NJ DMV and Latino Last Names - Problem!

[M_&_R 77]

My fiance arrived from Mexico last month & we were married on 12/12/12. I am female, I am the USC, I am taking his last name. He is Mexican and has 2 last names, as is the norm there. I am taking the paternal last name, that is the one used when one or the other has to be chosen. Our son already has the paternal last name, I elected it on his birth certificate before we were married and before the K1 went through. My fiance goes by the paternal last name in common use anyway.

This is what happened:

My husband's name is listed on the marriage certificate just as it is on his other ID: HisFirstName HisPaternalLN HisMaternalLN. It was required to match his ID, and it's his full legal name. My name is on the marriage certificate is my birth name, and it's fine.

The day after we got married I went to social security and they had no issue changing my name to MyFirstName MyMiddleName HisPaternalLN based on our marriage license. My husband also applied for his card and got a receipt with the name HisFirstname HisPaternalLN HisMaternalLN. This matches his ID - although our names don't match each other. That's not a big issue at this time.

Then we went to DMV.

First they told him that he needs to provide his Mexican license with a translation - even though they will NOT cross-honor and he has to take the test. And it was NOT being used as one of his "6 points" of ID. So what do they want it for? Why do we have to get it translated and give it to them if they aren't using it to ID him and they won't honor it anyway?

Then they told me that based on my marriage certificate I could only change my name to MyFirstName MyMiddleName HisPaternalLN HisMaternalLN. They didn't care that social security already approved the change to HisPaternalLN, without HisMaternalLN.

DMV told me I have to either take both his last names, or get the marriage certificate amended.

I called the registrar where we got married. She says DMV is full of it, I'm entitled to take HisPaternalLN and not HisMaternalLN. She's calling the state to find out what to do, and calling me back. But she says there is no reason to amend the marriage certificate, because we were both correctly identified on it, it has no errors.

As far as I know, I have the option to change my name to whatever married form I want when I get married. I don't know who DMV thinks they are, trying to tell me what my name has to be when both the local government and the federal government have no problem with it.

If my husband's last name is different from mine & our son's until after citizenship, that's fine, and it's probably easier for the paperwork. But as far as my own name, I've never known my fiance by his maternal last name, I don't want 2 names and all the associated issues, and I want my name to match my son's. I'm pretty upset with DMV right now.

Has this happened to anyone else - USC being "forced" to take 2 last names per the latino custom?

M

[Harpa Timsah 13,258]

There are a few posts on here from member "IQuit" that states that per SSA you can change your name to any combination of your last name and husband's last name. Whether it be hyphenated, or not etc.

I am confused why the DMV doesn't take your new SS card as a form of ID and proof of your new name. Do you have your new card yet? I might wait until you get that.

[Ryan H 3,796]

Moved from Adjustment of Status from Family Based Visas to Mexico, Latin & South America regional forum; topic is not about the AOS process itself.

OP, I have no answers to your questions but I do sympathize with your difficulties with the driver licensing authority. My wife learned first hand why they are one of the most loathed agencies in the US shortly after she arrived here last year and we tried to obtain a state ID card for her.

Edited December 18, 2012 by Ryan H

[M_&_R 77]

There are a few posts on here from member "IQuit" that states that per SSA you can change your name to any combination of your last name and husband's last name. Whether it be hyphenated, or not etc.

I am confused why the DMV doesn't take your new SS card as a form of ID and proof of your new name. Do you have your new card yet? I might wait until you get that.

I had the receipt from SSA in my hand, and told them I'd come back with the card. They said they don't care, they have to see the marriage certificate in order to make the change, and once they see that certificate they won't do it.

You've given me an idea though - I'm going to research SSA's rules myself. Thanks

M

Moved from Adjustment of Status from Family Based Visas to Mexico, Latin & South America regional forum; topic is not about the AOS process itself.

OP, I have no answers to your questions but I do sympathize with your difficulties with the driver licensing authority. My wife learned first why they are one of the most loathed agencies in the US shortly after she arrived here last year and we tried to obtain a state ID card for her.

Thanks for the support - sorry you had a bad experience as well!

M

[KayDeeCee 4,892]

Same thing happened to me in FL. The SSA will change your name to whichever you choose, BUT the Real ID system in place at the DMV will not accept anything other than what is printed on the marriage certificate. I had to return to the SSA and change my name from just his paternal last name to both, then go back to the DMV in order to get my license. I fought with the DMV for a long time, and the supervisor there insisted that is the law in FL so I am out of luck. She even actually tried to enter just the paternal name for me in their computer system to see if she could run it through for me, but no.. it would not allow it because BOTH names had to match EXACTLY on the SS card and marriage certificate. Since both his last names appeared on the marriage certificate, that is what I had to change my name to and nothing else. SSA blamed the DMV and the DMV blamed the SSA. I wish this state had the option of listing what you choose to be your married name on the marriage license instead of how it is now.

Anyway, legally I have both his last names now just like he must use both for all legal forms. We just use the one paternal last name, as is customary, for the everyday more casual things in life. Our credit union had both ways listed because I sign things using only the paternal name and not both. So far I have had no problems. I did get our checks printed with both names though so they would match our IDs. For the doctor and pharmacy, I also have it set up with just the one last name and no problems there either.

I know it sucks and is a pain, but I did what I needed to in order to get my ID straight and get on with our lives. I can always pay to change it through the courts later if I ever decide to.

SSA will change it to what you want, that is allowed, however, since an SS card is not a form of ID, no one will accept the SS card as a form of proof of name change. Only the marriage certificate acts as proof of name change, and for the Real ID laws, you must use the name listed for your husband on the marriage cert.

Edited December 17, 2012 by Jay-Kay

[N-o-l-a 7,167]

Could you not go through a name change at the local probate court? Married women don't usually need to do that, but it is any option if you don't want both last names forever. DMV will have to honor such a document.

[M_&_R 77]

Could you not go through a name change at the local probate court? Married women don't usually need to do that, but it is any option if you don't want both last names forever. DMV will have to honor such a document.

I don't know, I'll have to see what that would cost and how long it would take.

This is bullshit. I read Jay-Kay's reply as well, and it's ridiculous that they won't allow election of a single family name on the event of marriage.

I wrote to my representative in congress and asked him to help me get a driver's license with the correct name on it. If this isn't allowed, it's ridiculous and should be changed. It's not ok to force US citizens who are not attempting to commit any kind of fraud to take two last names if they marry an individual from a country where two last names are customary. If that's the case, the US citizen should have the right to elect the single last name that they prefer to use here, where we use one last name.

Totally out of control.

M

[Villanelle 4,121]

Sadly theyre not going to be able to help you.

Youre only option would be to get the marriage certificate amended to show one last name- then go down and have your name changed, or change your name to both last names and then file paperwork to have your name changed in court to one last name.

To change your name in NJ it costs 200$ in court costs, but depending on where you live and how busy the court is, it could take up to 6 months to get a court date. (overall the process isnt that hard, you fill out a basic form at the courthouse, then you go to the newspaper office with a copy of your filing receipt and pay an extra fee to get it published in the paper, you show up for your hearing, tell them why you want it changed, and you should be approved.) You then will have to get copies of the order from the clerk (which they may charge a few bucks for) and then go back to DMV and pay for a new DL.

From their perspective his last name is 'two words' X and Y. You dont get the option to say I only want to use X and drop Y. The last name is X space Y. It would be the same thing as if the last name was Smithsonian and you said I just want to keep the 'smith' and drop the 'sonian'

[KayDeeCee 4,892]

This is bullshit. I read Jay-Kay's reply as well, and it's ridiculous that they won't allow election of a single family name on the event of marriage.

I completely agree. My husband finds it so odd and wrong that I have both his last names now because as you know, that is not the culture and tradition in Mexico. I should have only taken his paternal last name. I have not decided if I wish to pursue the name change through the courts here yet or not. It is a ridiculous, round-about way to have the name I wanted and should have been able to take after I was married.

I am not sure you could get the marriage certificate amended to show only one last name for him since legally he has 2 last names and his full legal name needed to be on the marriage license and certificate. Not sure how the DMV thought you could manage that one.

Edited December 17, 2012 by Jay-Kay

[M_&_R 77]

I completely agree. My husband finds it so odd and wrong that I have both his last names now because as you know, that is not the culture and tradition in Mexico. I should have only taken his paternal last name. I have not decided if I wish to pursue the name change through the courts here yet or not. It is a ridiculous, round-about way to have the name I wanted and should have been able to take after I was married.

I am not sure you could get the marriage certificate amended to show only one last name for him since legally he has 2 last names and his full legal name needed to be on the marriage license and certificate. Not sure how the DMV thought you could manage that one.

You're right - the marriage certificate can't be amended, because there is nothing wrong with it. He has 2 last names. The problem is the complete lack of cultural sensitivity in the DMV. He doesn't have one, two-word last name. He has two last names - they are even labeled that way on Mexican ID and entered on separate blanks: apellido paternal and apellido maternal. If DMV chooses to see it as one, two word name, they're simply wrong.

That said, there isn't much I can do to change DMV.

I'm looking at a few options, not sure how it will be accomplished. In the long run, I'll have the name I want. It's pretty unreasonable to insist I pay $200 and wait extra time for it, but if I have to I will.

Just didn't foresee this particular hurdle.

Thanks for the replies.

M

[dooner 0]

I have a Dutch last name, like "Vincent van Gogh", and they made me compress it into one word. Very annoying, and a little insensitive. All my Federal documentation is like "van Gogh", lower case "v" and all. Jerks.