Step-Daughter wants my last name.

[deer 1]

Hi, our 13 year old daughter is due to arrive from China in September and we are getting ready to enroll her in school and getting a jump start on her AOS. I am the USC petitioner and am wondering if we would have any problems when she arrives and we go to Social Security and have my last name put as her new last name. She has never known her bio father, he abandoned them at 7 months of age, and she knows me as her father, which I am, as far as I am concerned. Up to now her last name has been my wife's maiden name. My wife changed her maiden name to her middle name when she took my last name when we married. We are expecting a child in October and don't like the idea of three of us having one last name and our oldest having a different one. I am just wondering if this is anything we need to worry about as far a having problems with S.S. or are we just worrying over nothing? Thanks!

[Darnell 8,478]

Actually, you might be able to 'auto-adopt' her, once she's in USA , and she'd get US Citizenship quickly after that, and THEN can use your last name.

I'll dig around this evening for this tidbit - IIRC, she qualifies because of AGE . Several other CHINA VJ members have done this, as well, in the past. I do think it's limited to I-130 petitions, though - I'll have to dig a bit.

OK - it's called the 'Child Citizenship Act' - see http://travel.state.gov/visa/immigrants/types/types_1312.html

I THINK SHE'D QUALIFY, as technically, that K-2 is viewed as an immigrant visa. But hei - I'm really rusty on this topic - dig around a bit, make sure you (The USCitizen) qualify.

Now - other legal stuff that I *do* know about -

a legal name change can be done at a courthouse, for a minor. Pay the fee, done 'same day' as filing, usually, if the docket isn't too full with the judge - requires 'face time' with the judge, as well.

She's coming in as a K-2, so she won't be eligible for a SSN until she has a greencard or EAD document (or is it both? grrr) . It may be that she won't be eligible for citizenship under CCA guidelines until she has greencard in hand, though - see http://www.visajourney.com/forums/topic/230700-child-entering-on-cr2-visa-n-400-vs-passport/page__view__findpost__p__3529200

Edited August 4, 2010 by Darnell

[edp333 9]

SSA is going to use the name on the child's immigration document as the child's legal name, unless you provide a legal name change document and for a child that going to be either a court ordered name change or a adoption decree.

Pehaps the name can be changed during AOS, but I am not that familiar with K-2. Maybe someone with experience in this area wil reply.

[Darnell 8,478]

yup - that 'legal name change document', gotten at local courthouse, will be the 'fastest way' to change name, IMO.