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BruceH

Change of Name

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Filed: K-1 Visa Country: Brazil
Timeline

My wife had her citizenship interview last week. We have to go back on June 2nd however, since the interview officer requested a few items.

One since her application was based on her marriage to me, we made sure to take the federal tax returns for the past 3 years. (There was no request to see state returns either before the interview or during it). However, one of the set of items we did not have were w-2's and copies of Schedule C's of the return. We did not take them since the information only stated the return, not w-2's and schedules. Anyway, they are easy enough to bring to them, we just need to dig them out.

The most vexing problem which we need some advice is the following regarding my wife's name. Here is the issue: Before we were married my wife's name was [First Name] [Middle Name] [Last Name - Her father's last name] Once we were married, we listed on EVERY document including her application for conditional green card, permanent green card, state driver's license, bank accounts, health insurance, lease, etc. the following name [First Name] [Middle Name - her father's last name] [My Last name]. All the identification she has including her permanent resident card show this name. We naturally assumed everything was fine since all documents have been issued this way with no further questions.

In the citizenship interview, she was asked why her name was [First Name] [Middle Name - her father's last name] [My Last name]. My wife was surprised at the question and said she had changed her name when she married me. The interviewer said he

understood the change from [First Name] [Middle Name] [Last Name - Her father's last name] to [First Name][My Last name], but wanted to know how she had gotten her middle name. She said "Well, it was my father's last name" and that is what people do when they get married. He said she couldn't have been married in the United States since that is not what we do here. By the way, at the time he was saying that he had a certified copy of our US marriage certificate in his hand.

In any event, in addition to the w-2's and schedules we must bring back, we either have to bring back written proof that her name is [First Name] [Middle Name - her father's last name] [My Last name] or she would have to change her name.

My question how can she show additional proof of her name when her permanent resident card and every other identification document she has ALREADY has that name?

If that is insufficient, then how does she change her name to be that which is already listed on all documents she has and what everyone already thinks it is? By the way, apparently it is the Middle name which is a problem to the interviewer.

Any thoughts or ideas of what we should do?

Thanks,

Bruce


09-24-2005 I-129F SENT

09-29-2005 NOA1

10-18-2005 RFE - Needed original German divorce decree for Marlene - Our mistake to not have sent it

11-02-2005 VSC receives RFE response

11-16-2005 NOA2 E-mail HOORAY!!!!!

11-18-2005 NVC receives and issues case number

11-25-2005 Medical exam completed

12-12-2005 Received Package 3 today

12-20-2005 Receive e-mail from Consulate with interview date of 1-23-2006!

12-30-2005 Marlene got the Package 4 today from the Consulate.

01-23-2006 INTERVIEW DATE!!! APPROVED!!!

01-27-2006 Arrive in USA

02-10-2006 Got MARRIED!

AOS/AP/EAD

03-22-2006 Filing date AOS/AP/EAD

03-26-2006 NOA date for AOS/AP/EAD

06-03-2006 AP Received

06-07-2006 EAD Received

07-24-2006 Welcome Letter Mailed - No Interview required

07-28-2006 On-line status says "after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."

08-04-2006 Green Card received Date - DONE for TWO YEARS!

3dflagsdotcom_brazi_2fawm.gif[Marlene]3dflagsdotcom_usa_2fawm.gif [bruce]

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When I applied for SSN card, I wrote that my parents' name were [1st name] [1st last name] [2nd last name]. The clerk then asked me what it really was, if it that [1st last name] was a family name or a middle name. I then said they were both family names, and she explained to me to leave middle name blank then.

This is how my name is now: I have a [first name], [no middle name], and [my husband's last name].

I believe that maybe the officer got confused that your wife said that her family last name was her middle name, and not another last name.

I do not have experience with naturalization, just saying what happened at the SSA office regarding me filling the form with my parents' name to maybe give some light to your case.


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For the detailed timeline, please click "Timeline" under my avatar and check the "comments".

ROC Journey:-

05.12.2012 -- Mailed I-751 packet

05.21.2012 -- Check Cashed

05.15.2012 -- NOA1

05.30.2012 -- Biometric notice issued

06.06.2012 -- Biometrics Date (walk-in). Was scheduled for 06/14

xx.xx.2012 -- Card Production Ordered.

xx.xx.2012 -- 10 Year Green Card Received

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Hi,

I am from the Philippines and we do the same thing. When women get married, the middle name is replaced by the father's last name. I have done quite a few research on this. What will happen is that your wife will have a 'special' oath taking (forgot what it is called, i'll find out) for people who have name changes. This can drag the oath taking from 6 months to a year - as what I heard.

But it was surprsing that the IO does not understand the name changes. Maybe only few does it in your state. In CA, specifically in San Diego, there are lots of Filipinos, so the IOs are very familiar.

And why does the IO care about W2s? wierd....

Goodluck!

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Filed: Citizen (apr) Country: Australia
Timeline

In the US there are 3 types of marriage certificates (that I've seen):

1. Ones where you have husbands name BEFORE marriage and wifes name BEFORE marriage only

2. Ones where you have husbands name BEFORE marriage and wifes name AFTER marriage only

3. Ones where you have husbands name BEFORE and AFTER marriage and wifes name BEFORE and AFTER marriage.

I personally have the 3rd option so i could have COMPLETELY changed my name but I elected to only change my last name.

If you have the 2nd option you MUST write what you want the wife's name to be AFTER marriage. Her maiden name isn't written on it at all.

If you have the 1st option.. well.. the only LEGAL name change accepted based on this is usually the last name as there is written proof that you "can" take his name. Issue is, you have NO PROOF of her middle name change, just stuff you wrote on forms that got entered on a computer. It would be like changing her first name... there's no proof. Did you show him the SSN card? Did you show him drivers licence etc? Was that not good enough? I think you may just need to change all her things back to what her name is LEGALLY. Maybe visit a court house in your area to confirm your states "name change" laws? Someone there should be able to tell you whether you can change her middle name just using the marriage certificate.

Here are some articles I found on it:

- http://family-law.lawyers.com/Name-Changes-and-Document-Updates-After-Marriage.html

- http://www.ehow.com/how_4517169_change-legal-name-new-jersey.html (this here "If you’re a legal alien ready to become a U.S. citizen, you can also change your legal name. Talk to your Immigration and naturalization officer about having your name changed as part of your naturalization ceremony. They have to work with the court to make this happen." could work for you too

- http://boards.weddingbee.com/topic/nj-name-change-can-i-have-two-middle-names (this says that changing your middle name is a "true name change" and requires a court order)

Looks like you should try them doing it at the naturalization ceremony. Apparently there's a place on the N-400 form... perhaps you could amend that form given the current information?? here's a link on that: http://en.wikipedia.org/wiki/Name_change#United_States

Good luck, hope that helps.

Oh, worst case scenario, she goes to court following her naturalisation and changes her middle name via a court order. A pain because I'm sure she wants her "proper" name on the certificate. Hope it works!!

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Filed: Other Timeline

I agree, most females when they get married, the maiden name change from First Name, Mothers Last Name, Fathers Last Name TO First Name, Fathers Last Name (Becomes Her Middle Name), Husband's Last Name (Becomes Her New Last Name)

I would say 90% in this world follow the rules. I dont get why the Interviewer Officer is very confuse about this? That is why there's a question on every form regarding about the Maiden Name.... Oh well, the Officer needs more training. Since most of her identification are under First Name, Fathers Last Name (Becomes Her Middle Name), Husband's Last Name (Becomes Her New Last Name, there is no other possible reason why she have to use her maiden name plus a new last name under the husbands last name.

The officer is giving you a hard time, ask for another interviewer, or ask for someone who can understand, ask for a female interviewer...

Edited by 3Stars&ASun

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Filed: Citizen (apr) Country: Australia
Timeline

I agree, most females when they get married, the maiden name change from First Name, Mothers Last Name, Fathers Last Name TO First Name, Fathers Last Name (Becomes Her Middle Name), Husband's Last Name (Becomes Her New Last Name)

I would say 90% in this world follow the rules.

90% of people in your country?? Because DEFINITELY not in Australia. Or the UK. The STANDARD is First Name, Middle Name, HUSBANDS last name. This has changed of course with feminism and other such things.

Some people now hyphenate, some don't change at all, some put their maiden name as their middle name... MAJORITY only change their last name to their husbands name.. if changing their name at all.

Edited by Vanessa&Tony

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When we married my wife's first name stayed the same, but her middle name changed to her father's last name and her last name became my last name. When we went to immigration we were told that her middle name had to be that which was on her birth certificate. Even though all her documents had her middle name as her fathers, even the Green card. She naturalized with her middle name as immigration said, middle name same as birth certificate. As an American she had a couth order $18 and about one hour wait, to change her middle name back to her father's name. Then all The documents matched again and we did not need to change anything else. It just was not worth the effort to debate immigration. She passed the test, took the oath then changed her name back.

problem solved


October 22nd 2009 at 2:00 P.M. OATH COMPLETED

Oct. 22 9:05 A.M. Atlanta interview date for naturalization

Aug. 15 Received YELLOW LETTER, we are to bring to the interview state driver's license

Aug. 6, 2009 N.O.A. fingerprint appointment

June 29, 2009 Notice receipt date and priority date

June 25, 2009 Filed for naturalization

April 30, 2008 Filed for John's dual citizenship

April 24, 2008 JOHN BORN

Dec. 18, 2007 Completed first semester, an 'A' average

Sept. 21, 2007 Doctor reported, "your wife is two months with child"

Aug. 22, 2007 rose starts college

May 09, 2007 rose receives license to drive and drives us home.

Jan. 24, 2007 returned to Alabama

Dec. 28, 2007 remarried in Philippines, I promised her a Filipino wedding

Nov. 27, 2006 returned to Philippines

Aug. 01, 2006 rose receives P.G.C., no interviews here, no conditional card

July 25, 2006 received email - Approval

July 18, 2006 mailed update

July 07, 2006 R.F.E, update on income

June 26, 2006 We mailed hand-written letter requesting status of A.O.S.

Jan. 24, 2006 Biometrics completed, again

Nov. 02, 2005 R.F.E.

Sept. 20, 2005 A.O.S. transferred to C.S.C.

April 11, 2005 JAMES, BORN

July 22, 2004 A.O.S. receipt date, Atlanta

June 22, 2004 married

June 10, 2004 rose arrives in Alabama

May 23, 2004 Visa arrives

May 05, 2004 Embassy interview

Feb. 03, 2004 I-129 approved

Sept. 03, 2003 I-129 receipt date

Aug. 16, 2003 met Rose in Cebu

Jan. 20, 2003 mailed letter to her and waited

Jan. 20, 2003 read Rose's profile on website

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Filed: Timeline

When we married my wife's first name stayed the same, but her middle name changed to her father's last name and her last name became my last name. When we went to immigration we were told that her middle name had to be that which was on her birth certificate. Even though all her documents had her middle name as her fathers, even the Green card. She naturalized with her middle name as immigration said, middle name same as birth certificate. As an American she had a couth order $18 and about one hour wait, to change her middle name back to her father's name. Then all The documents matched again and we did not need to change anything else. It just was not worth the effort to debate immigration. She passed the test, took the oath then changed her name back.

problem solved

Hello..What was the procedure when you get to court? I will have the same scenario. The IO changed my name during the interview but as soon as I am approved and got my certificate I need to change my name back to where all the rest of my documents are. Would you kindly share the process?


N-400 Application

March 31, 2010 - send package

April 15, 2010 - received NOA

May 19, 2010 - Biometrics

June 28, 2010 - Interview ( passed )waiting for approval (due to the Service Center's mistake that I get to suffer)

July 8, 2010 - letter requesting to file I-751

July 16, 2010 - send copy of I-751

October 28, 2010 - approved

I-751 Removal of Condition

July 17, 2010 - send package

July 24, 2010 - package sent back requesting for Original GC

July 26, 2010 - resend package

July 27, 2010 - check cashed

July 31, 2010 - received 1 year extension

August 13, 2010 - received GC in mail

October 28, 2010 - approved with no biometrics and doesn't have to wait for the new GC

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Hello..What was the procedure when you get to court? I will have the same scenario. The IO changed my name during the interview but as soon as I am approved and got my certificate I need to change my name back to where all the rest of my documents are. Would you kindly share the process?

yes, this seems to be a problem for those who marry in the states. If you marry in the Philippines then our governemt approves the marriage name as on the Philippine document.

Each state has a different procedure. In Alabama the local counnty probate court does the change. We only needed proof of I.D. and residency. Then paid the fee and waited for a background check, less than an hour.

Pray that your solution will be as easy!


October 22nd 2009 at 2:00 P.M. OATH COMPLETED

Oct. 22 9:05 A.M. Atlanta interview date for naturalization

Aug. 15 Received YELLOW LETTER, we are to bring to the interview state driver's license

Aug. 6, 2009 N.O.A. fingerprint appointment

June 29, 2009 Notice receipt date and priority date

June 25, 2009 Filed for naturalization

April 30, 2008 Filed for John's dual citizenship

April 24, 2008 JOHN BORN

Dec. 18, 2007 Completed first semester, an 'A' average

Sept. 21, 2007 Doctor reported, "your wife is two months with child"

Aug. 22, 2007 rose starts college

May 09, 2007 rose receives license to drive and drives us home.

Jan. 24, 2007 returned to Alabama

Dec. 28, 2007 remarried in Philippines, I promised her a Filipino wedding

Nov. 27, 2006 returned to Philippines

Aug. 01, 2006 rose receives P.G.C., no interviews here, no conditional card

July 25, 2006 received email - Approval

July 18, 2006 mailed update

July 07, 2006 R.F.E, update on income

June 26, 2006 We mailed hand-written letter requesting status of A.O.S.

Jan. 24, 2006 Biometrics completed, again

Nov. 02, 2005 R.F.E.

Sept. 20, 2005 A.O.S. transferred to C.S.C.

April 11, 2005 JAMES, BORN

July 22, 2004 A.O.S. receipt date, Atlanta

June 22, 2004 married

June 10, 2004 rose arrives in Alabama

May 23, 2004 Visa arrives

May 05, 2004 Embassy interview

Feb. 03, 2004 I-129 approved

Sept. 03, 2003 I-129 receipt date

Aug. 16, 2003 met Rose in Cebu

Jan. 20, 2003 mailed letter to her and waited

Jan. 20, 2003 read Rose's profile on website

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Filed: Citizen (apr) Country: Colombia
Timeline

Wife also came from a country using that [First Name] [Middle Name] [her father's last name]-[My Last name] format.

Listed that way on her conditional and ten year green card and her SS card. She found this to be very confusing here with that Smith-Jones format, especially in things like the phone book directory. I also filled out our tax returns, even told her it not customary here to insert your dad's last name. At her N-400, she just wanted to drop the Smith part of her last name, as tough as her IO was, said that is no problem. Her certificate is using the [First Name] [Middle Name] [My Last name, her married name] format. And that is the way her US passport is. SS also had no problem in dropping her dads name.

Not really a name change, but more like an extra name drop.

On our marriage certificate, her name is listed as [First Name] [Middle Name] [her father's last name] which would also be her maiden name. She was previously married, but on her divorce, her name was legally changed back to her maiden name, so we had a paper trail. On like her credit cards and bank statements, they didn't have room to add her maiden name, so they told her it had to be left off. Most people in this country ignore that Smith-Jones last name and just use the very last name. So I am not sure why you are having a problem. Could be just your IO, some have some pretty strange ideas, would do an infopass and request to speak to a supervisor.

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Filed: Timeline

yes, this seems to be a problem for those who marry in the states. If you marry in the Philippines then our governemt approves the marriage name as on the Philippine document.

Each state has a different procedure. In Alabama the local counnty probate court does the change. We only needed proof of I.D. and residency. Then paid the fee and waited for a background check, less than an hour.

Pray that your solution will be as easy!

Thanks for the info.. I wish it will be fast once I am approved. I really appreciate the insight.


N-400 Application

March 31, 2010 - send package

April 15, 2010 - received NOA

May 19, 2010 - Biometrics

June 28, 2010 - Interview ( passed )waiting for approval (due to the Service Center's mistake that I get to suffer)

July 8, 2010 - letter requesting to file I-751

July 16, 2010 - send copy of I-751

October 28, 2010 - approved

I-751 Removal of Condition

July 17, 2010 - send package

July 24, 2010 - package sent back requesting for Original GC

July 26, 2010 - resend package

July 27, 2010 - check cashed

July 31, 2010 - received 1 year extension

August 13, 2010 - received GC in mail

October 28, 2010 - approved with no biometrics and doesn't have to wait for the new GC

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