N-400 change to married name, GC and passport in maiden name

[ihelp555 0]

Hello Folks,

I am getting ready to file my N-400 and needed some guidance on how to handle name change for my wife.

Here is some bacground...

My wife has her GC, Passport, DL, SSN and all other documents in her maiden name.

When applying for her citizenship, she would like to change to using her married name.

Few question when filling in N-400 from people who are in the similar situation as to what are the correct answers.

1) In my (Husband's) N-400 what should I mention under my wife's Current legal name. Will it be her married name or the maiden name per her GC and other docs. Note that we want to use married name for her citizenship application.
(I would think it would be her married name since she can choose to use that name legally by law)

2) What will be my wife's legal married name here in US? Will it be <GIVEN NAME> <MARRIED LASTNAME> or I can use <GIVEN NAME> <HUSBANDS NAME> <MARRIED LASTNAME> as is the custom in my family.

3) In my wife's N-400 app. under her current legal name can she mention her married name and mention her maiden name as it appers on GC under "Your name exactly as it appears on permanent resident card"? Will this be enough for the naturalization cert to be issued in her married name or I will have to use the "Name change" section.

Thanks in advance for all your responses.

[TamTamtheLion 1]

If your wife didn't change her name on all of her documents, her legal name is still her maiden name. You can fill out the name change section for her in the N-400 to whatever you want. When you both file, you need to use her legal name everywhere, which is her maiden name.

Your other option is to first go to the social security office with your marriage certificate and change it there. Then you take the new social security card to the dmv and change the driver's license. Then you have to fill out the I-90 to change her name on the green card.

The N-400 name change seems to be the easiest, unless you have a field office that doesn't do them, or it delays your oath significantly.

[Birdo 16]

Either route you take, your wife still has to change her social security card and drivers license etc. to her new legal name. Whether you do it now before you apply for N400 or after she gets her citizenship.

Also make a note and look into the fact that some offices do not accept name changes anymore on the citizenship application because those Oath ceremonies must be presided over by a judge, and not just a USCIS official.

Good luck with everything!

[ihelp555 0]

I am aware that N-400 has a section for the applicant to change his/her legal name. The issue here is that in my wife's case she can legally use her married name if she chooses to do so for example when opening a bank account and all that she needs is to provide the marriage certificate as proof. Similarly she can change her DL and SSN today by providing the same marriage certificate. She does not need a legal change of name to use her married name.

My understanding is that the name change section in N-400 is for people who want do not have any similar legal basis to use a new name and would like to change it.

Given above I read somewhere that in situation where the GC is in maiden name, a woman can specify her married name under "Your current legal name" (Part 3, line 1) and then provide the exact name as on GC under "Your name exactly as it appears on your PR card" (Part 3, line 2), attach marriage cert and other supporting documents with the application and if needed explain the change during the interview. Not sure if this is correct and if anybody as actually done this successfully.

I am not an expert hence trying to understand if this will work.

[Birdo 16]

You are making it too complicated in your mind.. Currently your wife's legal name is her maiden name since she has not changed it with the Social Security or DMV or her country's records (her passport is in her maiden name.) You cannot state in the N400 that her legal name is her married name unless she can support it with the Drivers License (which they ask for during her interview).

So, in the N400 you would put her maiden name as her current legal name, and then to the part that asks exact name as in her GC write it exactly as it appears.

Then request a name change with the N400 and for that just show your marriage certificate. This way her citizenship certificate will come with her married name. Then you can change her name with DMV and get her passport in her new married name. She will no longer have a need for the old country's passport which is in her maiden name anyway.

Edited June 18, 2014 by Birdo

[Dave&Roza 748]

Hello Folks,

I am getting ready to file my N-400 and needed some guidance on how to handle name change for my wife.

Here is some bacground...

My wife has her GC, Passport, DL, SSN and all other documents in her maiden name.

When applying for her citizenship, she would like to change to using her married name.

Few question when filling in N-400 from people who are in the similar situation as to what are the correct answers.

1) In my (Husband's) N-400 what should I mention under my wife's Current legal name. Will it be her married name or the maiden name per her GC and other docs. Note that we want to use married name for her citizenship application.

(I would think it would be her married name since she can choose to use that name legally by law)

2) What will be my wife's legal married name here in US? Will it be <GIVEN NAME> <MARRIED LASTNAME> or I can use <GIVEN NAME> <HUSBANDS NAME> <MARRIED LASTNAME> as is the custom in my family.

3) In my wife's N-400 app. under her current legal name can she mention her married name and mention her maiden name as it appers on GC under "Your name exactly as it appears on permanent resident card"? Will this be enough for the naturalization cert to be issued in her married name or I will have to use the "Name change" section.

Thanks in advance for all your responses.

You can use the Marriage Certificate to change her legal name to <given> <middle> <married> at the SSA or DMV. You can also put that name down on the N400 and list her maiden name under other names used. To change her name to <given> <husband's> <married> will take the N400 name change section and you will need to do this first and then go around and change her SSC (since you have to inform them she is now a USC a visit is needed anyway) and her DL and apply for a US passport in her new name. The Marriage Certificate can be used as an official document for a name change as long as the person is only changing their last name to their spouse's. Any other name change requires a court order which is what the N400 is doing for you.

So to be clear, you can enter you wife's legal name as <Given> <Middle> <Married> for part one and include the Marriage Certificate. For part two you would enter <Given> <Middle> <Maiden> as is it on her GC. Then you can complete part 4 with <Given> <Husband's> <Married> but I would make part 1 and 2 the same if you are doing this.

Good luck,

Dave

Edited June 18, 2014 by Dave&Roza

[ihelp555 0]

Thanks to you all.