UPDATE!
Got a call from CBP, the Chief assured me I was in the right, my understanding of the law was accurate, and in the future to simply ask to speak to a supervisor (I didn't know that was an option!) He also assured me I will not have issues in future travel.
So guys, let it be known: Your foreign passport and permanent resident card surnames don't need to necessarily match! I'm just going to bring my marriage certificate along next time in case.
UPDATE!
Got a call from CBP, the Chief assured me I was in the right, my understanding of the law was accurate, and in the future to simply ask to speak to a supervisor (I didn't know that was an option!) He also assured me I will not have issues in future travel.
So guys, let it be known: Your foreign passport and permanent resident card surnames don't need to necessarily match! I'm just going to bring my marriage certificate along next time in case.
So I passed my interview!
My appointment time was 7:55am. I was a bit early but there was already a long line at the NYC office. i was sent into an overflow room with fewer people, and about 30min after that I was called.
My IO was nice enough, at first she was all business. I did the oath to tell the truth, then we sat down and I handed over my various forms of ID. She asked me the following questions:
1. What group of people was taken to America and sold as slaves?
2. Who makes federal laws?
3. Who is the vice president of the united states?
4. What is the highest court in the united states?
5. How many amendments does the constitution have?
6. Why did the colonists fight the British?
I got all 6, so she moved on. I had to read something about "Who appoints the representatives" and had to write "The people appoint our representatives" or something like that. English is my first language so that took zero time.
She then went through my application, it was all very straightforward. Her English was terrible and I had huge issues understanding what she was saying most of the time, but luckily I saw my application in front of her and was able to see when I'd checked no/yes and answer accordingly. Also, the interview in the office across from me was NOT going well, the IO was yelling at the guy and pacing and saying he was wasting her time, asking the same thing over and over. My IO told the other one to call the supervisor and stop the interview, but she decided to close her office door instead and continue to berate the poor dude.
After everything wrapped up I signed everything I needed to sign, she told me very long stories about her daughter-in-law (since my middle name was her first name, I think), and then I was given the paper that said I was recommended for approval and sent on my way! She didn't even ask me for any of the supporting documentation I brought!
Looking forward to the oath ceremony and being done with USCIS!
Hi all,
I've been a US Permanent resident since 2013, I recently had my conditions lifted, my N400 is in process and I'm in line for an interview. I have a new shiny 10yr greencard in my married name. My Canadian passport is in my maiden name. The first couple of times I travelled I brought my marriage certificate, until officers told me they didn't need it. I have been hesitant to change my Canadian passport name remotely because I am uncomfortable sending all of my original identification documents (birth certificate, current passport etc) through the mail and wanted to wait until I had a long time of no travel in order to do it. Fortunately for me but not for this, I travel back home too often to wait it out and now have an imminent death in my family.
Since 2013 I've visited Canada 13 times and have had zero real problems in with customs in the airport, except recently.
I recently had an experience with a CBP officer when returning home to the US after 4 days in Canada. He was very rude and angry from the jumpoff and didn't even say hello. I know they can be this way, especially in the pre-clearance section at the airport I was traveling through. Even so, I always maintain a friendly demeanor and readily handed him my documents.
He scans my green card, then looks at both of my documents, and asks me why the names don't match. I explain that my passport is in my maiden name but green card in my married name. He tells me I "can't do that". I am confused, because I have travelled by air between the US and Canada this way 13 times in the last 3 years and have never once had a problem. I tell him this. He then begins to YELL at me: "YOU CAN'T DO THAT, WHAT DO YOU ENTER THE UNITED STATES WITH?" "My passport and green card" "NO, YOU ENTER WITH THIS *holds up my green card* AND THIS DOESN'T MATCH YOUR PASSPORT, SO WHEN I SCAN YOU NOTHING COMES UP" I apologize again and specify, again, that this is the first I'm hearing of this because I've never had a problem for 3 years. The agent tells me I'm "going to have a problem NOW". He adds a note saying I have to change my passport name (what?)
He is angry because I didn't book my travel with my married name. I try and tell him that's impossible for me to do because my ticket must match my passport. He doesn't like that answer. He then questions me over and over why my names don't match. He tells me I HAVE to change my passport name because it's "not [my] name anymore". He is then angry cause i'm "going back and forth" with him, when really I'm trying to answer his questions politely. I literally had no idea what he wanted out of this exchange. It's not like I could march over to the passport office in that moment? Besides, the only other time I ever had an overly surly CBP officer, he told me no matter what that my greencard possession trumps any issue he could possibly have with me and cannot refuse me entry.
I finally concede and tell him I'll change it when I get home to the US. He looks at me for a minute, asks me if I'm carrying food. I say no. He sends me to secondary inspection and codes it under food. The secondary agent looks at my customs card, asks me what food I'm carrying. I say none.The secondary agent searches my bag, sees I'm telling the truth, looks confused and then asks me what the first agent told me.
"He told me I have to change the name on my passport".
The other agent smiled apologetically and sent me on my way.
I have submitted a complaint with CBP, but furthermore I have a few issues with this:
1. Under Canadian law I am not legally required to change my name EVER.
2. This US border agent is trying to tell me to legally change my name in Canada- what?
3. My greencard is the trump card. Usually border agents don't care about my ticket name, they care about my identification. This has never been an issue and I travel back and forth roughly every 3 months.
4. USCIS knows my maiden name, it's always under "other names" in literally every document I've ever filled out for them.
5. In hindsight I probably didn't pop up in the system on this trip because my green card was new. So now this guy has apparently noted I need to legally change my name in another country, instead of just noting my maiden name.
6. Is he basically just full of it?
I have another trip coming up again in June with my husband, and I plan on bringing my marriage certificate along. How can I resolve this issue/possible flagging? Should I also bring my expired permanent resident card if they really wanted to check up on it?
I want to ask for your feedback and if you guys know the specific references to laws on this subject, cause I'd like to have those too in case.
To reiterate, I can't really start changing my Canadian name from the US right now and surrendering my current passport, because there is an imminent death in my family. I need to able to get home on short notice.
Thank you guys!