Gender transition (and first name change) while adjusting status?

[ori8 24]

Hi all -- My fiancé will change his legal gender (currently female, changing to male) and legal full name at some point after he arrives in the states. I'm trying to figure out what point in the adjustment process it would be easiest for him to change it.

 

I was wondering if rolling the first/middle name change into the marriage last name change would work best? We plan to pick a new last name together for both of us and switch to it together a few months after we get married. But I think he'd be okay with taking my last name for now if that would make it easier to change his first/middle (and then we both change our last names later on).

 

If anyone has had experience with this, or with changing legal gender marker during the adjustment of status process, please let me know. I really appreciate any assistance! ^^

Edited September 2, 2021 by ori8
hit post too soon!

[Allaboutwaiting 2,503]

The surname is the easiest obviously as it can change with marriage. 

 

Regarding gender, the USCIS says the following:

"Where a person claims to have legally changed his or her gender, USCIS may recognize that claim based upon the following documentation:

•A court order granting change of sex or gender;

•A government-issued document reflecting the requested gender designation. Acceptable government-issued documents include an amended birth certificate, a passport, a driver’s license, or other official document showing identity issued by the U.S. government, a state or local government in the United States, or a foreign government; or

•A letter from a licensed health care professional certifying that the requested gender designation is consistent with the person’s gender identity. Generally, a licensed health care professional includes licensed counselors, nurse practitioners, physicians (Doctors of Medicine or Doctors of Osteopathy), physician assistants, psychologists, social workers, and therapists.

If submitting a health care certification letter, the letter must include the following information:

•The health care professional's full name, address, and telephone number;

•The health care professional’s license number and the issuing state, country, or other jurisdiction of the professional license;

•Language stating that the health care professional has treated or evaluated the person in relation to the person’s gender identity; and

•The health care professional’s assessment of the person’s gender identity.

USCIS may request additional evidence of the person’s gender identity, as necessary to verify the requested change in gender designation.

 

Source: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

 

Remember you should file for AOS within 90 days of your fiancé's entry to the US. So by that time, you should have the necessary gender change documents.

If not, you would still have ROC and citizenship to do so.