How Do You Change Your Name After Marriage and During Adjustment of Status for Marriage Based 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. 

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 the foreign national 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: https://www.gov.uk/changing-passport-information/name-marriage-and-civil-partnership. This gives the Green Card holder great peace of mind as they can travel with their Green Card and new passport as they are both bearing matching names. Of course, all IDs should be updated such as drivers license and Social Security card: https://faq.ssa.gov/en-us/Topic/article/KA-01981.

It’s best to find out how onerous 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

Any Green Card holder that 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 do. 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 I, Question D 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.

Questions: 

Does it look better if I use my married name to 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 exact process applies as for 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.

Contact us if you need help with your marriage based adjustment of status case today! You can call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation.