known making changes with USCIS (whether it's a name or an address) is usually a royal pain in the butt. So you greencard may or may not have your married name on it if you send USCIS a letter or bring it up at a potential interview. You haven't filled out your timeline so it's harder to know how likely you are to get an interview or not. I had a name issue with my AOS application and was lucky enough to get an interview, so I could fix the name issue right there and then.

Edited October 9, 2023 by Scandi