Name change dilemma: legal change vs. waiting for arrival in US

[2543-4092 0]

11 minutes ago, Ontarkie said:

I would just assume your new married last name in Canada. Do not bother with all the legal name changes. Once you get your new passport in Canada the consulate will use the name on the passport for your visa and you green card. Less expensive to update the name in Canada then trying to change the last name once in the US. 

 

Another thing that was mentioned about changing the name at naturalization. Again this is a legal name change and will change your birth certificate. Assuming a married name is the easiest way to go. 

It's looking like that is the way I will approach this, drop the middle name adjustment entirely and just assume my married last name instead.

 

When I amend the marriage certificate to remove the middle name adjustment, should I still list my married last name on it where it says 'new surname', or would I need to revert it to my maiden name if I am going with the assuming route? (Just trying to make sure I'm not doing something that requires me to make a legal name change again, I've had enough for one lifetime 😂😂)

[Ontarkie 15,022]

45 minutes ago, 2543-4092 said:

It's looking like that is the way I will approach this, drop the middle name adjustment entirely and just assume my married last name instead.

 

When I amend the marriage certificate to remove the middle name adjustment, should I still list my married last name on it where it says 'new surname', or would I need to revert it to my maiden name if I am going with the assuming route? (Just trying to make sure I'm not doing something that requires me to make a legal name change again, I've had enough for one lifetime 😂😂)

Put the new married name. That's assuming the new name.

[top_secret 2,756]

In my opinion, if you do want to change your name then you should go all in to change it to exactly what you want as soon as possible and if at all possible get it changed on your foreign passport BEFORE your interview.  Then you automatically start your whole new life in America with all your new US documents automatically coming with your desired name from day one with no further effort.  If you find yourself with multiple names on your green card, social security card, state id, banking, employment and everything else, it's a huge hassle that can follow you around a very long time.  I have no idea how hard it is to change a middle name on a Canadian passport but it costs at least $415 and can take over a year to change a name in a US green card once it's been issued in a non-desired name.  Plus every other document and ID issued while waiting for the green card change.  I could guess a Canadian name change might be faster, easier and cheaper.  I would at least look into it and putting effort into going that way if at all possible.  It is not easy after you get to the US.

[Lemonslice 5,333]

Depends on the province also.  Québec does not allow spouses to change their last name when getting married.  However, OP is probably from another province, or they'd know this already.

[Ontarkie 15,022]

The OP does not want to do a name change from the courts. She wants her birth certificate to stay the same as it is now.

She wants to assume her married name, her province will allow the married name on her new documents just not the placement of her maiden name as a middle name.

Yes it will be easier to assume her married name and get that started with her name change on the passport. That way the visa and GC will not have to be changed later and save a bunch of money.

 

Also nothing in Canada's system is fast getting a court date can take months and years to happen depending on where she lives. Second ordering a new birth certificate with the name change will take months. Then applying for the new passport. 

 

If the OP cannot amend the new name on the marriage certificate, I wouldn't worry about it. Most government forms and ID will often not even list the middle names, never mind two of them.

Edited Tuesday at 05:12 PM by Ontarkie

[S2N 492]

4 hours ago, Ontarkie said:

If the OP cannot amend the new name on the marriage certificate, I wouldn't worry about it. Most government forms and ID will often not even list the middle names, never mind two of them.

You can also use your maiden name as a middle name for non-government purposes without legally changing it.

[2543-4092 0]

So, I did some digging into this today and called the town clerk who issued our marriage certificate, along with NY Vital Statistics. It looks like there is no option to amend the marriage certificate to remove the middle name change. I was told that I could go through the NY State courts to do a name change, but I feel like that is another can of worms entirely, I don't even live there yet 😅

 

As it stands now, I could:

 

Assume my husband's last name here in British Columbia, but my ID won't match the marriage certificate without further legal adjustments to my name somewhere down the line.

 

Do the legal name change (which currently has a processing wait time of 24 weeks, and our vital statistics and postal services are on strike right now). All my documentation would match, and my birth certificate would change, but I'd be issued a certificate of name change which lists my prior name along with the new name. I believe I can also obtain a certified copy of my birth registration, which while not used as an identifying document, would still list my name at birth, matching the certificate of name change. Based on the current I-130 processing times, this could still be completed well before I reach the NVC stage.

 

I also looked more into the name change during naturalization in the US, which I know is also a legal change of name, but it was difficult for me to find straightforward answers on if that would necessitate me changing my Canadian birth certificate after doing so. And I would still be updating all my ID, etc. across the board to match the name change after that was completed.

 

One thing I am still uncertain about is how much the listed name on the marriage certificate matters, or if it's going to cause problems down the line for me if documentation doesn't match the marriage certificate in either Canada or the US. Especially with NY Vital Statistics telling me I'd need a court name change to fix that. 

 

It seems I still have some thinking to do on the matter. Thank you to everyone who has commented or shared their experiences with me so far, it's truly appreciated!

[pushbrk 13,874]

I understand that different government jurisdictions handle birth certificates differently.  However, the vast majority of those jurisdictions understand that a "birth certificate" would naturally show the name given at birth.  Those that change birth certificate names, must have a coronary, when a woman marries six different husbands.

[OldUser 10,576]

47 minutes ago, pushbrk said:

I understand that different government jurisdictions handle birth certificates differently.  However, the vast majority of those jurisdictions understand that a "birth certificate" would naturally show the name given at birth.  Those that change birth certificate names, must have a coronary, when a woman marries six different husbands.

Yep, I never understood governments issuing amended birth certificates when person changes name later in life. And especially I know some countries issuing birth certificates when somebody naturalizes in their jurisdiction! Doesn't make any sense... You're born in a particular place, with particular name and particular DOB. You can change these later in life, but whatever is on birth certificate should remain the same, it's a snapshot of your info at time of birth in my opinion.

[Lemonslice 5,333]

4 hours ago, 2543-4092 said:

So, I did some digging into this today and called the town clerk who issued our marriage certificate, along with NY Vital Statistics. It looks like there is no option to amend the marriage certificate to remove the middle name change. I was told that I could go through the NY State courts to do a name change, but I feel like that is another can of worms entirely, I don't even live there yet 😅

 

As it stands now, I could:

 

Assume my husband's last name here in British Columbia, but my ID won't match the marriage certificate without further legal adjustments to my name somewhere down the line.

 

Do the legal name change (which currently has a processing wait time of 24 weeks, and our vital statistics and postal services are on strike right now). All my documentation would match, and my birth certificate would change, but I'd be issued a certificate of name change which lists my prior name along with the new name. I believe I can also obtain a certified copy of my birth registration, which while not used as an identifying document, would still list my name at birth, matching the certificate of name change. Based on the current I-130 processing times, this could still be completed well before I reach the NVC stage.

 

I also looked more into the name change during naturalization in the US, which I know is also a legal change of name, but it was difficult for me to find straightforward answers on if that would necessitate me changing my Canadian birth certificate after doing so. And I would still be updating all my ID, etc. across the board to match the name change after that was completed.

 

One thing I am still uncertain about is how much the listed name on the marriage certificate matters, or if it's going to cause problems down the line for me if documentation doesn't match the marriage certificate in either Canada or the US. Especially with NY Vital Statistics telling me I'd need a court name change to fix that. 

 

It seems I still have some thinking to do on the matter. Thank you to everyone who has commented or shared their experiences with me so far, it's truly appreciated!

Immigration is already time consuming, that's one of the reasons why I opted to keep my maiden name. 

 

Socially, you're free to use any name you want, unless it's to do fraudulent activities.  You can introduce yourself as whatever you want/the number of people who will see your IDs is limited. 

 

ETA: the Canadian consulate in NYC would know if they can update your passport to the name(s) on your marriage certificate.  That's another place to inquire/they are aware of how things are done locally.  Not a perfect solution, but seems easier than the birth certificate change.

 

 

Edited yesterday at 01:42 AM by Lemonslice

[Ontarkie 15,022]

I would leave it as is. Update your married name on passport and whatever else you want to update. 

 

Heck when I got married in Canada (1st marriage). I never even updated my SIN card. When I divorced years later I still used that last name. When we went for the K1 everything was in that last name not my maiden name. After arriving to the US and getting married I changed my name all only my US documents. I saw no reason at all to change my Canadian stuff. Your situation is a bit different as you married before the move. But not really that big of a deal. Let Canada use the married name and not switch the middle name.  I would try with the passport and your marriage certificate you might get lucky and they add the new middle name.