Marriage Certificate as Legal Name Change Document in the US - What you Need to Know when Applying for a Marriage Green Card

Many states grant a legal name change when the foreign national spouse gets married. The new married name is usually printed on the marriage certificate if you apply for the license requesting the name change. If the new name is printed on the marriage certificate, it gives the foreign national the right to elect to use their spouse’s last name or to hyphenate their name with their spouse’s name. Whatever decision is made at this point, the foreign national should, going forward, consistently use the name they opt to take, especially if you are getting ready
If the foreign national spouse wants to use their married name on their Adjustment of Status application (assuming the marriage certificate bears the new married name) they can certainly do so. The biggest consideration to keep in mind is how challenging it would be for foreign nationals to update all their other IDs, especially their passport. It is important to note that the Green Card just means that you are a resident of the United States. It does not mean you are a citizen of the United States so you will still have your foreign passport from your home country. You will only get your citizenship after having your Green Card for three years (if you are still married to your US citizen spouse on your 3 year anniversary of your Green Card) or 5 years.

Some countries, such as the United Kingdom have a process where the newly married Green Card holder can apply for a new passport. This gives the Green Card holder great peace of mind as they can travel with their Green Card and new passport as they both bear matching names. Of course, all IDs should be updated such as driver’s license and Social Security card.

It’s best to find out how challenging it is to obtain a new passport from your country if you change your name, especially if you are planning imminent travel. The new Green Card holder doesn’t have to update their passport, even if their Green Card has their married name and their passport has their maiden name, as long as they travel with an original copy of their marriage certificate that shows the legal married name. We generally do not advise that both documents have different names due to the current climate, but it has not yet been a problem. We do, however, caution against this because you can’t anticipate how a foreign country will regard any inconsistencies. The main thing is that the names on the airline and the passport should be an exact match.

Name Change During the Naturalization Process - It’s Much Easier than you Think!

Any Green Card holder who qualifies for US citizenship can legally change their name to any name they wish. So, if the Green Card holder wants to wait until they qualify for US citizenship to change their name, either on their three or five-year anniversary of their Green Card, they can so. They can then apply for a United States passport which will bear their married name as applied for in the naturalization petition and will appear as such on their naturalization certificate. 

You can legally change your name without additional court procedures by simply filling in your chosen new name on USCIS Form N-400 (the Application for Naturalization issued by U.S. Citizenship and Immigration Services, or USCIS). Part 2, Question 3 of the form is specifically meant for this purpose. However, there is one catch. This name-change service is available only through USCIS offices where the swearing-in (oath) ceremonies are held in a courtroom and presided over by a judge, not a USCIS officer. The judge has the authority to grant your name change at the swearing-in ceremony.

In some regions of the United States, ceremonies presided over by a judge are held only a few times per year, so asking for a name change will result in a delay in receiving your citizenship. In other regions, the swearing-in ceremonies are held at a USCIS office—sometimes right after the naturalization interview. In such a case, your request for a name change on Form N-400 cannot be acted upon. You will need to follow the name change procedures provided under your state’s law, which will most likely involve filing a name change petition with the state court. After the court grants your name change, and assuming you have already become a US citizen, you will need to apply to USCIS for a new certificate of naturalization, using USCIS Form N-565.

My marriage green card came with my maiden name, how can I update my green card to reflect my married name?

If your marriage green card arrived with your maiden name, you may be wondering how to update it to reflect your married name. This is a common situation for many applicants who either chose to apply with their maiden name or got married during the green card process. Updating your green card to match your new married name is straightforward, but it does require a few steps.

The process for changing the name on your marriage green card involves filing Form I-90, Application to Replace Permanent Resident Card. You can use this form to update any information on your green card, including a name change. When completing Form I-90, you’ll need to select the reason for your request (in this case, a name change due to marriage) and provide supporting documentation, such as your marriage certificate, that verifies your name change. Make sure your documents are official and up-to-date, as USCIS will need to verify your legal name change before issuing a new card.

Additionally, it's essential to remember that there is a filing fee for Form I-90. USCIS may charge a fee to process the replacement card, so be prepared to cover this cost. Once you submit your application and supporting documents, USCIS will issue a receipt notice, allowing you to track the progress of your case. Processing times for a green card name change can vary, so it’s a good idea to check current USCIS processing times on their website for the most accurate estimate.

In the meantime, you may want to carry both your marriage green card with your maiden name and a certified copy of your marriage certificate as proof of your new name. This can help avoid any potential issues if you need to travel or show proof of identity while waiting for your updated green card.

By following these steps, you’ll be able to have your marriage green card updated to reflect your married name, ensuring your immigration documents align with your legal name change. It's a great way to celebrate your new chapter as a married couple while keeping all your official records consistent!

Pros of Updating Your Green Card to Reflect Your Married Name

1. Consistency Across Legal Documents
   Updating your marriage green card to show your married name ensures that all your identification documents match, making it easier to prove your identity. This consistency can be particularly important when traveling, applying for jobs, or dealing with financial institutions.

2. Smooth Travel Experience
   If your passport, driver’s license, and other IDs reflect your married name, having your green card match can simplify travel. It eliminates the need to carry extra documentation (like a marriage certificate) to prove your name change, which could reduce delays or confusion with airport security and customs officials.

3. Avoiding Potential Confusion
   If you’re planning to apply for U.S. citizenship in the future, having all your documents in your married name can streamline the process. A consistent name history helps minimize complications and reduces the chance that USCIS will request additional documentation or clarification on your identity when you apply for naturalization.

4. Emotional Significance
   For many people, updating their marriage green card to their new name is a symbolic act that reflects a new chapter in life. It can be meaningful to officially take on your spouse’s name, showing unity and a fresh start together.

Cons of Updating Your Green Card to Reflect Your Married Name

1. Processing Time and Possible Delays
   Filing Form I-90 to update your green card with your married name can take several months to process. During this time, you’ll still be able to use your current card, but the wait for a new one can be inconvenient, particularly if you’re planning to travel or need your green card for employment verification.

2. Associated Fees
   USCIS charges a filing fee for the I-90 form, so updating your green card with a new name will come with additional costs. This fee may be a consideration, especially if you’re not required to change your green card name immediately and can wait until your card’s renewal.

3. Document Gathering Requirements
   When filing to change the name on your marriage green card, you’ll need to submit a marriage certificate and potentially other supporting documents. Gathering these documents, especially certified copies, can take time and effort, particularly if you were married abroad.

4. Future Updates and Potential Costs
   If you plan to make other changes to your green card in the future (for example, if you later change your name again), you may incur additional fees and processing times each time you request an update. Some people may prefer to wait and update their green card name only when necessary to avoid repetitive applications.

Ultimately, changing your green card to reflect your married name is a personal choice. While it has clear benefits for consistency and identity verification, it also involves costs and waiting periods. Weigh these pros and cons carefully to determine the best option for your situation with your marriage green card.

Questions: 

Does it look better if I use my married name for my Green Card case with USCIS?

We don’t advise our clients to do certain things just to make it look more authentic to USCIS. If the marriage is real, as it must be, the couple should not take actions merely to satisfy USCIS. If it’s an authentic desire for the foreign national to change their name, then they should. If not, then obviously they shouldn’t. A name change is a major step and one that should be taken after careful consideration.  

My husband and I are both males and we had a same-sex marriage. Can I still, as a foreign national, take his last name as my surname? 

Yes—in NY, the same process applies to heterosexual couples, as explained above.  On June 26, 2015, the US Supreme Court issued a landmark ruling that granted same-sex couples a constitutional right to marry. The 5-4 decision in Obergefell v. Hodges legalized gay marriage nationwide, including the 14 states that did not previously allow gay marriage. The decision rested in part on the court’s interpretation of the 14th Amendment; the justices ruled that limiting marriage to heterosexual couples violates the amendment’s guarantee of equal protection under the law.
Over the years, we at Khunkhun Law have helped countless individuals obtain and keep their Green Cards. Retaining one of our attorneys will ensure that your case is in the right hands, as we offer a customized approach to each case.

Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.