K1 AOS Middle name REMOVAL?

[SelfTitled 0]

My apologies if this has been covered before. I've been searching for an hour, and haven't seen another situation quite like this one.

My wife is applying for AoS after arriving under a K1 visa, getting married, etc. She is Filipina, and has a name that follows Filipino traditions: two first names, a "middle name" that is her mother's maiden name, then her last name (now maiden name). What we WANT to do is change the last name to mine, which I understand should not be an issue, but then completely eliminate the middle name so she only has three names. In other words, for example, going from Mary Ann Samuel Maiden to Mary Ann Terwilliger, creating a blank space on the forms under "middle name." I have seen other posts that say if she wants to change her middle name to her maiden name, she is probably fine, but nothing about completely eliminating her middle name. Does anyone know if this is allowable? We'll also be filing I-765 at the same time, and I'm worried that someone there will get confused, since the blanks are less defined.

Ideally, we would split her first name into "first" and "middle," but my understanding is that USCIS will not allow that without going through much more involved name change procedures than our state will allow at this point.

Thanks in advance!

- David

[POA 175]

My apologies if this has been covered before. I've been searching for an hour, and haven't seen another situation quite like this one.

My wife is applying for AoS after arriving under a K1 visa, getting married, etc. She is Filipina, and has a name that follows Filipino traditions: two first names, a "middle name" that is her mother's maiden name, then her last name (now maiden name). What we WANT to do is change the last name to mine, which I understand should not be an issue, but then completely eliminate the middle name so she only has three names. In other words, for example, going from Mary Ann Samuel Maiden to Mary Ann Terwilliger, creating a blank space on the forms under "middle name." I have seen other posts that say if she wants to change her middle name to her maiden name, she is probably fine, but nothing about completely eliminating her middle name. Does anyone know if this is allowable? We'll also be filing I-765 at the same time, and I'm worried that someone there will get confused, since the blanks are less defined.

Ideally, we would split her first name into "first" and "middle," but my understanding is that USCIS will not allow that without going through much more involved name change procedures than our state will allow at this point.

Thanks in advance!

- David

I was smiling when I was reading this. My husband wants to do the same with my name. Split my two first names to be my first and middle name. Honestly, I don't know how to take out the middle name completely but what I know (VJ members, correct me if I am wrong). She can only make her second name her middle name once she is a USC (or applying to be a USC). Then if she has to be a dual citizen, her name on her passports will not be the same and has to be supported by a document saying they are the same person.

[KayDeeCee 4,891]

There are only certain name changes that you can do through marriage. Check with your county clerk's office where you got the marriage license to ask about what name changes through marriage your state allows. I don't think what you are wanting to do will be legal through marriage, and you will most likely need to file for a court ordered name change.

[Phil&Mich 36]

And also in Philippines government, a married woman who used her husband's last name, should use her last name when she was single as her maiden name..

[SelfTitled 0]

And also in Philippines government, a married woman who used her husband's last name, should use her last name when she was single as her maiden name..

Yeah, was wondering about this, too. Is that the only naming convention they'll accept if we need to update her passport following a name change?

I was smiling when I was reading this. My husband wants to do the same with my name. Split my two first names to be my first and middle name. Honestly, I don't know how to take out the middle name completely but what I know (VJ members, correct me if I am wrong). She can only make her second name her middle name once she is a USC (or applying to be a USC). Then if she has to be a dual citizen, her name on her passports will not be the same and has to be supported by a document saying they are the same person.

That's probably what we'll have to do...wait until naturalization to get everything the way she would like it. Out of curiosity, what are you doing in the meantime? Are you making any changes, or just keeping your maiden name until naturalization?

[sevenrider860 9]

As dave23 points out, some caution is in order. If your wife will need complete or renew any Philippine documents (report of marriage abroad, new Philippine passport in married name, etc), there might be issues based on Article 370 of the Civil Code of the Philippines. The law does not require that the wife use the surname of her husband but the law does have some specifics about what must occur if the husband's surname will be used as described below.

Married applicants who wish to use the surnames of their husbands in their Philippine documents are advised that the following format will be used in accordance with Article 370 of the Civil Code of the Philippines.

Under Philippine regulations, for single women and men, the middle name refers to the surname of the person’s mother. Once a woman marries and decides to use the surname of her husband, the maiden middle name is automatically dropped and is replaced by her maiden surname.

When Juana Santos Cruz was single, her name followed the following format:

JUANA/ SANTOS/ CRUZ

First Name/ Middle Name/ Surname

If Juana Santos Cruz marries John Doe, and if Juana chooses to use her husband’s surname, her new full name would be:

JUANA/ CRUZ/ DOE

First Name/ Middle Name/ Surname

In the US, however, a person’s middle name often refers to his/her second name. Applying such US conventions to Juana Santos Cruz who marries John Doe, she drops her maiden surname (i.e. Cruz) and instead carries her maiden middle name (i.e Santos) making her new full name, Juana Santos Doe, contrary to Philippine Laws. As such, this regulation cannot be applied to Philippine documents.

[POA 175]

Yeah, was wondering about this, too. Is that the only naming convention they'll accept if we need to update her passport following a name change?

That's probably what we'll have to do...wait until naturalization to get everything the way she would like it. Out of curiosity, what are you doing in the meantime? Are you making any changes, or just keeping your maiden name until naturalization?

Hi Selftitled, I am not sure if that is the only naming convention they would accept. I got married in the Philippines and when I updated all my documents/ids, I didn't know that this is the way it is done in the US. So I was able to follow the PH way and will keep it that way. My husband tried to convince me to change it since I have been having issues with my name here. (They keep putting my second name as my middle name) but it will require some court stuff in the PH just for me to change my PH passport and all my PH documents.

Whenever I give my name, I always remind the people that I have two first names. I had to call the credit bureaus and a lot more just to correct my name. Watch out for that too.

[thespoons 33]

You have to check your county's rules regarding name change. In El Dorado County, you are only allowed to change your middle name and last name NOT your first name (regardless if you have two names as your first name).

It was advised to use the PH naming rules though to avoid the hassles when getting a new PH passport and/or other PH documents.

[The Conqueror 47]

There are only certain name changes that you can do through marriage. Check with your county clerk's office where you got the marriage license to ask about what name changes through marriage your state allows. I don't think what you are wanting to do will be legal through marriage, and you will most likely need to file for a court ordered name change.

Hi KayDeeCEE,

This is my dilemma today, I just had my AOS interview and passed. Got 10yrs Green card.

The IO said I cannot used my Maiden name as my Middle name here.

Example: Dahlia Montez Mallari (Single/Maiden Name)

First / Mothers Maiden / Fathers Last name

Now Married: Dahlia Mallari McDonald

First Name/ Maiden Name/ My Husband Last Name

IO said I cannot use "Mallari" as my Middle name it should be "Montez". So she made correction on my application so my name will be issued in my Green card will be " Dahlia Montez McDonald". The only way I can do the way we do it in the Philippines is to go to the court here and have my name change. She said according to US law, this is how it should be done.

Edited December 31, 2015 by dahlia0811

[The Conqueror 47]

As dave23 points out, some caution is in order. If your wife will need complete or renew any Philippine documents (report of marriage abroad, new Philippine passport in married name, etc), there might be issues based on Article 370 of the Civil Code of the Philippines. The law does not require that the wife use the surname of her husband but the law does have some specifics about what must occur if the husband's surname will be used as described below.

Married applicants who wish to use the surnames of their husbands in their Philippine documents are advised that the following format will be used in accordance with Article 370 of the Civil Code of the Philippines.

Under Philippine regulations, for single women and men, the middle name refers to the surname of the person’s mother. Once a woman marries and decides to use the surname of her husband, the maiden middle name is automatically dropped and is replaced by her maiden surname.

When Juana Santos Cruz was single, her name followed the following format:

JUANA/ SANTOS/ CRUZ

First Name/ Middle Name/ Surname

If Juana Santos Cruz marries John Doe, and if Juana chooses to use her husband’s surname, her new full name would be:

JUANA/ CRUZ/ DOE

First Name/ Middle Name/ Surname

In the US, however, a person’s middle name often refers to his/her second name. Applying such US conventions to Juana Santos Cruz who marries John Doe, she drops her maiden surname (i.e. Cruz) and instead carries her maiden middle name (i.e Santos) making her new full name, Juana Santos Doe, contrary to Philippine Laws. As such, this regulation cannot be applied to Philippine documents.

Hi,

I just encountered the same problem today, the IO will follow US rules or law and she said I have to go to the court to have it name change. I understand how the US law however, as you said this cannot be applied to Philippine documents.

I have to wait for my Green card and go to the court. I rather deal with this problem here rather than deal it in the Philippines as it will cause a lot of money there and time.

Thank you for your input….. it is very helpful and clear. I can't even sleep as I want have this settled for my peace of mind.

Cheers!

[KayDeeCee 4,891]

Look up court ordered name change for your state. They will have the instructions on how to file and how much it will cost. Once you get the court ordered name change, you could file an I-90 to change your name on the green card. It will cost $450 to file the I-90 to change your name on the green card.

[The Conqueror 47]

Look up court ordered name change for your state. They will have the instructions on how to file and how much it will cost. Once you get the court ordered name change, you could file an I-90 to change your name on the green card. It will cost $450 to file the I-90 to change your name on the green card.

Oh my gosh it is too expensive

Thank you for your input….

Cheers!

Edited December 31, 2015 by dahlia0811

[SelfTitled 0]

Hi,

I just encountered the same problem today, the IO will follow US rules or law and she said I have to go to the court to have it name change. I understand how the US law however, as you said this cannot be applied to Philippine documents.

I have to wait for my Green card and go to the court. I rather deal with this problem here rather than deal it in the Philippines as it will cause a lot of money there and time.

Thank you for your input….. it is very helpful and clear. I can't even sleep as I want have this settled for my peace of mind.

Cheers!

This is the part I'm worried most about. My understanding is that there is no "US law" governing name changes, and that the law varies from state to state and sometimes county to county. The whole "this isn't how we do things in the US" statement is total nonsense, since I have five American friends just off the top of my head who did exactly that when they got married. Currently, we filed using the naming convention of taking the maiden name as the new "middle" name. Does anyone have any experience or suggestions for politely calling out our IO if he says something along the lines of what Dahlia experienced?

One thing this thread introduced me to is the Filipino "Report of Marriage Abroad." Neither I nor my wife had heard of this form previously, and I believe it allows the Philippines to log the name change on their end. Does anyone know if filing that would provide USCIS what they would need for that name change, if the above situation occurs?

[POA 175]

Hi,

I just encountered the same problem today, the IO will follow US rules or law and she said I have to go to the court to have it name change. I understand how the US law however, as you said this cannot be applied to Philippine documents.

I have to wait for my Green card and go to the court. I rather deal with this problem here rather than deal it in the Philippines as it will cause a lot of money there and time.

Thank you for your input….. it is very helpful and clear. I can't even sleep as I want have this settled for my peace of mind.

Cheers!

I share the same sentiments as to why I'd rather not use the US way. Specially in the PH, if they know we are from here and married to kano, expect over charged! lol

Edited January 5, 2016 by POA

[Phil&Mich 36]

Isn't it that the name you used in Adjusting your Status is the"legal way to change your name" here in the U.S.? I have no idea that there is a law or rule here in the U.S. In choosing what would you like to use in your maiden name when you get married ?