Unusual name change situation

[foreignrelations 1]

My fiance has his visa interview later this month, and I'm trying to plan ahead for when we get to the States. I think that one of our first orders of business should be to legally change his name. Some background: he's a member of a minority ethnic group within China, so what he would consider his "real" name (Ablajan) has been sort of awkwardly transliterated into four Chinese characters (A-bu-la-jiang) for his ID card, passport, etc. That's common in China; what's not common is that he has only a first name, no family name. And oh, it gets worse: for some reason, according to his passport, he actually has a family name but no first name. Rather than leaving the first name blank, they put an "XXX" there. So on all his visa application forms, his name is listed as "XXX Abulajiang."

Thus, I think it would be best to change his name as soon as possible after we get to the US (to Ablajan + a family name he's chose for himself). That way he won't have to use his very awkward-seeming name on official documents, then change everything at some point in the future. He can't do the name change in China because 1. his "new" name is not a Chinese name, and 2. he doesn't have time at this point to get a new passport before his interview. But I've seen on a few related forums that you have to have a green card to do a name change--is that right?

[Gary and Alla 3,694]

My fiance has his visa interview later this month, and I'm trying to plan ahead for when we get to the States. I think that one of our first orders of business should be to legally change his name. Some background: he's a member of a minority ethnic group within China, so what he would consider his "real" name (Ablajan) has been sort of awkwardly transliterated into four Chinese characters (A-bu-la-jiang) for his ID card, passport, etc. That's common in China; what's not common is that he has only a first name, no family name. And oh, it gets worse: for some reason, according to his passport, he actually has a family name but no first name. Rather than leaving the first name blank, they put an "XXX" there. So on all his visa application forms, his name is listed as "XXX Abulajiang."

Thus, I think it would be best to change his name as soon as possible after we get to the US (to Ablajan + a family name he's chose for himself). That way he won't have to use his very awkward-seeming name on official documents, then change everything at some point in the future. He can't do the name change in China because 1. his "new" name is not a Chinese name, and 2. he doesn't have time at this point to get a new passport before his interview. But I've seen on a few related forums that you have to have a green card to do a name change--is that right?

name changes are not an immigration issue. USCIS will allow you to change names within the laws existing regarding marriage. You can do so when you file for AOS. You can accept your spouses name as a married name. Other than that name changes are a matter for state courts. You can also do a legal name change with a judge's approval at the time of citizenship. Check with your local family court regarding what would be needed for a legal name change.

[Kukolka 8]

I was looking for info on this before my husband came here on a K-1 visa. This is the order we did things related to his name change:

• Filled out the marriage license; Registered with Selective Service; Applied for SSN (first week here)
  
• He received his SSN card in the mail
  
• Got married (2 weeks after POE)
  
• The JP who officiated personally delivered the signed marriage license to the Town Clerk's office the day after the wedding.
  
• Got certified copies of the marriage certificate (3 days after wedding)
  
• Went that day to the local probate court to petition for name change. I think they said they would schedule appointments for our hearing dates and it would take about a month. I requested it be expedited if possible, for Adjustment of Status. They scheduled our hearings for about a week later.
  
• Showed up to hearings, swore in, confirmed we weren't wanted for any crimes, and that the names on the petitions were what we wanted our names changed to, and the judge granted our name changes.
  
• Update name with SSA
  
• Update name with Selective Service
  

I suggest looking up your state's laws for adult name change, and if any questions, calling the courthouse that services your town to inquire.

The law may include wording about being a resident of the county. It's a different concept from "legal permanent resident". Once he moves in with you, he'll be a resident of the county you both live in, because that's where he resides.

[Darnell 8,478]

for a legal name change, can walk into the county court, talk with the clerk of the county court, inquire for process.

Usually, it's an affadavit to be presented to the judge, the person wanting the change talks to the judge, then the person is sworn, some statements are made, then the judge signs the name change order.

With the name change order IN HAND, he can then change his name in the USA.

I say get it done prior to filing for the marriage license - ie - the first thing to do when he hits dirt in USA.

no USCIS involvement.. but be certain to show a copy of this document when filing for AOS.

Good Luck !

Edited March 11, 2012 by Darnell

[aaydrian 479]

My fiance has his visa interview later this month, and I'm trying to plan ahead for when we get to the States. I think that one of our first orders of business should be to legally change his name. Some background: he's a member of a minority ethnic group within China, so what he would consider his "real" name (Ablajan) has been sort of awkwardly transliterated into four Chinese characters (A-bu-la-jiang) for his ID card, passport, etc. That's common in China; what's not common is that he has only a first name, no family name. And oh, it gets worse: for some reason, according to his passport, he actually has a family name but no first name. Rather than leaving the first name blank, they put an "XXX" there. So on all his visa application forms, his name is listed as "XXX Abulajiang."

Thus, I think it would be best to change his name as soon as possible after we get to the US (to Ablajan + a family name he's chose for himself). That way he won't have to use his very awkward-seeming name on official documents, then change everything at some point in the future.

Why not try and separate his 'real'/Chinese translated name to get a surname and Christian (not to be taken religiously) name? That way it's easier for your fiancée to adjust to a first and last name, he will always know when someone is addressing him and he will get to keep his entire identity as it relates to his name.

[foreignrelations 1]

Thanks to all who've replied. I did check the requirements for my state before I posted the question (online, since I'm still abroad), and they don't say anything about needing to be an LPG, but they do say you need to get an FBI criminal background check, which can take awhile. So unless we can sweet-talk them into waiving this for someone who's only been in the country for a few days, it looks like he'll be stuck with his current passport name for a bit.