Name Change while I-751 (ROC) is processed

[Californiansunset 336]

Hi everyone,

I changed my name back to my maiden name a little while back (so not fun during Covid) but am now struggling to figure out what to do about my greencard that I don’t physically have yet. 
Whenever I use that stupid automated USCIS phone system it tells me that I have to use the I-90 form to change the name on my greencard. That costs over $500 and I don’t even have my greencard yet so I was hoping I wouldn’t have to pay for it. Does anyone know what to do or has done this before? My case was just moved from the CA processing center back to Nebraska bc of the volume of applications. 
I’m guessing I can’t just a copy of my name change court records together with a copy of my extension letter (NOA) to the Nebraska center and have them put it to my current application?! That would be too easy😂

 

Edit: I didn’t get a divorce, just decided for a couple reasons both personal as well as bureaucratic issues back in Germany that I prefer my maiden name. 

Edited January 8, 2021 by Californiansunset

[Timona 4,207]

Well, it's not a USCIS error. So I guess they'll rightfully charge you for it. 

If your ROC is approved before change, you'll be back to dealing with USCIS again. I don't know if it's possible to address it before ROC is complete. If it is, I'd do it and kill 2 birds 🐦 with the same stone. 

[Californiansunset 336]

33 minutes ago, Timona said:

Well, it's not a USCIS error. So I guess they'll rightfully charge you for it. 

If your ROC is approved before change, you'll be back to dealing with USCIS again. I don't know if it's possible to address it before ROC is complete. If it is, I'd do it and kill 2 birds 🐦 with the same stone. 

The charging would make sense to me if they would have to pick up my application again and process a new card. If they are working on my ROC anyways and see a name change as part of the application I feel like it should be different.
I wouldn’t be charged for the name change on top of my ROC if I had submitted these documents with my ROC application so I am hoping someone knows how to add my documents to the current application that is being processed. 
 

 

[mushroomspore 3,044]

21 minutes ago, Californiansunset said:

The charging would make sense to me if they would have to pick up my application again and process a new card. If they are working on my ROC anyways and see a name change as part of the application I feel like it should be different.
I wouldn’t be charged for the name change on top of my ROC if I had submitted these documents with my ROC application so I am hoping someone knows how to add my documents to the current application that is being processed. 
 

 

While I feel the same way as you on the bolded point, our feelings as applicants don't matter to USCIS. They have their rules and that's what they go by. They stipulate that they ONLY waive fees for any errors made on THEIR end in regards to the physical green card. It's also fairly well-known that it's nearly impossible to get USCIS' attention during a pending application to notify them of changes or edits. And with COVID, it's probably gotten even more impossible. Best bet is to wait for RoC to be approved and file an I-90 for a name change (which you'll have to pay for). Or more likely, RoC will take so long that you can just file N400 and put your correct name on the N400 application.

Edited January 8, 2021 by mushroomspore

[Californiansunset 336]

2 hours ago, mushroomspore said:

While I feel the same way as you on the bolded point, our feelings as applicants don't matter to USCIS. They have their rules and that's what they go by. They stipulate that they ONLY waive fees for any errors made on THEIR end in regards to the physical green card. It's also fairly well-known that it's nearly impossible to get USCIS' attention during a pending application to notify them of changes or edits. And with COVID, it's probably gotten even more impossible. Best bet is to wait for RoC to be approved and file an I-90 for a name change (which you'll have to pay for). Or more likely, RoC will take so long that you can just file N400 and put your correct name on the N400 application.

Bummer.
 

I’m not filing for N400, unfortunately, because I would lose my German citizenship if I gain another citizenship. You can apply to be allowed to keep your German citizenship but it is only granted in extraordinary circumstances and according to my research it is very unlikely that I fall under those. Besides that it currently takes 18 months to get that permit (if approved) by the German foreign ministry and with everything being closed due to Covid I feel like it would probably be more like 2 years to get it so I would probably have my naturalization with name change in like 4 years 😂

 

Thank you everyone for your help!