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-   -   Name changes and babies! (https://britishexpats.com/forum/trailer-park-96/name-changes-babies-739259/)

Clarki Nov 17th 2011 9:22 am

Name changes and babies!
 
So I have been a happy green card holder for the better part of a year. I am planning changing my name back to my maiden name. My green card is in my married name, and I divorced a few years back and have been seperated since before I left the uk.

Has anyone had to change their name after receiving their green card? Any advice?

I also am planning on having a baby next year. Will the baby automatically have US residency, or do I have to do something to make that happen? I haven't consulted my immigration lawyer in the hopes that this is all fairly straight forward, but I will if its advisable.

Noorah101 Nov 17th 2011 9:29 am

Re: Name changes and babies!
 

Originally Posted by Clarki (Post 9739371)
So I have been a happy green card holder for the better part of a year. I am planning changing my name back to my maiden name. My green card is in my married name, and I divorced a few years back and have been seperated since before I left the uk.

Do you currently have a 10-year green card? How did you get your green card, was it through marriage to a USC?


Has anyone had to change their name after receiving their green card? Any advice?
You probably need to fill out an I-90 to get a new green card, and submit your divorce decree along with it, to show that your name change is legal.


I also am planning on having a baby next year. Will the baby automatically have US residency, or do I have to do something to make that happen?
If the baby is born in the USA, the baby will be a USC automatically.

Rene

ian-mstm Nov 18th 2011 12:41 am

Re: Name changes and babies!
 

Originally Posted by Noorah101 (Post 9739385)
You probably need to fill out an I-90 to get a new green card, and submit your divorce decree along with it, to show that your name change is legal.

I know what you mean... but, barring a court order, her maiden name has always been her legal name, regardless of any other names she has used or assumed.

Ian

Clarki Nov 18th 2011 6:24 am

Re: Name changes and babies!
 
Thank you for the responses.

I am on a 10 year green card which I got through an L1A visa. Will the way that I got my visa potentially affect the name change or baby?

My concern with the baby's nationality was to do with the fact that I am now in a same sex relationship, and live in a state where second parent adoption is legal. I am worried that because the baby won't have an american 'father' on the birth certificate, that it wouldn't be considered a resident or citizen. Thanks for the answer on the baby front. It is good to know that I have one less thing to figure out.

Bob Nov 18th 2011 6:59 am

Re: Name changes and babies!
 
If the baby is born in the US, it will automatically be a US citizen, unless you happen to be a diplomat.

The name change on the greencard, well you've been told what to do...though is it really worth doing? It's only a year old and in 4 years or so, depending on how long you've had the greencard already, you'd be eligible to apply for citizenship. Just a thought, only deal with this if you lose the card :)

Noorah101 Nov 18th 2011 8:22 am

Re: Name changes and babies!
 

Originally Posted by Clarki (Post 9740967)
I am on a 10 year green card which I got through an L1A visa. Will the way that I got my visa potentially affect the name change or baby?

No. I was concerned that you might have gotten the green card through marriage to a USC, and perhaps not had the 10-year card....etc....but you're OK.


My concern with the baby's nationality was to do with the fact that I am now in a same sex relationship, and live in a state where second parent adoption is legal. I am worried that because the baby won't have an american 'father' on the birth certificate, that it wouldn't be considered a resident or citizen.
Nope, the baby will be a USC just by virtue of being born in the USA.

If you took back your maiden name after your divorce, then your divorce decree probably states this (mine did). If you really want to change your green card, file form I-90, pay the fee, and include proof of your name change. But as Bob pointed out, you can just leave it as is until you apply for citizenship, and do a free name change at that time.

Rene

Clarki Nov 18th 2011 10:56 am

Re: Name changes and babies!
 
Thanks so much for your responses! A lot to think on.

My partner and I would like to both have the same last name as the baby so we're planning on her changing her last name to my maiden name.

Noorah101 Nov 18th 2011 11:10 am

Re: Name changes and babies!
 

Originally Posted by Clarki (Post 9741333)
My partner and I would like to both have the same last name as the baby so we're planning on her changing her last name to my maiden name.

This doesn't have anything to do with your own dilemma, though...that's a separate issue.

Rene

Bob Nov 18th 2011 11:35 am

Re: Name changes and babies!
 

Originally Posted by Clarki (Post 9741333)

My partner and I would like to both have the same last name as the baby so we're planning on her changing her last name to my maiden name.

That's got nothing to do with your Greencard.

Is this really worth the hassle, time and the $450 it would cost?

ian-mstm Nov 19th 2011 2:11 am

Re: Name changes and babies!
 

Originally Posted by Clarki (Post 9741333)
My partner and I would like to both have the same last name as the baby so we're planning on her changing her last name to my maiden name.

Unless you marry in a state which permits same sex marriage, a name change involves your parter doing a legal name change through the court.

Something to note, however: if she changes her name through the court system and you two ever split up... she can not simply return to her current name without once again going through the court system. Of course, that's really her concern and not yours.

Ian

Clarki Nov 21st 2011 7:10 am

Re: Name changes and babies!
 

Originally Posted by Bob (Post 9741360)
That's got nothing to do with your Greencard.

Is this really worth the hassle, time and the $450 it would cost?


Understood. We'd like the family to all have the same name. So yes, I think it would.

Clarki Nov 21st 2011 7:10 am

Re: Name changes and babies!
 

Originally Posted by Noorah101 (Post 9741343)
This doesn't have anything to do with your own dilemma, though...that's a separate issue.

Rene

I know, just adding context! :)

Clarki Nov 21st 2011 7:11 am

Re: Name changes and babies!
 

Originally Posted by ian-mstm (Post 9742286)
Unless you marry in a state which permits same sex marriage, a name change involves your parter doing a legal name change through the court.

Something to note, however: if she changes her name through the court system and you two ever split up... she can not simply return to her current name without once again going through the court system. Of course, that's really her concern and not yours.

Ian

We can't get married, and don't plan on it. Good to know that its difficult to change our name back once you've changed it through the court system. I didn't know that. Thanks for the info!

Bob Nov 21st 2011 9:45 am

Re: Name changes and babies!
 

Originally Posted by Clarki (Post 9746412)
Understood. We'd like the family to all have the same name. So yes, I think it would.

Well changing the name is a separate issue to changing ones name on the Greencard.

Adding additional steps and dealings with USCIS is usually best avoided, but, if that's what you want to do, go for it.


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