Transgender change of gender during naturalization

[FilAmRouge 15]

I'm seeking some advice. My spouse is transitioning male to female and we're about to apply for naturalization. I called the hotline for USCIS and they couldn't tell me how this works. I know we can change my spouse's name during the naturalization process, on the form. But how do we go about changing gender? Do we just put the new gender on the N-400? Or do we need to wait till citizenship is granted and do something after that? We have our doctor's note already, which I think is all that's needed for the federal government. Our state documents will require a bit more effort, but shouldn't affect the federal level documents. Anyone gone through this before??

[jerni 24]

No advice, but perhaps https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/Chapter10-22.html will help.

[JimmyHou 610]

I'm seeking some advice. My spouse is transitioning male to female and we're about to apply for naturalization. I called the hotline for USCIS and they couldn't tell me how this works. I know we can change my spouse's name during the naturalization process, on the form. But how do we go about changing gender? Do we just put the new gender on the N-400? Or do we need to wait till citizenship is granted and do something after that? We have our doctor's note already, which I think is all that's needed for the federal government. Our state documents will require a bit more effort, but shouldn't affect the federal level documents. Anyone gone through this before??

This may help:

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/Transgender_FINAL.pdf

See page 3. It lists what you must present.

1) The easiest thing would be if you have a legal document from your state indicating the gender. But it looks like a doctor's letter might be acceptable provided it contains certain information (see page 3 of the link above).

2) This is an old document and things may have changed, so you'll need to look into this further.

3) The federal change will not automatically apply to state laws. A state that goes by the gender on the birth certificate will still do so.

Also note this:

Validity of Marriage in Cases Involving Transgender Persons​

​USCIS accepts the validity of ​a ​marriage​ in cases involving transgender persons if ​t​he state or local jurisdiction in which the marriage took place recognizes the marriage ​as​ a ​valid ​marriage​, subject to the exceptions described above (such as polygamy).

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartG.html

Finally, if you do not change the gender on the naturalization certificate at this time (for whatever reason), it can be changed later by applying for a replacement certificate, but this is not cheap.

Good luck to you and your spouse!

[FilAmRouge 15]

Thanks for the responses. We decided to try and get them to change the gender during the N-400 application process. We got a letter from the doctor that went by the guidelines in the link provided. I also included the request in the cover letter and put the new gender on the N-400. We will see what they say. I'm hoping that if they don't approve it during the process, that it won't hold things up. I'll update this thread once I find out. We just sent the form in today.

[pinay_prinsesa 0]

Hello! Any update on this?

[Ontarkie 13,904]

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