Buzzy Muffle

THANK YOU for all of the posts here and sites for the K-1. They have helped us tremendously!

I need advice for the other names used box. I have three first names I have used. The one on my birth certificate, a nickname and a first name I have adopted. I haven’t legally used the first name on my birth certificate for over 25 years. My nickname is the one I have legally used since and is the one on my US passport. I use my adopted first name professionally and, while I never legally changed it, I have used it on my tax returns since it’s on my W-2. From what I understand, using it for tax purposes doesn’t make it legal. It’s just an alias. I also use my ex’s surname. How should I list my name in the name box and what should I show as other names used?

Maybe I’m putting way too much thought into this, but I did have difficulty getting my passport issued with my nickname. Should I include a section in our K-1 submission with all the documentation I used for my passport showing the evolution of my name?

Thanks for any help!

sibsie

I'm no help at all but can't you just decide on one name, legally change it and stick with it? Seems like it would cause fewer problems long term.

HunterGreen

It seems logical to put the name from the birth certificate in the name box, and the others as 'other names used'... after all, that's what you're doing, isn't it?

Elaine

Dekka's Angel

I listed my full legal name in the "Name Box" and all variants in the Others box. Since the question asked for other names used, and did not ask me if legally they were all my name.

Like you, I'm in a situation where my legal first name is a name I happily left behind with graduation in high school. I have always since used my middle name - but with a spelling that is one letter different than what actually appears on my birth certificate (my parents gave me the Southern, not French, spelling of Renee). And of course I was married in there and took on my ex's surname for kid-identification purposes in several contexts, but never legally changed it.

I figured this was the best way to handle a fairly straightforward question.

Good luck!

dutchman2001nl

I agree with HunterGreen. Afterall, the name on your birthcertificate, that is your "real" name...

Buzzy Muffle

[QUOTE]Originally posted by Dekka's Angel
I listed my full legal name in the "Name Box" and all variants in the Others box.

Thanks for helping me to clarify my question! My legal name now is my nickname. I think that is the name I should use in box one. While my birth name may seem to be my "real" name, I have very little legal documentation in that name and what I do have is very old. So I tend to think that my birth name should be "other names used."

HunterGreen

You say you have a passport with your nickname/'new legal name'... and from what I gather this isn't the same name as listed on your birth certificate. I think what you probably should try and find out is which document takes preference in this case.
But, after realizing you have a passport in your nickname, I doubt you'll have much of a problem with whichever of these two names you put in the name box, as long as you have the proper documentation to prove that they're both you. KWIM?
These are just my thoughts on this and I may be wrong. Good luck!

Elaine

Buzzy Muffle

Thanks! That's reassuring! My passport app was kicked backed to me wanting more proof of my name. I was finally able to get my hands on some old school records and found my old SSN card with my birth name. That did the trick! I guess I'm over-concerned about what the BCIS wants in this box, but with my passprt experience, I don't want to take any chances!

Thanks again!

HunterGreen

You're welcome, but please remember I could be wrong! That's why I said try and find out which document takes preference in this case... if it's the BC then put that name in the name box, if it's the passport then use that name.

Elaine

Buzzy Muffle

I meant to add that I was going to take your advice. I thought I'd try contacting the BCIS directly, if that's advisable.

You have been so helpful! I will let everyone know what I find out in hopes it will help someone else!

jeffreyhy

Angel,

What is, in most cases , a person's "legal name"? (Is there even such a thing, really? Not asking about the case of a person who has gone before a court or a judge with some sort of 'petition' asking that a particular name be 'declared' as theirs.)

And in the case of a married woman who has taken her husband's surname?

And in the case of anyone who uses a name (first, middle, last, or any combination) that is different from the name that appears on their birth certificate?

As a practical matter, it's usually most convenient to use a name for which one has forms of ID that match the name.... but what makes a name a "legal name" as opposed to just a 'name' (without any adjectival qualifiers)?

Regards, JEff

Dad of 3

I agree with others. The name you use on your applications and supporting forms should be the EXACT same name as appears on your birth certificate. I am a little confused how you got a passport issued with a first name other than what is on your birth certficiate unless you legally had your name changed by a judge as the birth certificate, or expired passport, is what you need to obtain a passport.

If I were in your situation, I would then list ALL variations of your legal name that has been used on any document or for any other purpose (school, drivers license, employment, taxes etc) in the section for other names.

Additonally, when you file the inintial petition for a K visa, you will need to provide proof of your US Citizenship. You might want to submit a certified copy of your BC, an authenticated copy of the face page of your passport, and copies of any other government issued identification with any other different names so they can see that you are one and the same person.....doing this is more than you need to do...but it documents the information you provide.

Dekka's Angel

Ahh, a fun question with no correct answer but lots of possibilities. I'd say the "best answer" is dependent on a number of things all of which evince the arbitrary practicality that is the US federal government and its varied agencies - most notably the Social Security Administration and Internal Revenue Service (the ones who care the most about this stuff ).

If you are a minor or unmarried person who has not changed your name, your legal name is the name on your birth certificate.

If you have changed your name through a court process or other process, your legal name is the name shown on the judgment granting the change.

A married woman who takes her husband's surname still retains her unmarried name legally until she files the necessary paperwork with the Social Security Administration reassigning her records to her new name, and based on my experience the rest of federal government does not have to do business using any other name than the unmarried one, and often chooses not to (most notably the IRS) until it is done.

I therefore would say that the safest bet is to consider your your legal name to be the name which the social security administration believes to be your legal name (which usually lines up with your birth certificate unless you've filed some other document proving a different identity to them). I have personally had tax returns bounced back as "no such person" when I was married the first time and just started using my husband's surname without doing the necessary SSA filing. I know that for government benefits I have had clients who faced the same issue.

But in the end I cannot point to a statute setting this forth for you. There may be one, but I have never researched the matter.

Folinskyinla

Hi:

Beg to disagree a little -- it is not all that uncommon for a person to use a name different from the one on his/her birth certificate -- sometimes due to family usage. My father's "legal" name does not match his birth certificate and he did not learn this until he was an adult. He had some difficulty in getting a passport -- but he did get it in "legal" name. He has NEVER used the name on the B/C. But his school records, his D/L, his professional licenses all had the name he has always used.

Buzzy Muffle

As I said, my passport app was bounced back to me because I was requesting it be issued in my nickname. On my divorce papers, my birth name is listed with an aka of my nickname. There is also a section that stipulates the name that I "will further be known as." I'm assuming this is where I would have elected to go back to my maiden name. I elected my nickname with my ex's surname. I was told that this constituted a legal name change since the document would be recorded. I know (in some states at least) there is a legal document specifically for name changes, but I never filed one. As for my passport, the additional proof I provided was accepted and my passort was issued in my nickname.

So I think Hunter is correct in that I need to find out if my passport takes precedence over my birth certificate when it comes to the BCIS.