Name change during marriage not valid??

[Amhara 460]

My husband only has one name and we want to give him a middle and last name. When I sent off our Form I-129F, I split his name in half but the visa was issued as "FNU" (first name unavailable) and his name used as his surname.

I figured that we could change his name during marriage, but so far, no luck. The marriage certificate was issued with FNU and they told us that we could not use the last name we wanted because it's not one of our names already. Okay, then fine. He'll just take my last name (even though it doesn't match ethnically and it contains a word that is indecent in his language!)

We go to get his learners permit and they did not let us use my last name either because "he could only change his last name" with marriage. It's really his only name, but since the visa says that's his surname, we couldn't change his name that way either.

So now, we are deciding whether to change his name at the county court house or to keep it FNU throughout the process. I know there is a chance we might be able to change it during naturalization, but that seems like a lot of hoops. (Delayed processing, specific procedures, limited areas, etc).

If we do the name change at the county court house, does anyone know if we will have problems during our Form I-485 process? I am thinking that we may get RFE because of the name, but if we don't and we execute the name change process, can we update our case before we get an RFE or before they start processing the GC/EAD/AP?

[Villanelle 4,121]

Hmmm this is a hard one. I dont know if there is anyone currently active that did a legal name change in a court during AOS. I dont even know if theres an old thread on it! So...

does anyone know if we will have problems during our Form I-485 process? I am thinking that we may get RFE because of the name, but if we don't and we execute the name change process, can we update our case before we get an RFE or before they start processing the GC/EAD/AP?

The thinking you might get an RFE part doesnt make sense to me. Why would you get one? You already sent in the AOS packet with all the relevant info they need. They will have NO IDEA you went to court (lets say you do in the next few weeks) and got a legal name change. So theres not going to be an RFE for that. (Im assuming you sent in the AOS with the name he currently has- FNU/Surname)

I do see many complications. You should be getting your EAD/AP in about 90 days. If you do a court name change before then - then you would definitely have to notify them prior to the combo card being issued of the name change so they issue the card correctly. If not you will get the combo card in the wrong name. If the name change occurs after the combo card is approved/issued- you would theoretically have to contact them to get a replacement with the correct name.

​I dont know how long its going to take to get a name change done. I know for us we went to the court and filled out the application and it took over a month to get the appt with the Judge/magistrate. It then took another 2 weeks to get the paperwork from the court in the mail. (this was for a USC btw) We then had to mail the name change order to the county where she was born and get a new birth certificate printed which took another 6 weeks.

Now for an alien changing their name in a court in the US (I have looked into this as well since my 'alien' husband is seeking to do so- but he already has a GC so we are not quite in the same situation as you) It seems he can take the name change doc (once we get it- we havent done this yet) and obtain a new passport from his country either when he goes back or at an Embassy here. However nobody seemed to be too concerned about getting the foreign passport changed because it seems as long as you have the court order you can still use the old passport. (Similar to when a woman takes the husbands last name and has mismatching info on the GC and foreign passport and shows the marriage license). Soooo I dont think USCIS will require a new passport to take action- just the court documents. But like I said that itself can take 1-2 months to complete depending on where you live.

Im sorry I dont have more concrete info for you. Doing the name change now you may have hiccups with the combo card depending on timing. I know there is also references to IF you have an interview being able to present the court order then and having them potentially change it before GC issued. They may refuse and tell you to file the i90 after you get the 'wrong card' and pay 450$

[Amhara 460]

Thanks for the info Demara!

No, actually, I was thinking that the marriage allowed us to change his name legally with my last name. I submitted the documents with the name we wanted (actually the second choice) which did this:

1. Switched his 'surname' to his first name
2. Added a middle name (which we want as his last name)
3. Added my last name as his last name.

What the DMV lady told us is that his last name is currently what appears on his visa and we can't change his first name through marriage. Silly me, thinking that his only name is his first name...

So I'm thinking we will get and RFE because his first name on his visa (FNU) doesn't match with his first name on his marriage certificate.

Crazy thing is that if we had the time to have gotten him a machine-readable passport in Afg, he could have added a last name for himself at no cost and the visa would be in that name too. I appreciate your help because I wasn't thinking of the court processing time. That can delay us!

[KayDeeCee 4,891]

I would get the court ordered name change first, before filing for AOS. That way you put the name he wants, have the legal name change document you need to include to prove that name change, and the EAD/AP and green card will be in the name he wants to use. No compromising, and no hassles of trying to change things with the USCIS in the middle of processing.

~ Moved from AOS from Work, Student & Tourist Visas to AOS from Family Based Visas - AOS from K-1 ~

[Villanelle 4,121]

Kay- It seems they already filed a few days ago- but I agree it wouldve been easier to do a name change and then file- Seems too late now--

-----

Anyway Im a little confused now. I know you can change last name during AOS with no problem. Typically its the woman who changes her maiden name and takes the last name of the husband at marriage but theres no reason why it cant be the other way around (husband taking wifes last name) The marriage certificate works both ways so to speak.

But the way you said you filed (?) Currently USCIS has him as FNU and Surname- so lets say FNU Jones.

You are saying you submitted AOS as Jones (surname they have on file) John (a name you pretty much "made up out of thin air as its not attached to either of you) Smith (your last name)- So Jones John Smith.

Umm pretty sure you can not do that. So yeah there probably will be an RFE if you even get that far. It doesnt seem you got the NOA yet so they might even reject it from the get go. Now that wouldnt be the worst thing in the world because then you can do the court name change and submit again but they may or may not return the filing fee. (not sure how that works)

See Im almost positive you can not just 'come up with' a name (the middle name John) out of nowhere and ask it to be used with out a court order. At least not during the AOS procedure. Naturalization sure but not AOS. They should be okay with changing the last name because as stated marriage gives you that right. As for the first name since they currently have it as FNU I believe its the same thing- you cant just request changes to that 'field' with out a court order.

But its really confusing because I know theres a lot of people from certain regions that do 'slide' names around. As I said its usually women moving their married name to the middle name field. Mary Smith marries Jack White and is able to submit her AOS as Mary Smith White. Smith would be in the middle name field not a two word last name.

Im sorry I dont have any concrete answers about sliding names and whats allowed and whats not.

--

I do have a few questions though.-

You say what you submitted was Surname as First, last name as yours and middle name as something you "want as his last name". Umm what? Im not getting that. If you wanted the middle name as the last why did you put in the middle? Like if he is as above Jones John Smith - then John is going to forever be in the middle name field. When you fill out documents you can theoretically put John Smith as the last name but for anything official like DMV or SS they are going to have him as Mr Smith.

Second question is what does the marriage certificate say? You say it doesnt match the visa. Thats strange to begin with because typically the marriage people have the same stick up that DMV does with every ID having to match. So the visa says FNU Surname- whats the marriage say? What about the passport?

-

At this point I see several options. First you have to see if they accept your AOS. If they do then yeah you will probably be getting an RFE about the name issue. You may have enough time if you go promptly on Mon to get a name change done and submit it in time for the RFE. Youll have to contact your local court and see how slow they move. I suppose if the RFE comes and you dont have it all done in time youd be forced (by USCIS) to use the names they have on file for him and then like in the first post attempt to change it before things are issued/at the interview or worst case ordering a new card with the new name.

If they dont accept the AOS then you can refile it with the names they have for him or get the name change first and then file.

[KayDeeCee 4,891]

Ahh, well if they already filed, then they will have to get the name change done now and then submit the change to the USCIS when it happens. Hopefully it will all work smoothly and get done before the green card is issued.

As to the man changing his name: Not all states have laws that do allow for it equally. I believe more don't than do. Should not be that way, but that is a separate equality for all rant/discussion.

Edited December 13, 2015 by KayDeeCee

[Amhara 460]

I was going to try to use the last name we wanted as the middle name so he can have it on his driver's license and use it as his last name in civil matters. I was thinking we could start using it as the middle name, but since neither of us have that name now, we can't choose the marriage name change option.

The marriage certificate does match the visa. I am sorry if I mis-typed on and earlier reply. His passport only has one name. When I submitted his fiancée petition, I just broke up his name into two pieces. That would have given him a first name, but the visa wasn't issued that way.

We submitted the name change documents last night through Dallas County e-file program. I'm hoping we get an RFE that will let us revert the name to FNU, and maybe have the name change done before any action is taken. Dang, and I was hoping he could get his EAD at a good time. There still may be hope for us yet! We shall see!