Name change while applying for N400

[pnw12 7]

I know this question has been asked many times before but I've read different information regarding this.

 

I'm preparing to apply for my N400 and have decided to take my spouse's last name. We decided to keep our previous last names but have now changed our mind.

 

Is it pretty simple to request the change on the N400 form? I read that you can simply use a marriage certificate to change, but I would also like the citizenship paperwork to reflect the new last name. 

[EatBulaga 301]

1 hour ago, pnw12 said:

Is it pretty simple to request the change on the N400 form? I read that you can simply use a marriage certificate to change, but I would also like the citizenship paperwork to reflect the new last name. 

 

Yes, you can name change on the N-400 form.

https://www.uscis.gov/sites/default/files/document/forms/n-400.pdf

In Part 2, Item 3, mark "Yes" for "Would you like to legally change your name?"

And put the name you want to be known.

Edited July 17 by EatBulaga

[pnw12 7]

34 minutes ago, EatBulaga said:

 

Yes, you can name change on the N-400 form.

https://www.uscis.gov/sites/default/files/document/forms/n-400.pdf

In Part 2, Item 3, mark "Yes" for "Would you like to legally change your name?"

And put the name you want to be known.

Got it, thank you!

 

[Dashinka 24,018]

Yes, it is very easy.  The only issue is that you will take a judicial oath when the time comes, but that is not a huge deal either.

 

Good Luck!

[pnw12 7]

7 minutes ago, Dashinka said:

Yes, it is very easy.  The only issue is that you will take a judicial oath when the time comes, but that is not a huge deal either.

 

Good Luck!

That makes sense. Thank you! 

[Scandi 4,101]

Very easy. I had a name change with my N-400 as well and didn't even have a judicial ceremony, just a regular one at USCIS. Could potentially have been because of covid and maybe the courts were still closed at the time (March 2021). You get your certificate in your new name and you also get a name change document called N-662. When you go to your passport appointment and to SSA after becoming a citizen, bring the name change document too. 

[top_secret 2,268]

My understanding is that if you are only taking your spouse's last name then there is no need for the legal name change option.  You could just file the N400 with that as your legal name, list your maiden name as other names used, and provide the marriage certificate as proof of legal name change.

 

This is however a question we ourselves are still considering how best to navigate so I would be very interested in the experience or opinions of others.

[Scandi 4,101]

5 hours ago, top_secret said:

My understanding is that if you are only taking your spouse's last name then there is no need for the legal name change option.  You could just file the N400 with that as your legal name, list your maiden name as other names used, and provide the marriage certificate as proof of legal name change.

 

This is however a question we ourselves are still considering how best to navigate so I would be very interested in the experience or opinions of others.

Correct, because the marriage certificate IS a legal name change document. Whether the IO will argue about though, is a different matter. We have seen other posts on here where the IO insists that you have to file in the same name that is on your greencard as that's what is in their system.

So while the marriage certificate is all you need in order to change your name with SSA, DMV, the bank etc - often USCIS sees it differently. 

[Ontarkie 14,115]

22 hours ago, Scandi said:

Correct, because the marriage certificate IS a legal name change document. Whether the IO will argue about though, is a different matter. We have seen other posts on here where the IO insists that you have to file in the same name that is on your greencard as that's what is in their system.

So while the marriage certificate is all you need in order to change your name with SSA, DMV, the bank etc - often USCIS sees it differently. 

We have also seen where the IO has denied the name change request and told them there is no need and just start using it. 

[Scandi 4,101]

1 hour ago, Ontarkie said:

We have also seen where the IO has denied the name change request and told them there is no need and just start using it. 

Of course, you can start using your married name anytime you want, the marriage certificate is proof if your name change. But for you to have the name on your naturalization certificate USCIS still needs to change the name in their system if the greencard is still in the old name, and that can require an actual name change during the N-400 process. Otherwise you'll still end up with a NC in your maiden name, even if you have your married name on everything else. 

[Ontarkie 14,115]

17 hours ago, Scandi said:

Of course, you can start using your married name anytime you want, the marriage certificate is proof if your name change. But for you to have the name on your naturalization certificate USCIS still needs to change the name in their system if the greencard is still in the old name, and that can require an actual name change during the N-400 process. Otherwise you'll still end up with a NC in your maiden name, even if you have your married name on everything else. 

Except with assuming a married name is not the same as a court order name change. A legal name change with the courts is way different than assuming your spouse's name. 

[top_secret 2,268]

USCIS covers it pretty clearly in their Policy Manual.   If they follow their own policy 🙄 then it seem pretty clear you could just use your married name without doing anything more than showing the marriage certificate to justify it's use.  Not to say that USCIS has never failed to follow their own policies.

 

https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

 

 

Quote

Determining a Benefit Requestor’s Legal Name

When reviewing an immigration benefit request, the officer must review all evidence to support the name provided on the request.^[3] Examples of evidence that the name used is the requestor’s legal name are as follows:

• Birth certificate;^[4]
• Civil marriage certificates, certificates of domestic partnership, and civil union certificates;
• Divorce decree;
• Family registry entry;
• Government-issued identity document (including passport);
• Certificate of naming;
• Court order; or
• Documentation demonstrating change of name by operation of state or local law.^[5]

Officers may determine the legal name by examining any one document or a combination of documents. Officers should use the requestor’s expressed preference for their name from the evidence reviewed if their preferred name is confirmed by the governing state or local law.^[6] If documents submitted in support of the benefit request do not support the name desired or claimed by the requestor, an officer may request additional evidence.^[7]

 

Quote

Name After Marriage or Divorce

A married person may retain their pre-marital name or use a different legal married name (such as a spouse’s surname or a hyphenated name combining the pre-marital name and spouse’s surname). This change is often dependent on the married person’s preferences and may not be the name as it appears on a marriage license or certificate. However, if the marriage occurred in the United States, the officer should refer to the applicable state law to determine if the name change should be reflected on the marriage license or certificate.

 

[Scandi 4,101]

5 hours ago, Ontarkie said:

Except with assuming a married name is not the same as a court order name change. A legal name change with the courts is way different than assuming your spouse's name. 

Right, and this discussion is about taking the spouse's surname, something you don't need to go to court for (not in any state that I'm aware of). USCIS may still want you to change your name through the N-400 form even if it's only a matter of taking your spouses last name, we have seen that before. So that should definitely be added on the form when applying either way, for OPs information. Need there be any corrections to the form, it happens at the interview.