Latin Surnames and K2

[vancedan 5]

I know in the FAQ it suggests using both; however, as we only use one surname in the United States and the "father" of my step-daughter abandoned her, understandably my wife was asking if she on the AOS forms if we can only use the maternal apellido, especially as strictly speaking it IS the last name. Thanks

[VanessaTony 3,567]

I know in the FAQ it suggests using both; however, as we only use one surname in the United States and the "father" of my step-daughter abandoned her, understandably my wife was asking if she on the AOS forms if we can only use the maternal apellido, especially as strictly speaking it IS the last name. Thanks

Your question is confusing to me. Are you asking whether you can change the step-daughters last name? Or the mothers? You cannot change the child's name due to your marriage to her mother. Your state laws will explain how to go about a legal name change for the step-daughter. USCIS requires proof of the "trail" of the name change. As the step-daughter presently has no documentation to explain the name change then she can't change it. Like I said, look into the state name change laws. You could get get first GC under her current legal name, then go through the name change process for her and then come ROC change then ame then OR wait for naturalisation (if they're going there) when a name change is possible (but seeing its the child I'm not sure whether you need her fathers permission to change her name).

[ngant17 1]

My Cuban wife's full name is Vilma Ferrer Garcia. After we were married, she never wanted to add my last (paternal) name and she is now just Vilma Ferrer (maternal surname dropped out, paternal surname is now the last name). It's exactly that way because it will create a lot less confusion going from Latin to Anglo culture. Her SS card, drivers license, work permit, insurance, ect. all use the shorted version. If you continue to use maternal surnames, it will cause confusion because in Anglo culture, paternal surnames are always last. It works fine for us.

Actually, I think you legally could use any name you want as long as you will be consistent about it.

I know in the FAQ it suggests using both; however, as we only use one surname in the United States and the "father" of my step-daughter abandoned her, understandably my wife was asking if she on the AOS forms if we can only use the maternal apellido, especially as strictly speaking it IS the last name. Thanks

[Alianza Terps 12]

My Cuban wife's full name is Vilma Ferrer Garcia. After we were married, she never wanted to add my last (paternal) name and she is now just Vilma Ferrer (maternal surname dropped out, paternal surname is now the last name). It's exactly that way because it will create a lot less confusion going from Latin to Anglo culture. Her SS card, drivers license, work permit, insurance, ect. all use the shorted version. If you continue to use maternal surnames, it will cause confusion because in Anglo culture, paternal surnames are always last. It works fine for us.

Actually, I think you legally could use any name you want as long as you will be consistent about it.

My husband dropped his maternal last name since it sometimes causes confusion in the U.S. as to which is the dominant and used last name. On the AOS forms, we put his first name, middle name and paternal last name and then whenever the forms asked for "Other Names Used" we put his entire name with both his maternal and paternal last names.

I would think that if you decided to drop the paternal last name and go with the maternal last name instead it wouldn't be a problem as long as you put both last names under all other names used. This is only my reasoning so maybe wait and see if anyone else has some input

[yachachiq12 43]

I don't have any idea what to suggest, as we always assumed we needed to keep both the paternal and maternal last names and did (my husband uses just the paternal for his daily life, CV, etc., but both for paperwork). OP, can you keep us updated on how this goes for you? I'm sure a lot of people would be interested to know if there are hard and fast rules about adhering to the birth certificate, passport, etc. That said, I think the name on the visa and the passport need to match, no?

Interesting issue! Please let us know.

[yachachiq12 43]

Tried to edit to add another thought I had, but it was too late: I see you're AOSing, so the passport is a moot point.

However, if you and your wife don't have a problem with her formal name on IDs being one thing and her name used for everything else another, it shouldn't be a big problem in her future. I have a strange first and last name and it gets mis-spelled when signing up for phone service and the like. Hence, on my background checks I just have an alias section they include. It's obvious they aren't criminal aliases and no one has ever made a fuss about it.

I can imagine how you feel about the paternal apellido just being forgotten altogether. Might be best resolved after the AOS? I wish someone would write a comprehensive guide to changing your name in the middle of immigration matters, since it's so expensive to have to replace a resident card. Even when dealing with Social Security, conflicting reports come back about what should be done.

[VanessaTony 3,567]

There is NO problem with the wife changing her name. She can drop both or one of her maiden surnames, she can even change her middle name, but not her first. To do so she simply write the name she wants on her AOS papers. As long as the name is some combination of her first name and either her maiden names or her husbands surname there will be no issue.

if the OP is planning on trying to change the step-daughters however, that's a different issue.

Edited September 20, 2011 by Vanessa&Tony

[vancedan 5]

Thanks for the help and especially from Alianza. To the confusion I caused, we're NOT trying to get her to take my surname. IF anything, we were advised by a lawyer (adoption) that although it's tempting, it doesn't look good to some judges, so just wait for adopting her and then she can take my surname. Rather, dropping the paternal surname, and I think that's exactly what we'll do, since strictly speaking the maternal name IS the Last name. In addition, it's already on her insurance cards, and the documents we've used here. That said, I'll let you know what happens, and hopefully there won't be any RFE.

Thanks!

[EminTX 131]

Here is my take on the name situation.

I work in a major city's ER. A patient comes in and her granddaughter fills out the paperwork for her. What is written is (for example) Maria Cortez Sanchez. So, the doctor asks, "What is your name" and gets "Maria Cortez". There are 22 Maria's in the ER so that name is zero help. The space for the name on the computer screen/paper may or may not have enough space for both last names. The doctor may be looking for Ms Sanchez. Nope, it's not this one so he excuses himself and wastes time trying to locate his patient. He gets called to a trauma, as he is rushing that way, he sees me and asks me to please do a quick exam on the patient in room 6--because she needs it but he doesn't use her name because he can't figure out for sure who she is. I go and look and ask her name. Again, she does not make sure her information matches and I refuse to do the exam until the patient can get her story straight. The number of people who are here illegally and can't remember the name they are using certainly does not help one bit, either.

An additional issue is the option of the typist. It can be:

Maria Cortez Sanchez (First middle Last) as is the custom in THIS country.

Maria Cortez-Sanchez (as the names is the custom when using both names in this country)

Maria Cortezsanchez (this is the easiest for us most of the time and the one that we are using--I just wish it would be short like this one, though.)

Maria Cortez

Maria Sanchez

Maria Nanci + all of the above options.

It only make it more fun in that every piece of software for each individual computer program has it's own way of displaying the name. (We have one that automatically assigns a string of numbers for a comma. Try deciphering a name with 50 digits mixed in it.)

The moral of the story, PICK ONLY ONE NAME, DANGIT! USE THAT ALWAYS. This way, when half your brain is hanging out after an accident, you can keep your story straight.

BTW--It seems that if Social Security gets any information wrong, that is simply the way it is and you need to learn that. This seems to not be uncommon for birthdays. Don't bother telling or writing down the real one, just switch to the one on record and live with it. This way, there is less of a chance of a delay in your care in the ER where it really matters. (And less delays on every bit of paperwork forever when it is consistent.)

Okay, okay--enough ranting from me. But here is one more thing that I simply don't get:

My other half wants to retain both his last names AND use mine, too. I told him firmly NO. Not gonna happen. Your name is not a trophy, it is a practical thing for identification...not bragging rights. I have spent countless hours uselessly trying to correct that BEFORE caring for patients and I never want such silliness to stand in the way of getting things done when every moment counts.

[vancedan 5]

Tried to edit to add another thought I had, but it was too late: I see you're AOSing, so the passport is a moot point.

However, if you and your wife don't have a problem with her formal name on IDs being one thing and her name used for everything else another, it shouldn't be a big problem in her future. I have a strange first and last name and it gets mis-spelled when signing up for phone service and the like. Hence, on my background checks I just have an alias section they include. It's obvious they aren't criminal aliases and no one has ever made a fuss about it.

I can imagine how you feel about the paternal apellido just being forgotten altogether. Might be best resolved after the AOS? I wish someone would write a comprehensive guide to changing your name in the middle of immigration matters, since it's so expensive to have to replace a resident card. Even when dealing with Social Security, conflicting reports come back about what should be done.

Her'es what we did find out. We could get rid of names, but not add. So, we were able to drop the paternal apellido and a middle name that nobody want, so we were glad that when her NOA came it had her name almost how we wanted. So, basically what you put on the cover sheet and I-485, will be the name for USCIS, as long as it resembles the passport.