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Filed: Lift. Cond. (apr) Country: Italy
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Posted

Hi everyone,

My wife and I just passed the test during the Naturalization Interview. :) :)

I would need some guidance on how to handle last name change for her.

She chose to change her name on the N-400 but the officer told her that is not necessary because here in the U.S. the law requires that women get the husband last name after getting married.

Here some information:

- We married in our country in 2000 (I don't have the U.S. marriage certificate)

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

A few questions:

1) What will her Certificate of Naturalization show in regards of her last name? Her maiden name or her married last name (my last name)?


2) She was also told that from now on she can start signing her name using my last name. Can she still sign with her old signature (maiden name) or she needs to sign only using my last name?


Thanks a lot!

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

Wait? You were told that your wife must take up your last name? That is NOT TRUE. In the US, there is no such requirement. I never took up my husbands last name.

I am wondering if the question was misunderstood. There is no legal name change required when changing a last name after marriage. So say today I married Mr. John Smith. I can take up his last name without having to legally change my last name. But there is no requirement to change my last name to Smith.

Hope that helps.

Filed: Lift. Cond. (apr) Country: Italy
Timeline
Posted

Yes, I think the officer was incorrect but this is not the point.

I was asking

A few questions:

1) What will her Certificate of Naturalization show in regards of her last name? Her maiden name or her married last name (my last name)?

2) She was also told that from now on she can start signing her name using my last name. Can she still sign with her old signature (maiden name) or she needs to sign only using my last name?

Thanks!

Filed: Citizen (apr) Country: Egypt
Timeline
Posted

Yes, I think the officer was incorrect but this is not the point.

I was asking

A few questions:

1) What will her Certificate of Naturalization show in regards of her last name? Her maiden name or her married last name (my last name)?

2) She was also told that from now on she can start signing her name using my last name. Can she still sign with her old signature (maiden name) or she needs to sign only using my last name?

Thanks!

The certificate will show whatever she asked chose as her legal name during the interview. If the only change she requested was to take your last name, then a formal name change is not required. The only question is whether or not the interviewer accurately noted that the new name should be used.

Your wife ahould use her legal name going forward, which will be her married name.

In case the officer made a mistake and forgot to note the request and the certificate is issued in her maiden name, your wife can still legally take your last name; in that case, she would use the naturalization certificate along with your marriage certificate to get her passport in her married name (this is possible even though the marriage certificate lists her maiden name as her last name).

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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