N-400 "Legal Name" question when taking husband's last name

[Viking_in_Seattle 0]

Well, my wife from Vietnam has been an LPR for just over 3 years, so we are ready to apply for naturalization.

Of course, the very first question on the N-400 form has caused me great consternation.

My wife got a fiancee visa in July of 2009, and we were married in Las Vegas in September of that year. The marriage in and of itself did not change her name -- the state of Nevada doesn't do name changes via marriage.

When we applied for her conditional GC in late 2009, she elected to take my last name. Our attorney advised us to fill out the application using my last name rather than her maiden name. Of course we listed her maiden name elsewhere on the form.

USCIS issued an EAD and later her first GC with the new last name. The EAD was used at SSA to apply for her SS card, and also at the Washington State DMV for her drivers license. She now has her 10 year GC with her married name, as well as credit cards, bank accounts, etc .

At this point, only her Vietnam documents (birth certificate, passport, national ID card) carry her maiden name.

I've already researched this question and I see conflicting information everywhere. Some insist that you must use the birth certificate name for question 1 and apply for name change to be made at the Oath ceremony. Others say use the GC name. I see many making the incorrect statement that marriage

can be used to legally change the woman's last name. While true in some states, it wasn't an option in our case.

If indeed her "legal" name is still her maiden name, I find it incredibly odd that USCIS, SSA, and the State of Washington would allow something other than her "legal" name to be used.

Any advice? Anyone out there with the same conditions (married name on GC, but marriage itself didn't legally change the name) -- is so, how did you fill out the N-400? Did the IO agree with your choice or did you have to make a change?

thanks for your help.

[Udella&Wiz 325]

Not sure I see a problem - in the US her legal name is the one on her GC which she applied for appropriately. I changed my name when we married only in the US and applied for my conditional GC in my new husband's name. Every shred of US id and documentation I've had since AOS after marriage has been in my new name.

My now citizenship is also in my married name. There is no instruction saying you need to fill out your maiden name. I believe it asks anout former names and that would be the appropriate spot for her maiden name.

Good luck, no worries!

[marie09 5]

I got married in NV and took my husband's last name by using it on the AOS forms. and yes it became my legal name!

I changed my name at SS, DMV etc. Basically everywhere in this country.

At N400 I used my husband's name (what was on the green card) and had no issues. When doing the paperwork I did elect to do a name change however, as I wanted to add my maiden name as my middle name. At interview the IO verified that I wanted to take advantage of the free name change and change my legal name from first name, husband's last name to first name, maiden name, husband's last name.

So yes whatever's on the green card is her legal name.

[NickD 202]

Every women that marries and assumes her husband's last name has this problem, if it even is a problem. Birth certificate would always show the maiden name, marriage certificates, least the ones I have seen also show the maiden name, never the married name. But its that marriage certificate along with the birth certificate that first identifies that person, and that marriage certificate verifies the married name.

If that woman has a previous marriage, also need to carry the divorce papers, least for the USCIS, but with the banks, SS, and DMV, that birth certificate and marriage certificate is all that is required. Assuming after the divorce, that woman assumed her maiden name.

Assuming the married name for a woman is more of a traditional than the law. One example of this is on that IRS 1040 tax form, spaces in that form to write in two different names, what makes it a joint return is checking that filing as a married joint return. Know of several married women still using their maiden name, while they liked the guy, didn't like his last name, so they kept their own.