VinnyH

Your thread is greatly appreciated and I am sure it will be helpful to many. Sorry however that you went through so much trouble getting the info.
 
I guess the lesson to learn here is to always look at who signed a document and go up the food chain: for the N-662, despite being a USCIS form, it was signed by a judge, so start from the judge and go up the chain from there for the apostille. No wonder USCIS was so useless...
 
For the Certificate of Naturalization:
- if you present the original (which you never do since you ALWAYS keep the original for yourself), because it was signed by a district judge, only a district judge can issue an apostille.
- if it is a certified copy, because it is signed by the USCIS Field Office Director, the apostille must be issued by the U.S. Dept. of State.

That makes sense! I made this thread because information specifically about the N-662 name change was very hard to find, so I'm hoping if others need only that one they can get help here.
 
The only other source at all I found for the N-662 was the reddit thread, which thankfully is what altered me to the courts since USCIS would not even let me speak to a person about it. I hope others who search for this specific issue will come to VJ and see my thread.
 
 

Thanks @millefleur! It makes sense that a local (federal) district court judge can issue an apostille, as it seems that this ability was delegated to them by the U.S. Department of Justice. A federal judge is, in principle, very powerful and can certainly certify that he/she had the ability to certify that he/she had the authority to sign a document such as a court order for a name change... 😁
 
In any case, thanks for this information!!!!
 
As for the certified copy of the Certificate of Naturalization, I was explained that the only person (cabinet-level) who could certify a USCIS Field Office director signature is the Secretary of Homeland Security himself, but that Secretary typically would not issue an apostille, the prerogative instead granted to the U.S. Department of State (or, in some case the U.S. Dept. of Justice – which seems to be the judges themselves).
 
For mine, I did it during COVID-19, which was a long and fastidious exercise (7 months), so I hope the process has been made more simple. I followed the guidelines below on the DOS website itself, and it is very well explained.
 
https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/office-of-authentications.html
 
Good luck!

I'm attaching the front cover of the Apostille so you can see what it looks like. I also thought it would have to go to some higher up federal office but apparently that's not the case, it's the local court since the judge is the one who officiated the name change. We also obtained a copy of the N-662 via the local court here, not via USCIS or any federal office.
 
Note: We only got an Apostille on the N-662, not on the Naturalization Certificate itself. Perhaps this is why we didn't need a federal apostille?
 

 

 
 

As explained by other posters, you can request a certified copy of your Certificate of Naturalization by calling the USCIS in order to get an InfoPass appointment. Things you should know:
 
- the USCIS customer service who takes your call will not be the one scheduling the InfoPass appointment. He/she will act as a first level agent to whom you explain your situation. He/she will then take your contact information and will let you know that another agent will call you later. At least that was my experience when I called.
 
- It took me 3 weeks until another agent called me back, to whom I re-explained over the phone my situation and the need for a certified copy of my Certificate of Naturalization. She gladly booked me an appointment to the regional USCIS Office (actually the same that processed my N-400 and where I took the Oath).
 
- the day of the InfoPass appointment, I just showed to the InfoPass floor/section. I had with me 5x nice color photocopies of my Certificate of Naturalization that I wanted certified and explained to the InfoPass counter agent.
 
- first, she said she/they will only issue ONE certified copy, and she would make the photocopy HERSELF (it was a black & white on their poor quality paper) and totally refused the 5 color photocopies I had made on nice quality paper.
 
- then she wanted me to write down on a sheet of paper the official reason why I needed a certified copy of my Certificate of Naturalization, as a sworn affidavit. I wrote that I needed for some official and legal proceedings in my home country to prove to the Court that I acquired a foreign citizenship, and that I would subsequently have that certified copy apostilled by the U.S. Dept. of State and translated.
 
- she was then satisfied by the reason and asked me to take a seat and wait because the certification of the copy needed to be signed by the local/regional USCIS Director.
 
- after around 2.5 hours of waiting, she finally called me back to the counter, and gave me the (black & white) photocopy of the Certificate of Naturalization with an embossed seal of the USCIS, along with the USCIS Form G-24, which is the form whereby the Regional USCIS Director certifies that it is a true certified copy, with the Form G-24 signed and carrying also the embossed USCIS seal (see an example in the image attached I got from Google). She insisted on telling me that the two need always to be presented together, and that I should never alter them (staple or anything). She even insisted that the U.S. Dept. of State cannot alter them when they issue the apostille.
 
The whole process is FREE, except for the time you will spend/waste at the USCIS Office (before and on the day of the appointment).
 
As for the passport application:
 
- apostille issued by the U.S. Dept. of State would take a (very) long time, so I figured I would test by using that certified copy of my Certificate of Naturalization to apply for a passport.
 
- I had an appointment booked at the USPS Acceptance Facility and was ready to argue with the agent in case he/she would refuse the certified copy, by showing the Instructions of the DS-11 form.
 
- fortunately, I was able to grab an appointment at a U.S. Passport Agency (it was a miracle I got one) due to an urgent travel need popping up last minute. At that point, I cancelled the USPS appointment.
 
- I knew that I could just produce my original Certificate of Naturalization, because when you apply at a Passport Agency, you pick up your passport the very same day (show up/apply in tje morning, coming back mid-afternoon to pick up your passport) along with your original proof. Therefore, there was no risk I would have to wait for it to be mailed back with the stress of the USPS losing/damaging it.
 
- yet, I still experimented by producing the certified copy of the Certificate of Naturalization (the photocopy with the embossed seal + Form G-24) along with the photocopy of it, as if it was an original. In terms of ID, I needed to present a second one because I was not applying in the state where I resided. So I decided to present my Global Entry card, which is a federally-recognized ID (it's even a Real ID).
 
- suffice to say the agent at the U.S. Passport Agency did frown a bit his eyebrows as I stretched the rules (yet still technically compliant), and he asked me why I didn't have the original Certificate of Naturalization. I just said that I had to use it for other purposes at the time and that the true certified copy was acceptable per the rules published by the Dept. of State on both the DS-11 Form and on travel.state.gov/citizenship website page.
 
- after asking his supervisor, came back all smiley and nice and saying that everything was fine and that the certified copy would be considered as an original and returned to me. I paid by credit card, and he told me to come back at 3pm (I applied at around 10:30am).
 
- when I came back that afternoon, I picked up my newly printed U.S. passport, and I got back my certified copy of my Certificate of Naturalization.
 
I might be lucky in that instance but I successfully used the certified copy of my Certificate of Naturalization. That was more than a year ago, and in the meantime, after the passport application, I also got my certified copy apostilled and used in my home country. It was later returned to me and I have now the original Certificate of Naturalization, along with a true certified copy (apostilled), both of which will probably sit in my safe and be forgotten since they are no longer of use...
 
VinnyH
 
 

If I may add some information to what you've just written...
 
A visa (issued by the U.S. Dept. of State) is merely an authorization to show up / present yourself in front of a U.S. Immigration Officer (the CBP Officer – U.S. Dept. of Homeland Security) at a U.S. POE ("Point Of Entry") – might it be an airport or a land border POE.
 
The duration of the visa means that you can use (meaning to show up at a POE) at any time until its expiration. You can technically use it to present yourself at a POE on the very last day. For a B1/B2, it is generally 10 years.
 
The maximum duration allowed for your stay (as stamped on the passport) is left at the discretion of the CBP Officer, and ultimately decided upon entry (regardless of whether a visa mentions a maximum duration annoted as a remark by the Consular Agent who issued the visa – in the comments section). On the vast majority of the cases, people on a B1/B2 visa are granted a maximum stay of 6 months. This does not mean however that the visitor should stay that long, except for valid and legitimate reasons (how can a visitor indeed stay that long – this would demonstrate no ties in the home country, no job to go back to, and a stronger suspicion of immigrant intent).
 
In the case of OP @MLo, if your fiance intends to come back regularly to visit you on his B1/B2 visa while the I-130 and CR1 visa and processed, it would be wise to not stay up to full duration of 6 months, because it may potentially jeopardize the subsequent B1/B2 visits and bring suspicions upon himself.
 
I would advise 3-4 months, which should be enough for the wedding, spend quality time / honeymoon etc... assuming your fiance can take that much vacation and demonstrate he has the sufficient financial means.
 
Again, do not volunteer to provide more information than what the CBP Officer asks you. However, if asked how long he plans to stay, do not lie: be honest, factual, assertive with proof to back your plans (return ticket, events agenda, bank account balance etc...).

Stating that you are coming to the U.S. to marry a U.S. citizen will almost always bring scrutiny and unless the CBP Officer is easy that day, your fiance most likely will get additional questions. He needs to be prepared and convincing.
 
Good luck

If I may add some information to what you've just written...
 
A visa (issued by the U.S. Dept. of State) is merely an authorization to show up / present yourself in front of a U.S. Immigration Officer (the CBP Officer – U.S. Dept. of Homeland Security) at a U.S. POE ("Point Of Entry") – might it be an airport or a land border POE.
 
The duration of the visa means that you can use (meaning to show up at a POE) at any time until its expiration. You can technically use it to present yourself at a POE on the very last day. For a B1/B2, it is generally 10 years.
 
The maximum duration allowed for your stay (as stamped on the passport) is left at the discretion of the CBP Officer, and ultimately decided upon entry (regardless of whether a visa mentions a maximum duration annoted as a remark by the Consular Agent who issued the visa – in the comments section). On the vast majority of the cases, people on a B1/B2 visa are granted a maximum stay of 6 months. This does not mean however that the visitor should stay that long, except for valid and legitimate reasons (how can a visitor indeed stay that long – this would demonstrate no ties in the home country, no job to go back to, and a stronger suspicion of immigrant intent).
 
In the case of OP @MLo, if your fiance intends to come back regularly to visit you on his B1/B2 visa while the I-130 and CR1 visa and processed, it would be wise to not stay up to full duration of 6 months, because it may potentially jeopardize the subsequent B1/B2 visits and bring suspicions upon himself.
 
I would advise 3-4 months, which should be enough for the wedding, spend quality time / honeymoon etc... assuming your fiance can take that much vacation and demonstrate he has the sufficient financial means.
 
Again, do not volunteer to provide more information than what the CBP Officer asks you. However, if asked how long he plans to stay, do not lie: be honest, factual, assertive with proof to back your plans (return ticket, events agenda, bank account balance etc...).

Stating that you are coming to the U.S. to marry a U.S. citizen will almost always bring scrutiny and unless the CBP Officer is easy that day, your fiance most likely will get additional questions. He needs to be prepared and convincing.
 
Good luck

He must answer all questions honestly. Simply. IF asked.. no need to offer information that is not asked  
 
Who are you visiting ? My fiancé.  
Are you planning to get married while you are here ? Yes.. and i will be returning to my home country after the visit. 
 
Remember that, even though his visa states a maximum stay , the CBP officer may authorize a shorter time period 

Big NO
Have you even read what we all wrote to you? What you are trying to do is immigration fraud.
 
My post was to explain why you might hear about some people who did successfully adjust status while on a tourist visit, but again, this does not apply to you.
 
I also wanted to clarify about Canadians not needing an ESTA.
 
Again, do the K1 or CR1.
 
The Mods should close this thread.
 

Canadian citizens do not need an ESTA to enter the U.S. nor do U.S. citizens not need an eTA to enter Canada.
 
But as it was written by other members earlier, all of this is a moot topic since entering the U.S. on a tourist (non-immigrant) visit (ESTA or other tourism visa) with the intention to adjust status is immigration fraud.
 
There have been cases where tourists would enter the U.S. on an ESTA, fell in love, got married and then adjusted status, but that was because it was all in good faith and the tourist did not have immigrant intent (to adjust status) at the time he/she initially entered the U.S., which is clearly not your case.
 
As advised above, either go the K1 or CR1 path.

Big NO
Have you even read what we all wrote to you? What you are trying to do is immigration fraud.
 
My post was to explain why you might hear about some people who did successfully adjust status while on a tourist visit, but again, this does not apply to you.
 
I also wanted to clarify about Canadians not needing an ESTA.
 
Again, do the K1 or CR1.
 
The Mods should close this thread.
 

Unbelievable...30 days while other legal applicants wait 3 to 8 months......

Also, what surprised me the most was "how the hell was she able to board her flight into Rome from the U.S.?".
 
Clearly the airline that issued her the boarding pass without checking her eligibility (Schengen visa) was bearing the responsibility and it was a clear case of it being legitimately fined for this situation.
 

I saw that episode on National Geographic "Catching A Smuggler / Border Control – Italy" taking place mainly in Rome Fiumicino airport (FCO) with that unfortunate Filipino young woman who just landed and was detained because she didn't have a proper Schengen visa. She was traveling with her U.S. citizen husband and they were to catch a cruise throughout the Mediterranean for their honeymoon.
 
She was a (probably conditional) green card holder with a Filipino passport and assumed that her green card would act as a visa. The Italian immigration police officer kindly explained to her that the green card is for U.S. only and bears no relevance in the E.U. and her Filipino passport required a Schengen visa.
 
Although sympathetic to her pleading, they still denied her entry and was put on a flight back to the U.S. where, in tears, she was reunited with her husband who consoled her.
 
It was a young couple who look nice and harmless, but well... dura lex sed lex. This is clearly a cautionary tale. Many people seem to think that a green card is the sesame that will open the door to the whole world in terms of travel...

Your IR1 visa contains your Alien#.   Landed Resident.  That will be your LPR/PRC# if what you see in your Registration Number is less than 9 chars, just add zeros.  example in image below 00000473 (8chars); in green card prints as 000-000-473

 

Also, what surprised me the most was "how the hell was she able to board her flight into Rome from the U.S.?".
 
Clearly the airline that issued her the boarding pass without checking her eligibility (Schengen visa) was bearing the responsibility and it was a clear case of it being legitimately fined for this situation.
 

Also, what surprised me the most was "how the hell was she able to board her flight into Rome from the U.S.?".
 
Clearly the airline that issued her the boarding pass without checking her eligibility (Schengen visa) was bearing the responsibility and it was a clear case of it being legitimately fined for this situation.
 

I saw that episode on National Geographic "Catching A Smuggler / Border Control – Italy" taking place mainly in Rome Fiumicino airport (FCO) with that unfortunate Filipino young woman who just landed and was detained because she didn't have a proper Schengen visa. She was traveling with her U.S. citizen husband and they were to catch a cruise throughout the Mediterranean for their honeymoon.
 
She was a (probably conditional) green card holder with a Filipino passport and assumed that her green card would act as a visa. The Italian immigration police officer kindly explained to her that the green card is for U.S. only and bears no relevance in the E.U. and her Filipino passport required a Schengen visa.
 
Although sympathetic to her pleading, they still denied her entry and was put on a flight back to the U.S. where, in tears, she was reunited with her husband who consoled her.
 
It was a young couple who look nice and harmless, but well... dura lex sed lex. This is clearly a cautionary tale. Many people seem to think that a green card is the sesame that will open the door to the whole world in terms of travel...

I saw that episode on National Geographic "Catching A Smuggler / Border Control – Italy" taking place mainly in Rome Fiumicino airport (FCO) with that unfortunate Filipino young woman who just landed and was detained because she didn't have a proper Schengen visa. She was traveling with her U.S. citizen husband and they were to catch a cruise throughout the Mediterranean for their honeymoon.
 
She was a (probably conditional) green card holder with a Filipino passport and assumed that her green card would act as a visa. The Italian immigration police officer kindly explained to her that the green card is for U.S. only and bears no relevance in the E.U. and her Filipino passport required a Schengen visa.
 
Although sympathetic to her pleading, they still denied her entry and was put on a flight back to the U.S. where, in tears, she was reunited with her husband who consoled her.
 
It was a young couple who look nice and harmless, but well... dura lex sed lex. This is clearly a cautionary tale. Many people seem to think that a green card is the sesame that will open the door to the whole world in terms of travel...

Also, what surprised me the most was "how the hell was she able to board her flight into Rome from the U.S.?".
 
Clearly the airline that issued her the boarding pass without checking her eligibility (Schengen visa) was bearing the responsibility and it was a clear case of it being legitimately fined for this situation.
 

I saw that episode on National Geographic "Catching A Smuggler / Border Control – Italy" taking place mainly in Rome Fiumicino airport (FCO) with that unfortunate Filipino young woman who just landed and was detained because she didn't have a proper Schengen visa. She was traveling with her U.S. citizen husband and they were to catch a cruise throughout the Mediterranean for their honeymoon.
 
She was a (probably conditional) green card holder with a Filipino passport and assumed that her green card would act as a visa. The Italian immigration police officer kindly explained to her that the green card is for U.S. only and bears no relevance in the E.U. and her Filipino passport required a Schengen visa.
 
Although sympathetic to her pleading, they still denied her entry and was put on a flight back to the U.S. where, in tears, she was reunited with her husband who consoled her.
 
It was a young couple who look nice and harmless, but well... dura lex sed lex. This is clearly a cautionary tale. Many people seem to think that a green card is the sesame that will open the door to the whole world in terms of travel...

Correct unless you leave your L1 sponsor employer and find a new job using your EAD.
 
Coming in to the country using AP when you have a valid L1 (ie you don’t find a new job using EAD) brings you in as a parolee as opposed to L1 status. This is a risk if your AOS is subsequently denied and you no longer have status. 
 
the link above explains

Interesting link thanks.
So basically, if you accidentally registered to vote, you should be fine, but if, as part of the registration process there is a specific question asking you to confirm that you are a USC (I guess it would depend on each state's DMV) and you replied "yes", then you might run into an issue because you clearly misrepresented that you are a USC.
 
I agree that OP's wife should have with her all the justification documentation and ready for a strong explanation.

Agree with everyone else, apply under the 5-year rule. You generally apply under the 3-year rule when you don't qualify under the 5-year rule but it usually goes with more scrutinity.
 
Also, a humble opinion/comment: unlike the K-1 process and the I-485 where the sponsorship, involvement, support and oversight from the U.S. spouse is critical, the N-400 is a deeply personal journey. Your husband has been here in the U.S. for all those years and took the decision to naturalize and become a U.S. citizen... I am wondering why you are applying for him. He can do it by himself. Also, you won't be there with him the day of the interview and it would be best for him to do the application himself as he will be questioned on his answers.

Is it for a VIE ("Volontariat International en Entreprise")? As a French citizen, I came to the U.S. on a J-1 visa for my training in a French bank.
 
The visa consular agents are extremely careful that you demonstrate to them that you have no immigrant intent by proving your ties to your home country, and make sure that you plan to go back home after your trainee program.