I got married 3 months ago and would like to change my last name. My immigration lawyer told me this would be a case for a civil lawyer. My paperwork is still with the lawyer (my visa has expired and right now i am without status. I can't apply for a new ID either because of that) So i need to know wether it's possible to take my husbands last name, even though i am technically in an overstay. ICE already has me on their radar due to a different incident but lifted the hold on me for now. I live in Florida.
For immigration purposes, you are allowed to use the last name of your husband and there is no need for you to have a legal name change in a civil court for that to happen. In addition, assuming that you are approved for your residence and apply for US citizenship at the appropriate time, you are allowed a free legal name change upon request at the time of your naturalization.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Changing a name based on marriage is simple and doesn't usually require court intervention. You just show your marriage certificate to most of those involved and they will allow you to change to your married name. For example, driver's license, social security, banks, etc. will all simply change your name on your request if presented with the marriage certificate.
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