Name Change

[Mike B. 231]

I have read a bunch of threads on this topic, but I still don't get it. How can my spouse change her last name name so that her maternal name is dropped and her new name is [Her paternal name]-[My last name]? Social Security told me they can't change it until DHS changes it, but I don't see how to change it with DHS. Can I just submit all her AOS documents using this new name and assume that they will "get it" since we just got married and they have a copy of my marriage license, or will we run into all sorts of problems since the new name isn't on her visa, I-94, or passport?

I'm also worried because from what my wife has learned, even if we do get her name changed in the United States, she may not be able to legally have it changed the same way in her native Peru, which will create a situation where she'll have one name in the US and another in Peru. Does anyone have any experience with that type of thing?

[john_and_marlene 162]

Can I just submit all her AOS documents using this new name and assume that they will "get it"

Yes. Submit the AOS using the desired naming convention. You will also put her full maiden name in the block for "other names used".

They are aware of naming conventions in other countries--they even have a guide for it. The Philippines has the same naming convention and Marlene changed from first/mothers-maiden-name/fathers-family-name to first/fathers-family-name/new-family-name

Edited March 10, 2010 by john_and_marlene

[Susita 175]

I have read a bunch of threads on this topic, but I still don't get it. How can my spouse change her last name name so that her maternal name is dropped and her new name is [Her paternal name]-[My last name]? Social Security told me they can't change it until DHS changes it, but I don't see how to change it with DHS. Can I just submit all her AOS documents using this new name and assume that they will "get it" since we just got married and they have a copy of my marriage license, or will we run into all sorts of problems since the new name isn't on her visa, I-94, or passport?

I'm also worried because from what my wife has learned, even if we do get her name changed in the United States, she may not be able to legally have it changed the same way in her native Peru, which will create a situation where she'll have one name in the US and another in Peru. Does anyone have any experience with that type of thing?

Yep just change it when filing for AOS Good luck!

Edited March 10, 2010 by Susita

[Mike B. 231]

Does anyone think that I'm going to run into serious problems if she changes her name to something that the Peruvian government will not accept as a valid name? I'm really worried that if she has one legal name here and another down there, there will be serious problems (like a green card with one name and a passport with another being grounds to deny entrance into the US).

[Susita 175]

Does anyone think that I'm going to run into serious problems if she changes her name to something that the Peruvian government will not accept as a valid name? I'm really worried that if she has one legal name here and another down there, there will be serious problems (like a green card with one name and a passport with another being grounds to deny entrance into the US).

My husband's name in Peru is his first name, middle name, fathers last name, mothers last name. Here we omitted the mother's last name. He's had no problems traveling to Peru or anything like that.

What I would recommend is that you go to the Peruvian Embassy here in the US and make the necessary changes there as well to her DNI and passport. They can do that. She will still need 2 last names in Peru though.

[arren 6]

I am not sure about how it works for Peru, but I'm Italian and we have a similar kind of problem (no legal name change upon marriage).

I tried asking my consulate and they told me it's better if I don't change my last name because they wouldn't recognize US documents with anything different than my maiden name on it. Did you try asking the Peruvian consulate and see what they say about it?

Edited March 10, 2010 by arren

[Peter&Jaime 1]

My husband's name in Peru is his first name, middle name, fathers last name, mothers last name. Here we omitted the mother's last name. He's had no problems traveling to Peru or anything like that.

What I would recommend is that you go to the Peruvian Embassy here in the US and make the necessary changes there as well to her DNI and passport. They can do that. She will still need 2 last names in Peru though.

My husband has the same name format. Doesn't seem to cause any problems. He uses usa documents here and peruvian documents there. Just has 2 different names.

[marriedtomrg 141]

Hi VJ Peeps!

We are planning to apply for AOS within the next couple of months, and I have been trying to search for an answer to my question about naming convention.

Say for example, my current married name is Jennifer Jane Mendoza Jones.

Where:

- Jennifer Jane is considered my first name (in the Philippines)

- Mendoza refers to my father's family name/ my maiden name

- Jones refers to my husband's family name

Note: I already have an approved EAD and a SSN in American format: Jennifer Jones On my EAD and SSN application, I filled up the forms using the following format: First Name: Jennifer, Middle Name: Jane, Family Name: Jones

But when we first applied for I-130 and I-129F (my daughter Pippo and I were K3/K4 applicants before the category was dissolved), on my forms we used the Philippine naming convention, where my first name was Jennifer Jane, and my middle name was my maiden name Mendoza, and my family name is Jones.

Which naming convention should we use on my I-485 and G-325A?

The American convention (First Name: Jennifer, Middle Name: Jane, Family Name: Jones), or

the Philippine naming convention (First Name: Jennifer Jane, Middle Name: Mendoza, Family Name: Jones)?

Your responses would be so helpful. Would hate to get any RFEs at this stage in the process.

Thanks!

Kaye and Rick

Yes. Submit the AOS using the desired naming convention. You will also put her full maiden name in the block for "other names used".

They are aware of naming conventions in other countries--they even have a guide for it. The Philippines has the same naming convention and Marlene changed from first/mothers-maiden-name/fathers-family-name to first/fathers-family-name/new-family-name

[VanessaTony 3,567]

Please be aware that you might not be able to change your middle name. Well, you might be able to now, but when you apply for naturalisation, you'll be in trouble.

Please read this thread: http://www.visajourney.com/forums/topic/253711-change-of-name/ where on applying for naturalisation, the immigrant was told her name change was not official and she has to apply for a LEGAL name change through the courts.

[marriedtomrg 141]

Thanks for the post, but just to be clear...are you saying we should use the American naming convention? My daughter Pippo also has 2 "first names." (Let's say it is "Mary Josephine")

Seeing as this can seriously bite us in the bum down the road (naturalization), I would like to prepare accordingly and use the right naming convention while I have not filed for AOS.

Please be aware that you might not be able to change your middle name. Well, you might be able to now, but when you apply for naturalisation, you'll be in trouble.

Please read this thread: http://www.visajourney.com/forums/topic/253711-change-of-name/ where on applying for naturalisation, the immigrant was told her name change was not official and she has to apply for a LEGAL name change through the courts.

[VanessaTony 3,567]

Thanks for the post, but just to be clear...are you saying we should use the American naming convention? My daughter Pippo also has 2 "first names." (Let's say it is "Mary Josephine")

Seeing as this can seriously bite us in the bum down the road (naturalization), I would like to prepare accordingly and use the right naming convention while I have not filed for AOS.

Yes and no.

If you read my reply to that thread here: http://www.visajourney.com/forums/topic/253711-change-of-name/page__view__findpost__p__3907411 you will see it really depends on what type of marriage licence/certificate you have. My post here: http://www.visajourney.com/forums/topic/217995-name-change-after-filing-for-aos-ead-ap/page__view__findpost__p__3822559 contains what MY marriage licence looks like.

My name is Vanessa (obviously) and lets pretend my full name is Vanessa Jane Smith. I COULD have elected (based on the type of licence i have) to change my ENTIRE name because it allows for that. So I could now be "Mary Lee Jones" and it is a legal change because it's written there. Typically you can only change your LAST name unless it's a licence like mine, because they assume that you will take your husbands last name.

You CAN in theory write the name you want on the USCIS documents and they will generate the document in that name. I've seen it done that way lots of times but as the thread I posted indicated, you MIGHT encounter issues when you try and apply for naturalisation.

So, if you would like to stick with your countries traditions you have a few options:

1. Find out which kind of licence you have and if like mine you're fine (as long as you wrote the version you want in "name after marriage" when you filled it in).

2. If your licence isn't like mine, speak with the court house about a legal name change. You will need to pay for it but i don't know the cost, depends on your state.

3. When naturalisation comes around, there is a box where you can actually ask for a legal name change and they will do it for you. So you COULD save your money and change it down the road. In the meantime you have whatever name you wrote on your AOS documents.

You shouldn't need to do the legal name change in order to file for AOS, you can simply write the name you want on the USCIS documents (so others have said) but i assume that later down the road you will need to do an official legal name change and I don't know whether having your documents in the "wrong" name will be an issue when you try and apply for the legal name change (like in the OP's case in the thread I posted)....

Personally I would go with the US convention until naturalisation (just to be safe) and change it then (if you decide to).

Edited May 5, 2010 by Vanessa&Tony

[vietazn 1]

Apparently, the name entered upon entry with I-94 is the name the Social Security office will use.

The name on the Social Security card, even if not correct, is the name that should be used for other

federal government purposes, like filing taxes. If not then the tax return might not be accepted.

Edited May 5, 2010 by vietazn

[VanessaTony 3,567]

Apparently, the name entered upon entry with I-94 is the name the Social Security office will use.

The name on the Social Security card, even if not correct, is the name that should be used for other

federal government purposes, like filing taxes. If not then the tax return might not be accepted.

No its not. They use the name on your Visa and/or other "proof of status and identity" document.

As an example, my I-94 has just my first and last name. My SSN has my first, middle AND last name as per my visa and passport

Also, the I-94 is only needed before you have your GC. I will be attending the SSA once I have my GC, along with my passport and marriage certificate in order to change the name on my card to my married name, and to have the "DHS Auth required" removed.

Edited May 5, 2010 by Vanessa&Tony

[marriedtomrg 141]

Thanks again for the response. :-)

The name on our Marriage Certificate is my full maiden name, when I was single. The Philippine government assumes you will take your husband's family name after you are married (though I know a few who have either kept their last name or hyphenated their name)

All my subsequent documentation after marriage has my full married name: Jennifer Jane Mendoza Jones, where my "First Name" is Jennifer Jane, Middle Name is Mendoza, and Last Name is Jones (using the Philippine naming convention)...EXCEPT for my EAD and SSN (where my name on both documents are in American naming convention: Jennifer Jane Jones, where Jennifer is my First Name, Jane is my Middle Name, and Jones is my Last Name).

So just to clarify here...my question here really isn't about if I took my husband's name or not...I did...that's why I am using Jones as my last name.

My question here is should the Middle Name on the I-485 and G-325A forms correspond to: Jane (one of my two "first names") or to Mendoza (which is my old last name when I was single/before I was married).

I'm tempted to just maintain the American naming convention, but some guidance would be great. I really do appreciate your replies.

Yes and no.

If you read my reply to that thread here: http://www.visajourney.com/forums/topic/253711-change-of-name/page__view__findpost__p__3907411 you will see it really depends on what type of marriage licence/certificate you have. My post here: http://www.visajourney.com/forums/topic/217995-name-change-after-filing-for-aos-ead-ap/page__view__findpost__p__3822559 contains what MY marriage licence looks like.

My name is Vanessa (obviously) and lets pretend my full name is Vanessa Jane Smith. I COULD have elected (based on the type of licence i have) to change my ENTIRE name because it allows for that. So I could now be "Mary Lee Jones" and it is a legal change because it's written there. Typically you can only change your LAST name unless it's a licence like mine, because they assume that you will take your husbands last name.

You CAN in theory write the name you want on the USCIS documents and they will generate the document in that name. I've seen it done that way lots of times but as the thread I posted indicated, you MIGHT encounter issues when you try and apply for naturalisation.

So, if you would like to stick with your countries traditions you have a few options:

1. Find out which kind of licence you have and if like mine you're fine (as long as you wrote the version you want in "name after marriage" when you filled it in).

2. If your licence isn't like mine, speak with the court house about a legal name change. You will need to pay for it but i don't know the cost, depends on your state.

3. When naturalisation comes around, there is a box where you can actually ask for a legal name change and they will do it for you. So you COULD save your money and change it down the road. In the meantime you have whatever name you wrote on your AOS documents.

You shouldn't need to do the legal name change in order to file for AOS, you can simply write the name you want on the USCIS documents (so others have said) but i assume that later down the road you will need to do an official legal name change and I don't know whether having your documents in the "wrong" name will be an issue when you try and apply for the legal name change (like in the OP's case in the thread I posted)....

Personally I would go with the US convention until naturalisation (just to be safe) and change it then (if you decide to).

[VanessaTony 3,567]

Thanks again for the response. :-)

The name on our Marriage Certificate is my full maiden name, when I was single. The Philippine government assumes you will take your husband's family name after you are married (though I know a few who have either kept their last name or hyphenated their name)

All my subsequent documentation after marriage has my full married name: Jennifer Jane Mendoza Jones, where my "First Name" is Jennifer Jane, Middle Name is Mendoza, and Last Name is Jones (using the Philippine naming convention)...EXCEPT for my EAD and SSN (where my name on both documents are in American naming convention: Jennifer Jane Jones, where Jennifer is my First Name, Jane is my Middle Name, and Jones is my Last Name).

So just to clarify here...my question here really isn't about if I took my husband's name or not...I did...that's why I am using Jones as my last name.

My question here is should the Middle Name on the I-485 and G-325A forms correspond to: Jane (one of my two "first names") or to Mendoza (which is my old last name when I was single/before I was married).

I'm tempted to just maintain the American naming convention, but some guidance would be great. I really do appreciate your replies.

Okay so I suppose my response was a bit wordy... in short.

I personally would maintain American naming convention. It is the safest option.

HOWEVER, if, at the time you naturalise you decide to switch to your Philippine naming convention, there is a section on the N-400 document that asks if you would like to do a legal name change (here: http://www.uscis.gov/files/form/n-400.pdf page 1, Part 1, D.. the instructions have more info). This would mean that you could then change your name to Jennifer Jane Mendoza Jones and your naturalisation certificate would say that, as would your American passport etc and it would a perfectly legal name change (they petition the court for you to change your name). I loathe to do it now just to confuse matters later.