Jump to content
IsItLekker

Changing Last Name after Immigration of Spouse

15 posts in this topic

Recommended Posts

Hi guys!
 

I have no idea if anyone here knows the answer, but I am at a total loss. I have been trying to get my last name changed since my husband immigrated in October. I was able to get my name changed on my Social Security card and my voter registration. I can even get my name changed on my passport. However, when I went to change my name on my driver's license, I was informed that I had to take the marriage certificate to the clerk and recorders office in my county and register my marriage in the US as they couldn't accept my marriage certificate from abroad (Hong Kong). I went and had the marriage certificate recorded by the clerk in my county, and even received a certified copy of the document (noting the marriage). I went back and was told once more that they cannot accept the document. The DMV will not accept the foreign marriage certificate, so... what do I do from here? The US recognizes our marriage, but the state does not. My social security number is no longer tied to the name that is on my photo ID. Do I need to get remarried in the US? Is that even a thing? Any advice would be greatly appreciated.


IR-1/CR-1 Visa

Service Center: Potomac Service Center

Consulate: South Africa

Hello...Shenzhen, China 💕2018-01-20

Will you...Shenzhen, China 💍 2019-01-13

I Do...Hong Kong ❤️ 2019-06-20

 

USCIS

I-130 Sent: 2019-08-21

I-130 NOA1: 2019-08-26

I-130 NOA2: 2020-04-17

NVC
Received: 2020-04-20

DQ: 2020-06-18

Expedite approved: 2020-08-21

US Consulate - Johannesburg

Medical: 2020-09-03

Interview Scheduled: 2020-09-03

Interview at US Consulate in Johannesburg: 9:15 2020-09-16 - Approved!

Visa Delivered: 2020-09-25

Arrival in the U.S. (POE New York JFK): 2020-10-04
2 year Green Card Received: 2020-12-18

 

event.png

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Seems someone there does not know what they are talking about. Go to another place or back there and ask for a supervisor. If your marriage certificate was good enough to update your SSN and passport then it's good enough for the DMV.

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Moving Here and Your New Life, from General Immigration Discussion.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
2 hours ago, Timona said:

What state are you in?

I am in Colorado unfortunately. I seriously had no idea this was even a thing. It wasn't until my second trip to the DMV and a heated argument with the supervisor that I finally went online and found this. https://dmv.colorado.gov/change-your-name-your-credential It clearly states that foreign marriage certificates are not accepted in the state. The frustration for me was that it never even occurred for me to google this specific thing since it has been accepted by all other government agencies. We even had it apostilled by the high court in HK to try and avoid all problems with being able to identify the document. On all the forms and explanations I found for Colorado, it never mentioned foreign certificates being an issue even once. Only this one page. I tried calling local Clerk and Recorders in other counties and nobody seems to know what to do. They all suggested I just file for a marriage license and get married again. :(


IR-1/CR-1 Visa

Service Center: Potomac Service Center

Consulate: South Africa

Hello...Shenzhen, China 💕2018-01-20

Will you...Shenzhen, China 💍 2019-01-13

I Do...Hong Kong ❤️ 2019-06-20

 

USCIS

I-130 Sent: 2019-08-21

I-130 NOA1: 2019-08-26

I-130 NOA2: 2020-04-17

NVC
Received: 2020-04-20

DQ: 2020-06-18

Expedite approved: 2020-08-21

US Consulate - Johannesburg

Medical: 2020-09-03

Interview Scheduled: 2020-09-03

Interview at US Consulate in Johannesburg: 9:15 2020-09-16 - Approved!

Visa Delivered: 2020-09-25

Arrival in the U.S. (POE New York JFK): 2020-10-04
2 year Green Card Received: 2020-12-18

 

event.png

Share this post


Link to post
Share on other sites
Filed: Other Country: Saudi Arabia
Timeline
8 hours ago, IsItLekker said:

I am in Colorado unfortunately. I seriously had no idea this was even a thing. It wasn't until my second trip to the DMV and a heated argument with the supervisor that I finally went online and found this. https://dmv.colorado.gov/change-your-name-your-credential It clearly states that foreign marriage certificates are not accepted in the state. The frustration for me was that it never even occurred for me to google this specific thing since it has been accepted by all other government agencies. We even had it apostilled by the high court in HK to try and avoid all problems with being able to identify the document. On all the forms and explanations I found for Colorado, it never mentioned foreign certificates being an issue even once. Only this one page. I tried calling local Clerk and Recorders in other counties and nobody seems to know what to do. They all suggested I just file for a marriage license and get married again. :(


https://dmv.colorado.gov/change-your-name-your-credential
 

Sez:  “Foreign marriage certificates are not recognized in Colorado”

 

Just wow

 

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
10 hours ago, IsItLekker said:

I am in Colorado unfortunately. I seriously had no idea this was even a thing. It wasn't until my second trip to the DMV and a heated argument with the supervisor that I finally went online and found this. https://dmv.colorado.gov/change-your-name-your-credential It clearly states that foreign marriage certificates are not accepted in the state. The frustration for me was that it never even occurred for me to google this specific thing since it has been accepted by all other government agencies. We even had it apostilled by the high court in HK to try and avoid all problems with being able to identify the document. On all the forms and explanations I found for Colorado, it never mentioned foreign certificates being an issue even once. Only this one page. I tried calling local Clerk and Recorders in other counties and nobody seems to know what to do. They all suggested I just file for a marriage license and get married again. :(

 

This is a weird case.  

 

Just a thought - can you get a NEW colorado DL with just your US passport (showing your new name), your SSN card and proof of address?

 

https://dmv.stg.colorado.gov/sites/dmv/files/DR2300A.pdf

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Myanmar
Timeline
Posted (edited)

So get re-married in Colorado.  Illegal in every other state, but apparently legal in Colorado.  
 

TIL polygamy is legal in Colorado.  
 


https://clerkandrecorder.elpasoco.com/recording/marriage-licenses/#1512406699463-756b36b2-75de

well not in El Paso county 

 

but the implication is you can re-marry in El Paso county.  

 

Edited by Mike E

Share this post


Link to post
Share on other sites
Filed: Other Country: Saudi Arabia
Timeline
Posted (edited)
1 hour ago, SteveInBostonI130 said:

 

This is a weird case.  

 

Just a thought - can you get a NEW colorado DL with just your US passport (showing your new name), your SSN card and proof of address?

 

https://dmv.stg.colorado.gov/sites/dmv/files/DR2300A.pdf

 

Bring a name changed passport / SS card and they have to issue it in the new name.  REAL ID rules.

 

As it seems spelled out this is a Hague violation, the US is a Hague member, and Colorado unfortunately cannot choose to invalidate a legally recognized marriage from somewhere else nor can Colorado over-rule a USCIS recognized legal marriage.

Edited by Nitas_man

Share this post


Link to post
Share on other sites
Filed: Timeline
15 hours ago, IsItLekker said:

Hi guys!
 

I have no idea if anyone here knows the answer, but I am at a total loss. I have been trying to get my last name changed since my husband immigrated in October. I was able to get my name changed on my Social Security card and my voter registration. I can even get my name changed on my passport. However, when I went to change my name on my driver's license, I was informed that I had to take the marriage certificate to the clerk and recorders office in my county and register my marriage in the US as they couldn't accept my marriage certificate from abroad (Hong Kong). I went and had the marriage certificate recorded by the clerk in my county, and even received a certified copy of the document (noting the marriage). I went back and was told once more that they cannot accept the document. The DMV will not accept the foreign marriage certificate, so... what do I do from here? The US recognizes our marriage, but the state does not. My social security number is no longer tied to the name that is on my photo ID. Do I need to get remarried in the US? Is that even a thing? Any advice would be greatly appreciated.

 

For a Real ID - https://dmv.stg.colorado.gov/sites/dmv/files/DR2300A.pdf. You should be able to use passport under step 1, SS card as step 2, and whatever you have for step 3. In itself that appears to be enough to issue you the DL in your married name. But step 4 may be where they give you a hard time because you currently have a DL with another name, so you would need to do step 4- a court ordered name change. 

 

Typically that costs 200$ or less and is a rather quick process. You go down to the clerk and fill out a name change form, it gets published various places, and then the Judge will approve the name change. You are then issued a legal name change document which can be used at DMV/SSA/passports etc, although all you really need it for is DMV it seems.... https://www.courts.state.co.us/Forms/PDF/JDF 432 Instructions for Name Change - Adult.pdf Please make sure when applying for the name change this way they understand it is being done because you have a foreign marriage certificate- if you did not have a foreign marriage certificate then you wouldnt need to change your name this way- since you do- you do. You may be told at first you dont need to do this- again explain that you do as you have a foreign marriage certificate. 

Share this post


Link to post
Share on other sites

Thank you so much for all of the replies you guys! I really appreciate everyone taking the time to answer. I honestly thought it was just going to fall through the cracks. 😅

So I have continued to reach out, per some of the advice on this thread. Unfortunately, I did not send off to get my passport yet as it required my original marriage certificate and I thought I needed it for the DMV (bummer). If it was a matter of just changing it whenever, I'd go ahead and apply for the passport and deal with the license later, but since my name is already changed federally, I am on a deadline in the state of Colorado to inform them of my name change (within 30 days). That is why I have been in a bit of a panic... that deadline is in less than a week. 

So far, I have sought 2 avenues proposed here. Remarrying in state and court ordered name change.

Remarrying appears to be the fastest method, but I still question the legality of it all. It will officially solemnize our marriage in the state from the date we sign the license, but it supposedly will acknowledge we were previously married.

Court ordered name change seems to also be an option, however since it must be performed in the county where I live, I am less than thrilled with this option as they had no idea what to do when I called them. I was told to consult an attorney. Also, I must submit to finger printing and background checks which could taken a few weeks before I can even apply. 

I contacted the Colorado Attorney General's office and they gave me a canned response about calling my county and asking them for the process to record the marriage (...I have already done this and the result was still rejected by the DMV, probably due to the fact my county has no idea what is going on). However, he did provide me with an email for Vital Records for the state, so I have contacted them to see if they can explain it to me, so that I may in turn explain it to my county clerk and recorder. 

I've determined the word register, record, and certify mean different things to different people. None of the offices are on the same page here. I'll keep you guys updated if I hear anything else, if for no other reason than that there will be an answer to this clusterf**k for anyone else going through this insane process in the future. 


IR-1/CR-1 Visa

Service Center: Potomac Service Center

Consulate: South Africa

Hello...Shenzhen, China 💕2018-01-20

Will you...Shenzhen, China 💍 2019-01-13

I Do...Hong Kong ❤️ 2019-06-20

 

USCIS

I-130 Sent: 2019-08-21

I-130 NOA1: 2019-08-26

I-130 NOA2: 2020-04-17

NVC
Received: 2020-04-20

DQ: 2020-06-18

Expedite approved: 2020-08-21

US Consulate - Johannesburg

Medical: 2020-09-03

Interview Scheduled: 2020-09-03

Interview at US Consulate in Johannesburg: 9:15 2020-09-16 - Approved!

Visa Delivered: 2020-09-25

Arrival in the U.S. (POE New York JFK): 2020-10-04
2 year Green Card Received: 2020-12-18

 

event.png

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ecuador
Timeline

Try involving your state Senator or representative (state, not U.S.).

They might even spearhead bills in Colorado to correct this anomaly.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...