Name Change Question

[Dashinka 25,856]

Ok, just starting to help my wife fill out the N400 and we had a question regarding the name change option.

 

 BACKGROUND. My wife chose to take my family name when we married and her GC reflects this.  The issue arises with her current Russian passport, she will continue to keep that passport, but at some point she would like to change the name on it, but this is a bit of a complicated item as she has to change the domestic identification first and our marriage certificate is not recognized as a legal name change document in Russia.

 

QUESTION. Can we check the box and request the legal name change document even though she is not changing her name from what it appears on her GC?  I read through the pinned thread and I did not see this specific instance.

 

Thanks in advance.

Edited December 13, 2017 by Bill & Katya

[marcusa 31]

6 hours ago, Bill & Katya said:

Ok, just starting to help my wife fill out the N400 and we had a question regarding the name change option.

 

women are always thinking the immigration paperwork is complicated. LOL.

 

Quote

 BACKGROUND. My wife chose to take my family name when we married and her GC reflects this.  The issue arises with her current Russian passport, she will continue to keep that passport, but at some point she would like to change the name on it, but this is a bit of a complicated item as she has to change the domestic identification first and our marriage certificate is not recognized as a legal name change document in Russia.

QUESTION. Can we check the box and request the legal name change document even though she is not changing her name from what it appears on her GC?  I read through the pinned thread and I did not see this specific instance.

 

She will keep using her Russia passport(with her original Russian  name on it ) till she turns into US citizen and has the new US passport. 

if Russia government accepts dual-citizenship , she will use U.S. passport as the sole legal proof reflecting her new citizenship status and new legal name in the U.S. ....so check with the Russia government policy.  there is always a gap during this period in term of the ID and name difference. it applies to every immigrant with name changes.

 

Since she already changed her name during the marriage with you and changed her name on the green card as well,   i bet she also updated the new name on other ID( driver license, SS card, bank account, insurance ect ), then she would NOT need to check the box again on N400 form for name change, as she already changed her names through legal process ( Marriage in the US ) . 

 

After this box , the form  will ask if your current legal name is different from the name on green card, followed by the question if you have used other name in the past, she will just put in her old legal name.....do remember to provide the legal document she has for the legal name change ( like the marriage certificate) submitted along with  N400 form. once submitted, all corresponding letters to her from USCIS are printed with her new legal name(she is currently using ),the same as certificate of naturalization at the final. 

 

in my case, i changed my legal name through local court process after becoming LPR, but i chose not to update it on my green card, as i need the name on GC to matches the name on my passport for international trip purpose. Other than that, i updated names on all rest of my ID in the U.S.

 

Edited December 13, 2017 by marcusa

[Dashinka 25,856]

1 minute ago, marcusa said:

women are always thinking the immigration paperwork is complicated. LOL.

 

She will keep using her Russia passport(with her original Russian  name on it ) till she turns into US citizen and has the new US passport. 

if Russia government accepts dual-citizenship , she will use U.S. passport as the sole legal proof reflecting her new citizenship status and new legal name in the U.S. ....so check with the Russia government policy.  there is always a gap during this period in term of the ID and name difference. it applies to every immigrant with name changes.

 

Since she already changed her name during the marriage with you and changed her name on the green card as well,   i bet she also updated the new name on other ID( driver license, SS card, bank account, insurance ect ), then she would NOT need to check the box again on N400 form for name change, as she already changed her names through legal process ( Marriage in the US ) . 

 

After this box , the form  will ask if your current legal name is different from the name on green card, followed by the question if you have used other name in the past, she will just put in her old legal name.....do remember to provide the legal document she has for the legal name change ( like the marriage certificate) submitted along with  N400 form. once submitted, all corresponding letters to her from USCIS are printed with her new legal name,the same as certificate of naturalization at the final. 

 

in my case, i changed my legal name through local court process after becoming LPR, but i chose not to update it on my green card, as i need the name on GC to matches the name on my passport for international trip purpose. Other than that, i updated names on all rest of my ID in the U.S.

 

Thank you for the response.  Like the US, Russia does not recognize dual citizenship, so when my wife naturalizes she will keep both passports.  As I sated in the OP, the method for changing the names in the Russian passports is time consuming and difficult and they don't recognize the marriage certificate from Michigan as legal for name change.  Regardless, I figured that checking this box would not work for our example, so I will tell her to leave it blank.

[marcusa 31]

34 minutes ago, Bill & Katya said:

Thank you for the response.  Like the US, Russia does not recognize dual citizenship, so when my wife naturalizes she will keep both passports.  As I sated in the OP, the method for changing the names in the Russian passports is time consuming and difficult and they don't recognize the marriage certificate from Michigan as legal for name change.  Regardless, I figured that checking this box would not work for our example, so I will tell her to leave it blank.

yes, simply do not check the box for name change on the form. good luck.

 

Once she becomes USC, the Russia passport will be buried under the dresser. My home country doesnt accept dual citizenship neither. Once i i receive the US passport and apply for Visa for traveling back to my home country for the first time as the foreigner ,  the consulate office will ask my homeland passport as well and stamp on it as invalid,then issue the visa on my US passport. 

Edited December 13, 2017 by marcusa

[Neonred 3,917]

On 12/13/2017 at 11:45 AM, marcusa said:

yes, simply do not check the box for name change on the form. good luck.

 

Once she becomes USC, the Russia passport will be buried under the dresser. My home country doesnt accept dual citizenship neither. Once i i receive the US passport and apply for Visa for traveling back to my home country for the first time as the foreigner ,  the consulate office will ask my homeland passport as well and stamp on it as invalid,then issue the visa on my US passport. 

Will not work this way for Russia.  They will not issue a visa in a US passport for a person born in Russia unless they have renounced Russian citizenship. 

 

US and Russia will allow dual citizenship.

[candybabe 46]

On ‎12‎/‎13‎/‎2017 at 11:10 AM, Bill & Katya said:

Thank you for the response.  Like the US, Russia does not recognize dual citizenship, so when my wife naturalizes she will keep both passports.  As I sated in the OP, the method for changing the names in the Russian passports is time consuming and difficult and they don't recognize the marriage certificate from Michigan as legal for name change.  Regardless, I figured that checking this box would not work for our example, so I will tell her to leave it blank.

You will need to register your marriage in Russia first for it to be recognized -

https://www.angloinfo.com/how-to/russia/family/marriage-partnerships/registering-a-marriage

This will involve certified copies with the Hague Apostille ( the golden seal) of your marriage certificate also legalized by the Russian consulate in the US -

 

"In view of the above, it is advised that the corporate documents intended for use in Russia must be certified as to proper legalization at the consular offices of the Russian Federation."http://www.russianembassy.org/page/legalization

 

You can get the Hague Apostille by sending certified copies of your marriage certificate to the Department of State office in the capital of Michigan - They are usually very good at returning it fast - Or if you live close by you can do a walk in. And it is relatively cheap.  

http://www.michigan.gov/sos/0,4670,7-127-1638_8734---,00.html

 

Once you have those - you can then translate and notarize into Russian and either :

- send to the Russian Embassy / Consulate and have them legalize them and  coordinate the transcribing or

- hire a lawyer if you want it done before you go visit there or

- when you visit using the Russian passport ,  take them to the local civil registry office -

In Moscow there is only one branch of the civil registry office, ZAGS (Zapis Aktov Grazhdanskogo Sostoyaniya / ) where all marriages of Russian and foreign citizens can be registered: https://www.mos.ru/zags/function/dvorcybrakosochetaniya/dvorec-brakosochetaniya-4/

• ZAGS
  At: 4th Wedding Palace, ul. Butyrskaya 17, Moscow, 127015
  Tel: (495) 685 19 60

Opening times are Tuesday to Saturday, 09.00-13.30 and 15.00-17.30. It is closed Sunday and Monday, and also on the fourth Tuesday of every month.

 

Russia would then recognize the marriage and she will be able to use the new name.

 

I am not an immigration specialist / lawyer.