Deed poll question...?

[wellywench 0]

Evening all!

I want to change my daughters' surname by deed poll, so that when I get married we all have the same surname. I'm going to do it here before I go, but was wondering how much sway an English deed poll form will have in the States? My daughter will be starting kindergarten in the autumn so would like her to start with her new name, but I'm not sure if changing her passport will be a good idea when we'll be undergoing AOS obviously after the wedding!

Anyone have any ideas on how best to go about this?

[Boiler 43,852]

Just wondering why the rush.

Ae you changing your name as well?

[wellywench 0]

I'll be changing my name on the passport once the AOS is completed I guess, for all other purposes straight away. As for what the rush is, like I said I want her new name to be in place (and her used to using it) for the Autumn.

Edited January 28, 2008 by wellywench

[Boiler 43,852]

Seems more logical to change hers when you change yours, but your call.

I assume she is of an age where she has no say in the matter.

[wellywench 0]

I will begin the process of informing the relevant people that her name has been changed at the same time as mine - after the wedding. I was told on the phone by the deed poll people that I need to actually obtain the document while I am still living in this country, so I have less than 6 weeks to do so.

And you are assuming that I have not discussed this with her? Obviously I have or I would not be doing this. If she did not want to change her name then I would not be changing mine.

[Mags 112]

In many US states they will only accept the name on the birth certificate. My son had been using my maiden name as his surname for just about his whole life but when we came over here we had to use the name on his BC instead.

I'd check out which school you are going to be sending her to and find out their policies on it. Maybe send them a quick email or something? If you're unsure of the school email the district instead and see what they say about it.

Edited January 28, 2008 by Mags

[wellywench 0]

Thanks Mags I will do!

[rebeccajo 14]

Her present passport has her K2 visa in it, correct? And that passport is in her present name? Do you think the consulate will change the old passport to a new one plus insert a new K2 visa in it? After the fact that her birth certificate (in her present name) is already contained in her K2 file?

Sounds all very unlikely and complex to me.

Even if they do, when you file for AOS, her birth cert and passport won't 'match'.

In the US, you can't just 'change' a name. For anything 'legal' in a persons life, authorities will be looking to a birth certificate, a marriage certificate, or a formal court decree/order as proof of a persons legal name.

I think if you do this, you may be mucking up future paperwork for your daughter in the US.

[Mags 112]

Her present passport has her K2 visa in it, correct? And that passport is in her present name? Do you think the consulate will change the old passport to a new one plus insert a new K2 visa in it? After the fact that her birth certificate (in her present name) is already contained in her K2 file?

Sounds all very unlikely and complex to me.

Even if they do, when you file for AOS, her birth cert and passport won't 'match'.

In the US, you can't just 'change' a name. For anything 'legal' in a persons life, authorities will be looking to a birth certificate, a marriage certificate, or a formal court decree/order as proof of a persons legal name.

I think if you do this, you may be mucking up future paperwork for your daughter in the US.

RJ does raise some valid points there, Wellywench.

[mawilson 2,133]

Change it before you leave - it's a lot easier in the UK.

Get a deed poll, go to a passport office and get a passport in her new name. They will let

her keep the old passport with the K-2 visa (they'll just stamp the passport as "cancelled".)

She can then use her new passport and the visa from the old passport to enter the U.S.

Once she's here, she can use her new name and abandon the use of her old name

entirely. AOS and everything else should be done in her new name, IMO.