US Naturalization and Dual Citizenship

[Tahoma 2,291]

From one of the consulate web pages FAQ:

PASSPORTS

Q: I recently got married, do I need to change my surname and adopt the surname of my husband?

Married women have the option to retain their maiden name or adopt the surname of her husband or her maiden surname with the surname of her husband added. However, once she adopts her husband’s surname, she cannot revert to her maiden name unless her husband dies or the marriage is annulled or she is divorced by a foreign spouse. An authenticated death certificate, court decree or marriage certificate with the corresponding annotation are required for reverting to the maiden name.

http://www.philcongenmilan.net/faqs.html

^^^ I agree with this...even though it doesn't answer the OP's question.

[Hank_ 9,173]

^^^ I agree with this...even though it doesn't answer the OP's question.

... and that has been answered in many post(s) past.

The person changed their name at naturalization... so THAT is their legal name.

[Caryh 5,206]

Article 370 does not control what name a Filipina can have after marriage. It's only advisory. If you'll notice, Article 370 states: "A married woman may use:" For example, upon marriage, a woman may use her maiden name. Case law has settled this issue.

Also, RA 8239 does not address the issue.

Do you know of anyone who has one legal name in the U.S. and a different legal name in the Philippines?

Actually I do. They took a married name form in the USA that is not allowed in the Philippines. They were not allowed to get a passport in that name. This has most commonly happened when someone in the USA refused to let them move their old surname to the middle name position, resulting in the the maternal name being kept as the middle name in the USA, rather than replacing it with the old paternal surname. Usually they've ended up keeping the Philippines legal name as the old maiden name in the Philippines. And yes I'm aware, case law gave a woman the right to use her maiden name after marriage, but wrongly formed names are still not legally allowed without a court order.

RA 8239 gives the conditions under which a passport may be amended to a changed name other than the birth certificate name or when an AKA may be added to a passport.

[Hank_ 9,173]

^{When we started this stage of our journey we completed the SSN right after our wedding, this was done in the traditional Philippine way (states have ZERO say so in how this is completed), then we started the Adjustment of Status using the name as on the SSN, once we received the EAC my wife got her driver's permit with the name as shown on her SSN card and EAC. Following this process the states had little they could say about how the married name was done.}

Edited May 2, 2013 by Hank_

[Caryh 5,206]

^{When we started this stage of our journey we completed the SSN right after our wedding, this was done in the traditional Philippine way (states have ZERO say so in how this is completed), then we started the Adjustment of Status using the name as on the SSN, once we received the EAC my wife got her driver's permit with the name as shown on her SSN card and EAC. Following this process the states had little they could say about how the married name was done.}

I've noticed petty bureaucrats even at SS like to try and dictate how a name can change with marriage. We got my wife her SS card right after the wedding with more than enough time on the I-94. We chose the standard Filipino naming convention, but we also had the advantage of our state including the names before and after marriage right on the license and certificate. There's no room for a bureaucrat to treat their opinion as the law that way. The "You can't change the middle name with marriage" bias seems to be pretty common around the USA.

[Hank_ 9,173]

Arizona doesn't show the new married name on the marriage certificate.

As for petty bureaucrats at SS... ask to speak to their supervisor, there is no restrictions stated by SSA.

[Caryh 5,206]

Arizona doesn't show the new married name on the marriage certificate.

As for petty bureaucrats at SS... ask to speak to their supervisor, there is no restrictions stated by SSA.

Unfortunately supervisors can be petty bureaucrats to. That and some people are afraid to stand up for themselves and just go with whatever bureaucrat they're dealing with says.

I remember when I first got my drivers license at age 16, the woman at the DMV said I couldn't use my signature and made me sign in a way I had never done before or since. I didn't argue, I just wanted that friggen license and did as I was told. So I can understand how a new immigrant can get caught the same way.

[Hank_ 9,173]

Who would send their wife to SSA by themselves... ?

We had zero issue, but if someone does get a line of sh!t from a pimple at SSA they just need to push back some as they are voicing personal opinion not SSA reg.

[Caryh 5,206]

I know I wouldn't and didn't! But some guys don't stand up to them either. We only had great experiences with the people there. Everyone we dealt with was an immigrant themselves. When my wife had her green card, we went to remove the note from her SS card, the agent even got USCIS to correct her name in their system. She had her green card in her married name, but somehow the system where other agencies look up the status still showed her maiden name. The SS agent said don't worry about it, he's putting in a request to correct it and we'd get her card as soon as it was done. He even got back to us when it was changed in USCIS's system. You don't see that kind of service from government agencies too often.

Who would send their wife to SSA by themselves... ?

We had zero issue, but if someone does get a line of sh!t from a pimple at SSA they just need to push back some as they are voicing personal opinion not SSA reg.

[Hank_ 9,173]

That is one thing we have not done is remove the statement from her SS card yet, I guess we will need to plan a trip down to SSA.

[BB Family 299]

Ok here is a the complicated situation that i find myself in. Ill make it as simple as i can, i hope you can follow.

Ok before i came to the united states, an american began the process of adoption. Before the adoption was finalized i had gotten a Philippine Passport in my Birth Name. The adoption wasn't finalized until after i had arrived in the US. Once it was finalized my legal name became my adopted mother and fathers names as per Philippine Law. So i kept my first name, took my adopted mothers maiden name, and my adopted fathers last name. I never had any passport or ID made in my adopted name. The adopted father became abusive. Years later i met the man that would become my husband. When it was time to get married the only ID i had was in my birth name. We applied for a new Philippine passport but it didn't arrive in time. So we got married using my birth name. So on the marriage license it was my birth name and the new name just dropped my maiden name and gave me his last name (not following philippine law). When we applied for Permanent Residence, once again i used my current name but put my adopted name in the documents to show other names used, and explained why i don't use it. Now my permanent resident card is in my current name, the same used on my marriage license and all my IDs. In about 6 months we will be applying for naturalization. I need to know what name i should put as my legal name, and i want to use the N400 to legally change my name to my current name by court order.

Now in the philippines my Legal name is still my adopted name, even on my NSO Birth certificate. The Embassy in washington is holding my passport with my adopted name in it, and said they won't mail it back until i report my marriage. But doing so would be acquiring a 4th name( First name, adopted fathers surname, husbands surname).

So when i have my name legally changed on the N400 after naturalization then apply for dual citizenship, will the Philippines honor my US legal name change? Or will they still have me keep my adopted name and all that. I really want to get rid of that name because of how abusive my adopted father was and how my adopted mother would let it happen. And i don't ever want my children to ever know of that part of my past. Please advise. Thank you.

[Hank_ 9,173]

Your current married name is your legal name, its the same name used when your got your residency card and it will be the same name you use when you are naturalized. IMHO

Its understandable that the Philippines embassy is holding your new passport until you do Report of Marriage, I have read mixed info on how the Philippines reacts to non-traditional names, I have also read that the laws there were changed in the Philippines to allow non-traditional names now, but that many officials are sticking with the "old ways". All documents you have support your new (current) legal name, logic would say it wouldn't be an issue, but when has logic had anything to do with how things are done in the Phils.... I would suggest contacting the embassy in Washington, you know... talk to the correct end of the horse.

[BB Family 299]

Yeah we wasted a trip to washington last year, only to hear that we couldn't do anything until the report of marriage was mailed all the way to the Consulate in California as that is the consulate that has jurisdiction over the state we got married. I assumed that it being the actual EMBASSY they could do whatever they wanted. I was wrong. All they did was take my passport and say i had to do the report of marriage using my adopted name. Which i refuse to do. I am going to try to mail it in my birth name and see how that works out, its just $25.

Do you have a link to the new laws regarding non traditional names? As we could flash that in their face if they try to say anything different? We will be making another trip up there sometime this year. As were going to help a friend of ours apply for dual citizenship. Thanks again.

[Hank_ 9,173]

I read it some time back, most likely here on VJ, I don't know if there were links its been awhile, but odds are there were or I wouldn't have given it much thought, I just remember reading about it.

[Robb&Ann 101]

This is an interesting topic. i asked my fiance about name change too after marriage then to naturalization.i have had read lots of threads before regarding name change after marriage then to naturalization.

The thread are mostly posted by fil/ams.

there are post saying that they never had any problems when changing their name for SSN,DL, bank's acct, etc... but when they applied for AOS, they were told that they are not allowed to use the Philippine name after marriage which is (First name, Father's last, Husband's Last) instead some were told that their name in the US should be (First name, Mother's last, Husband's Last).

While some filipinas were also told when applying for SSN that they cannot use (First name, father's last, husband's last) instead use first name, mother's last and husband's last.

But in other state, they were not told that what they are doing is wrong.

For some they never had any problems with SSN,AOS,ROC but come naturalization, someone used the Philippine name which is (First name, Father's Last,Husband's Last) and were told that the name the girl using is wrong.and were told to change her name then since she is now naturalized.

but i believe that these name change differs from state to state.

With regard to Philippine passport, the Philippines wanted the traditional.. First name, Second name if any, father's last, husband's last)..

Now since me and my fiance knows that in the US I can not use all my name... if my name is Mary Ann Go, and my fiance's last is Smith; when changing my name in my passport, and reporting marriage abroad, it would appear, Mary Ann Go Smith. But i think in the US my name would be Mary Ann Smith or Mary A. Smith.. so as much as i wanted to use my father's last, we just decided to just give up my father's last and mother's last .. so the name that we will be using once I apply for SSN up to naturalization would be Mary Ann Smith but in reporting marriage abroad would be Mary Ann Go Smith.. i hope it wont give us problems.lol.

Edited May 13, 2013 by Robb&Ann