Change of middle name after marriage not allowed?

[jft 12]

After we got married my wife changed her last name to mine and also changed her middle name to her former last name. All of this is legal under Washington State common law and the state changed her drivers license to match. However at our interview we were told that while changing her last name was ok for the federal government to recognize a middle name change wed need to do it in a court which involves 6-8 weeks time and a fee of $130.

However Washington State law is very clear about name changes and offers three ways to do so, either the common law way via marriage, by a sworn affidavit of name change or through the courts. Which of these options would be accepted for the green card? Strangely enough her Advance Parole card letter does have the correct middle name though the card itself has only the initial. But luckily for us both her former middle name and new middle name start with the same letter so theres no need to get a new one no matter what the final disposition of her middle name is.

[KayDeeCee 4,893]

Should be allowed if it is legal to do so in your state when you marry. Sounds like the IO was trying to say the federal law they use trumps the state law? If it comes with the wrong middle name, you could try sending in the I-90 and stating it was USCIS error(so you do not have to pay the fee) that the green card came in the wrong name and provide the state documentation that shows her middle name change at the time of marriage. It may or may not work. It would be worth a shot before doing the court order change.

[Neonred 3,575]

If you are really patient you can change any part of the name at naturalization.

Edited March 7, 2014 by Neonred

[jft 12]

Should be allowed if it is legal to do so in your state when you marry. Sounds like the IO was trying to say the federal law they use trumps the state law? If it comes with the wrong middle name, you could try sending in the I-90 and stating it was USCIS error(so you do not have to pay the fee) that the green card came in the wrong name and provide the state documentation that shows her middle name change at the time of marriage. It may or may not work. It would be worth a shot before doing the court order change.

She got a I-797 today saying that the green card will be issued and the I-797 has the wrong middle name. So I assume well have to do something. Ill see about getting a affidavit of name change document for her and see if that is good enough.

[jft 12]

Should be allowed if it is legal to do so in your state when you marry. Sounds like the IO was trying to say the federal law they use trumps the state law? If it comes with the wrong middle name, you could try sending in the I-90 and stating it was USCIS error(so you do not have to pay the fee) that the green card came in the wrong name and provide the state documentation that shows her middle name change at the time of marriage. It may or may not work. It would be worth a shot before doing the court order change.

Looks like if we go the court-ordered route it will be $130 for the name change and $450 for a new green card so I hope we can win the argument that it was a mistake!

[jft 12]

The green card arrived with the wrong name and the SS office would only change her SS name to the same. We're both really frustrated now and wonder if we'll have to wait till naturalization to fix it.