Changing Your Name: A Guide for Marriage-Based Green Cards and Citizenship

Article Topics

Overview

If you recently married a U.S. Citizen or U.S. green card holder, chances are you are considering whether or not you should change your name, and how to do so. While changing your name can be a tedious task, doing so through the USCIS is quite simple–it just takes a little time. If your name has been legally changed, it should be updated with USCIS immediately in order to comply with USCIS requirements. Make sure that if you do decide to change your name, you add changing it with USCIS to your to-do list. It is very important that your green card or naturalization documentation correctly reflect your legal name.
Some individuals may need to change their name for other reasons such as name misspelling, originally using a fictitious name, clerical error, etc. For more information on these types of cases, see the USCIS guide here.

Step 1: Determine if Changing Your Name is Right for You

Whether or not you or your spouse change your last name following marriage is a personal decision. While conventional, changing your last name to match that of your spouse is not required in the United States. In fact, there are a number of name-changing variations that are starting to become increasingly popular, such as using a hyphenated last name that includes the surname of both you and your spouse.

Regardless of how you choose to change your name, doing so presents a number of benefits and challenges. Here is a brief summary of some of the pros and cons associated with changing your name:

Pros

Proving that you are married can be much easier when traveling
Can offer additional ease when children are involved
Easier to prove that you are married when one of you is admitted to a hospital

Cons

Can be expensive
Time Consuming
Can be difficult for working professionals who have built a career using their previous name
Can take a long time for replacement immigration documentation to arrive
Replacing documentation can be expensive

Step 2: When to Change Your Name

The answer to when you should change your name following marriage varies from person to person. While many recommend waiting to change your name until you apply for Citizenship/Naturalization, name changes can be done earlier in the immigration process. For example, name changes can happen when initially filing for your marriage-based green card. Additionally, those who decide to change their name after they have already been granted their green card or Citizenship (Form N-400), can file to have their name changed by filing for a card replacement. This is done using either Form I-90 (Application to Replace Permanent Residence Card) or Form N-565 (Application for Replacement of Naturalization/Citizenship Document), depending on which step the application is in in the immigration process. However, something to consider is that it can be quite expensive to get a replacement card with it costing up to $540 to replace a green card and up to $555 to replace a naturalization certificate.

So all things considered, there is no single time during the immigration process that an immigrant is supposed to change their name. Rather, there are multiple times when changing one’s name is possible. When deciding which time would work best, there are a number of things you should consider such as timing, and cost. The details of the potential “times” or ways you can change your name are detailed in the section below.

Remember that regardless of what stage in the immigration process you are in, your immigration documentation should reflect your legal name. For that reason, you should avoid changing your legal name until you are prepared to change it on your immigration documentation as well, and vice versa.

Step 3: Change your Name

First, an individual’s name must be legally changed under applicable state law. The legal process and the required fees for changing your name will differ slightly depending on the state you are living in, so make sure you are familiar with your specific state’s requirements. After legally making this change under state law, you are then eligible to apply for a green card or naturalization under your new legal name, or apply to replace your old green card or old naturalization certificate.

Note that when submitting evidence of a legal name change, a photocopy of your name change document is not sufficient. The document you submit must be officially registered with the proper civil authority. You will need to request a registered copy of your name change document if you do not already have one. This should be in addition to the original registered copy you keep for your personal records.

Changing Your Name While Filing For Your Green Card

When filing for a marriage-based green card, you are able to change your name simultaneously, as long as you have sufficient proof of your marriage. To do this, you would simply need to file under your new married name and include your previous maiden name in the section designated for “previous names ”. This means you will list your new married name as your legal name on all the forms you fill out. Remember to be consistent as any inconsistencies can increase the likelihood of your application being delayed or rejected. You will also need to include a copy of your marriage certificate with your application as evidence of your union. Because you are originally filing for Permanent Residency with your new name, no additional costs are incurred with this option, apart from any filing fees associated with your state’s name changing process.

Changing Your Name After Being Granted a Green Card

Many applicants do not change their name before applying for permanent residency. If they wish to change their name after applying, they can do so by filling out Form I-90, Application to Replace Permanent Resident Card. It can be used for a number of purposes, including changing the name on a current green card.

Lawful Permanent Residents (green card holders) who change their name due to marriage (or because of other circumstances) are able to travel using their original U.S. green card in their prior name as long as they bring proof of their name progression. Proof could include a marriage certificate, or other court documents showing a legal name change.

Form I-90, Application to Replace Permanent Residence Card

Specific Instructions:

For item numbers 3.a. – 3.c. provide your full legal name in the spaces provided. If formally legalized by your state, this would be your new married name.

Item number 4 on the form provides a space where you can indicate that your name has legally changed since the issuance of your green card/ Permanent Resident Card. Select the appropriate box (“Yes”), and then continue to Item Numbers 5.a. – 5.c.

For Item Numbers 5.a. – 5.c., you should provide your name exactly as it is printed on your Permanent Resident Card (green card), even if it has changed since that card was issued. This means that assuming you used your maiden name on your original green card, you would list that maiden name in this section.

Don’t forget to include all the required documentation and filing fees with your application.

Cost: Unlike some of the other options, changing the name on your green card has some associated filing fees. These include a filing fee of $455 and a biometrics fee of $85, for a total filing cost of $540.

Required Information and Documents

Legal Name
Date of Birth
Mailing Address
Copy of your current green card
Filing fee of $540
Name exactly as it appears on your Permanent Resident Card (green card)
Registered copy of Marriage certificate and/or other court-issued document showing that your name was legally changed
- Legal name change documents must have been registered with the proper civil authority.

Submitting: Can be submitted online or by mail to the USCIS. For more information on how to file and submit Form I-90, see the USCIS website here

Status Updates: Once you fill out your Form I-90 you will be able to access your online account. If you file online, you will create an online account yourself. However, if you file on paper, USCIS will scan the documents online and create your online account for you. After USCIS creates your online account they will send you instructions on how you can access your USCIS online account and see status updates.

Wait Time: Currently, the average estimated wait time for Form I-90 to be processed is approximately 6 -11 months.

More Information: If your request for a name change is approved, you will be sent a new green card. However, if USCIS wants more information from you, you may need to go to a USCIS office for an interview or provide additional documentation.

Changing your Name When Filing for Citizenship/Naturalization

Any green card holder that qualifies for U.S. Citizenship is able to legally change their name to any name they wish, assuming it meets a few specific requirements. If that Legal Permanent Resident (green card holder) wishes to wait 3 or 5 years until they qualify for U.S. Citizenship, they can change their name when they apply for U.S. Citizenship. Doing so concurrently with their N-400 application does not incur any additional costs, allows them to apply for a United States passport with their new married name on it, and will result in their married name appearing on their Naturalization Certificate as well.

Form N-400, Application for Naturalization

Instructions: Part I, Question D of the form is specifically meant for you to change your name

The name-change service is only available at USCIS offices that offer swearing-in (oath) ceremonies in a courtroom, presided over by a judge. Only a judge has the authority to grant your name change at the swearing-in ceremony, a USCIS officer does not. Additionally, not all offices offer this service. Some regions only have ceremonies presided over by a judge a few times per year. If you live in these regions, it will likely result in your Citizenship application taking longer than others.

Occasionally the swearing-in-ceremonies are held at a USCIS office–sometimes right after the naturalization interview. When the ceremony occurs after the naturalization interview, the request for a name change on Form N-400 cannot be acted upon. In this case, the applicant would need to follow the name-change procedures specific to their state’s law and apply for a name change after their Naturalization/Citizenship has been granted. The instructions for this process are detailed below.

Changing your Name After Citizenship has Been Granted

If you decide to change your name after your Citizenship/ Naturalization Certificate has already been granted, there is a way to do that too! However, it does require the payment of an application fee as well as any other costs associated with changing your name on your U.S. passport, and any other official documents. To request a name change on your U.S. Naturalization Certificate you simply fill out and submit Form N-565, Application for Replacement Naturalization/Citizenship Document.

N-565, Application for Replacement Naturalization/Citizenship Document

Instructions: Anyone applying for a new document due to a name change will be required to fill out Part 5 on the form. You must also include your original document, as well as a copy of your marriage certificate and a copy of evidence that your name has legally been changed to the new married name.

Cost: Filing Fee of $555

Required Information and Documentation:

2 identical passport-style photographs
Your original document or certificate (note that a copy of this document is not acceptable since you are applying for a name change. You must submit the original).
Evidence of marital status change (copy of marriage certificate)
Evidence of legal name change

Wait Times: Currently, the average national wait time for Form N-565 acceptance is 6-8 months. You can stay up-to-date on the USCIS processing times by checking the USCIS website here.

More Information: For more information on how to file and submit Form N-565, see the USCIS website here

Conclusion

In conclusion, changing your name is a long, tedious, often expensive process! Changing your name through USCIS is just one of the many steps that need to be taken. Remember not to change your name legally until you are ready to change it on your immigration documentation so that you can align with USCIS regulations.

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