AOS

[James and Cynthia 70]

Hi to all vj members, i want to ask what we need to do first before i file out our AOS form?im planning to go to SSN office today to change my name,i want to change my daugther surname like mine too,do you think guys that i can do that in my daugther before filling our AOS?thanks...i will do appreciate your answer,have a great day to all..

[VanessaTony 3,567]

You may not be able to change the child's surname. Usually they won't allow that unless the child has been adopted. Just FYI.

[James and Cynthia 70]

You may not be able to change the child's surname. Usually they won't allow that unless the child has been adopted. Just FYI.

Why would they not allow us to change her name unless she is adopted? Isn't it up to the partents of the child on whether or not to change a name? She has no father, and her mother is the only one on the birth certificate. So that means only the mom needs to approve. Right? Have you seen any documentation saying other than that? If so, I could see it because this may be a big problem for us now. I have already filed change of status at work and for insurance using the child's new name. I have also filled out the AOS documentation with the new name, however, I haven't sent that in yet.

As for changing my wife's last name, we were too late at the SSN office and they said we have to wait for her greencard. Her I-95 expires in less than two weeks now. I've already used her new name on the AOS documents which I'm waiting to send. Does it really matter that the SSN won't file the change until later?

-James

[VanessaTony 3,567]

Why would they not allow us to change her name unless she is adopted? Isn't it up to the partents of the child on whether or not to change a name? She has no father, and her mother is the only one on the birth certificate. So that means only the mom needs to approve. Right? Have you seen any documentation saying other than that? If so, I could see it because this may be a big problem for us now. I have already filed change of status at work and for insurance using the child's new name. I have also filled out the AOS documentation with the new name, however, I haven't sent that in yet.

As for changing my wife's last name, we were too late at the SSN office and they said we have to wait for her greencard. Her I-95 expires in less than two weeks now. I've already used her new name on the AOS documents which I'm waiting to send. Does it really matter that the SSN won't file the change until later?

-James

The child didn't marry you and so has not undergone a legal name change. You can apply for a court order but previous posts on this topic have said adoption is required.

Here's a few posts:

- http://answers.yahoo.com/question/index?qid=20081226074423AAupojv

- http://www.ehow.com/how_4865554_legally-change-child_s-last-name.html

Don't be surprised if you get an RFE for the childs petition requesting proof of name change. Of course you could get lucky, which is why I said "You may not be able to..." as opposed to "you WILL not"

[James and Cynthia 70]

The child didn't marry you and so has not undergone a legal name change. You can apply for a court order but previous posts on this topic have said adoption is required.

Here's a few posts:

- http://answers.yahoo.com/question/index?qid=20081226074423AAupojv

- http://www.ehow.com/how_4865554_legally-change-child_s-last-name.html

Don't be surprised if you get an RFE for the childs petition requesting proof of name change. Of course you could get lucky, which is why I said "You may not be able to..." as opposed to "you WILL not"

These posts are talking about getting permission from the father, but in this case, there is no father. Only the mother is on the birth certificate. I have not sent in the AOS papers yet, so I will change them to her original name to avoid an RFE. Then after her greencard comes, we will work on how to change the legal name. Since I have already submitted a change in status for my insurance using her new name, I believe we can just use that for medical and school things. Is there any reason we can't do that?

Thanks for the info.

-James

Edited July 20, 2011 by James and Cynthia

[Jojo92122 1,924]

These posts are talking about getting permission from the father, but in this case, there is no father. Only the mother is on the birth certificate. I have not sent in the AOS papers yet, so I will change them to her original name to avoid an RFE. Then after her greencard comes, we will work on how to change the legal name. Since I have already submitted a change in status for my insurance using her new name, I believe we can just use that for medical and school things. Is there any reason we can't do that?

Thanks for the info.

-James

While what you want to do may be legal in many states, the usage of two names could create confusion and may not be practical.

How are you planning on enrolling her in school with her new name? All her legal documents (i.e., birth certificate and green card) will have her old name.

If your daughter ever needs to submit proof of her identity and her school or medical records, she will have two different names. Where is the documentation proof that the two names belongs to the same person?

Generally, the documents used to prove a name change is a marriage certificate (changing the family name to that of the other spouse) or a court order.

I would recommend that you get documentations that she is legally changing her name.

[Jojo92122 1,924]

The US government and most state governments will not issue IDs or other documents in the new name without documentation. Imagine every criminal changing his name and being able to get a government ID with the new name.

It's really easy to change a person's name legally. Google "changing name of child in (your state)" and follow the court procedure.

If you are in Oregon, try these links;

http://www.ehow.com/how_6112366_legally-change-child_s-name-oregon.html

http://www.google.com/search?q=changing+name+in+oregon&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a#sclient=psy&hl=en&client=firefox-a&rls=org.mozilla:en-US%3Aofficial&source=hp&q=changing+name+of+child+in+oregon&aq=f&aqi=&aql=&oq=&pbx=1&bav=on.2,or.r_gc.r_pw.&fp=804c136e9e03bc4a&biw=1366&bih=525

Edited July 20, 2011 by Jojo92122

[James and Cynthia 70]

While what you want to do may be legal in many states, the usage of two names could create confusion and may not be practical.

How are you planning on enrolling her in school with her new name? All her legal documents (i.e., birth certificate and green card) will have her old name.

If your daughter ever needs to submit proof of her identity and her school or medical records, she will have two different names. Where is the documentation proof that the two names belongs to the same person?

Generally, the documents used to prove a name change is a marriage certificate (changing the family name to that of the other spouse) or a court order.

I would recommend that you get documentations that she is legally changing her name.

You are correct. It could make things difficult and the schools probably won't use her new name without proof.

The US government and most state governments will not issue IDs or other documents in the new name without documentation. Imagine every criminal changing his name and being able to get a government ID with the new name.

It's really easy to change a person's name legally. Google "name change in (your state)" and follow the court procedure.

I guess we'll start working on this now. Thanks.

-James

[Jojo92122 1,924]

You are correct. It could make things difficult and the schools probably won't use her new name without proof.

I guess we'll start working on this now. Thanks.

-James

Best of luck to you and your family.