Identification Issues

[cvoyles2]

I searched before posting this, so hopefully it hasn't been asked before.

 

My fiance and I are getting married in February and taking a closed loop cruise for our Honeymoon on the NCL Sun.

 

While we were talking the other night, we realized that her AZ drivers license has one last name while her birth certificate has another. Apparently, her mom changed her name when she was about 7 by just going down to the SS office and changing it. Keep in mind this was over 30 years ago.:eek:

 

Has anyone ever ran into this issue? How did you handle it?

 

Thank you for reading and responding.

[bakerintn]

I would think that you have time to get her name legally changed in AZ before your wedding. With that document and the original birth certificate, she should be OK....she will need to do this long term anyway...getting a passport, getting correct credit for Social Security...getting visas...getting the new national ID card...getting a new drivers license after the law changes, etc.

 

although this is a commercial site, it does have some plain-language general information on the process:

 

http://www.arizonanamechangelaw.com/requirements.asp

 

or try this one:

http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=8&articleid=60

[oceanseagle12]

Agreed. Get a legal name change, so that you will have that paperwork when you either apply for a passport or can have it to show along with the birth certificate and drivers license.

[whenisthemidnightbuffet?]

You could also use a passport expeditor, it will cost you more, but they know all of the ins and outs and can be invaluable for straightening out some of these more complicated situations.

[cherylandtk]

I am going to disagree with some of the posters above. Although the name change may have been accomplished in a somewhat impromptu fashion, if your fiancee has a valid driver license and has been using that name for 30 years, that is her current legal identity document. At some point she had to provide a birth certificate to get a first DL, and also provide some sort of reason for the name change. Maybe they accepted her SSN card? Whatever the method, her current name is changed from what was on her BC, but she has a legal identity document with her currently used name. Let sleeping dogs lie.

 

I suggest that she simply apply for a passport now in her DL name and list her birth name as a previous name. Her current legal identity is what is listed on her DL, and she does not have to provide documentation of how her name was changed all those years ago to get a passport.

 

How the name was changed is probably not relevant any longer, especially if all of her medical, school and other records are in the same name. If she is planning on taking your name upon marriage, she can have a new passport issued for free within one year of the first issue date. Getting the passport strengthens her continued use of her long- term identity and change from her birth name.

[goose30]

cherylandtk: I don't understand what you are suggesting. You need your birth certificate, and documentation for any name changes to get a passport. So without documentation of the name change they will issue the passport in her birth name, no? It would not appear to matter what you call yourself right now ts the legal trail that would matter.

 

What am I missing.

 

Thanks>

[bakerintn]

I would be very surprised if the US would issue a passport today based solely on a drivers license. Same with immigration accepting only a drivers license to return to the U.S.

 

Why not, since there is time, go to court to get the name changed officially and have documentation going forward? No lawyer required and minimal fees, I believe.

[Got2Cruise]

What about applying for a marriage license? Isn't this issue going to cause problems with that also? And all of your cruise/air documentation needs to be the same EXACT name as on your passport. Start getting it fixed right away. I think a passport service might be helpful if they truly know what they are doing.

[njhorseman]

cherylandtk: I don't understand what you are suggesting. You need your birth certificate, and documentation for any name changes to get a passport. So without documentation of the name change they will issue the passport in her birth name, no? It would not appear to matter what you call yourself right now ts the legal trail that would matter.

 

What am I missing.

 

Thanks>

 

What you're missing is that (as strange as it may seem) it's not necessary to provide written documentation of a name change with a first time passport application. You can provide your current ID (drivers license), your birth certificate, and on line 9 of the DS-11 (the passport application form) you list any other names you've been known by (birth name, maiden name, previous married name, etc.).

 

After a passport is issued, you will have to provide written documentation (court orders, marriage certificate, etc.) to have your passport reissued in your new name.

 

Cherylandtk's advice is spot on.

[njhorseman]

I would be very surprised if the US would issue a passport today based solely on a drivers license. Same with immigration accepting only a drivers license to return to the U.S.

 

Why not, since there is time, go to court to get the name changed officially and have documentation going forward? No lawyer required and minimal fees, I believe.

 

The passport is not issued just on the drivers license. It will issued on a combination of the birth certificate and ID such as the drivers license. See my previous post...you do not have to provide formal documentation of name changes if you're a first time passport applicant. You do have to list those previous names on the application.

[jakesnana]

The passport is not issued just on the drivers license. It will issued on a combination of the birth certificate and ID such as the drivers license. See my previous post...you do not have to provide formal documentation of name changes if you're a first time passport applicant. You do have to list those previous names on the application.

 

Agreed, just get your passport with the "legal" name you are using now. Much easier than trying to change 30 years worth of records,that are already in this name.

 

When you apply for your passport, all you need to bring to the passport office (post office, court house, etc.) is your Driver's License, Birth Certificate, Passport Application, 2 passport photos and of course, 2 checks to be made out to the proper gov't agencies.

 

Why make if more difficult than it needs to be.

[cherylandtk]

cherylandtk: I don't understand what you are suggesting. You need your birth certificate, and documentation for any name changes to get a passport. So without documentation of the name change they will issue the passport in her birth name, no? It would not appear to matter what you call yourself right now ts the legal trail that would matter.

 

What am I missing.

 

Thanks>

You do not need past name change documentation to get a passport. You need a current legal ID, which the fiancee has. If you want to change your name on a previously issued passport, then you need name change documentation, but not for the first time passport.

 

eta-I posted the above before I saw NJHorseman had already answered this question. What people are missing is that the DL presumably had to have a proven name change in order to get her first DL issued in the non birth certificate name in the first place. Same thing with changing the SSN name. One cannot just waltz into the Social Security office and say "I want my kid to have this name now". Yes, rules were not as stringent 30 years ago, but the mother may have had a legal name change obtained. What we don't know is the actual mechanism. We don't know if this was a divorce case, an adoption by a stepparent, or an assumption of a new name. What we do know is the fiancee was able to legally use this name, register for school, get a DL and perform all the other normal acts in life that require your ID. As far as the paperwork trail is concerned, the fiancee has been using the current DL name for 30 years, and it is considered to be her current legal name.

 

It is no different from a passport perspective if she had previously married and obtained a DL in her married name and then applied for her first passport. The DL is proof of current identity. The BC is not proof of identity, it is proof of citizenship.

[cherylandtk]

What about applying for a marriage license? Isn't this issue going to cause problems with that also? And all of your cruise/air documentation needs to be the same EXACT name as on your passport. Start getting it fixed right away. I think a passport service might be helpful if they truly know what they are doing.

No problem with obtaining a marriage license in their county, all they need is a current ID, such as the DL.

Instructions

 

A copy of a divorce decree is not required. No blood test is required. You will be required to provide a government issued photo I.D. such as a driver's license to show proof of age and confirm identity. You will receive your marriage license and can be married on the same day you apply for it. An unused marriage license expires one year from the date of purchase. Both parties must be present to obtain a marriage license.

 

from

http://clerkofcourt.maricopa.gov/marlic.asp#application

 

I agree that the cruise booking name needs to match the ID, and a passport would be the best form of ID as there would be no questions about why the BC has a different name. FWIW, the legal documentation requirements for round-trip cruises do not include a paper trail of name changes from birth to current ID. Some cruiselines, notably RCCL, have internal requirements and insist on marriage licenses and divorce decrees to prove name changes differing from BCs. But that is not a federal or state requirement. As far as the government is concerned, your ID is proven by your DL, and you had to prove the name change to get that. (Personally, I think RCCL is just trying to make it difficult to use BC/ID and easier to use a passport, because it is easier for them. But I find it ironic that their CEO was the most vocal supporter of continued use of BC/DL and the creation of the passport exception.)

[oceanseagle12]

While I agree that you do not automatically have to submit proof of name changes for a passport application, you must establish your citizenship and identity "to the satisfaction of the acceptance agent and passport services." So they can ask for additional documentation if they aren't satisfied. It would not surprise me at all if they ask for paper trail to verify a name change.

[oceanseagle12]

OP: Check this out:

 

http://www.us-passport-service-guide.com/need-a-passport-but-name-on-birth-certificate-and-current-name-do-not-match.html

 

and

 

http://www.us-passport-service-guide.com/which-name-should-i-use-on-the-passport-application.html

 

 

Hope this helps. Personally, I would get the additional documentation discussed in these links, and have her apply for a passport sooner rather than later so you have time to work through any issues that might come up.

[njhorseman]

While I agree that you do not automatically have to submit proof of name changes for a passport application, you must establish your citizenship and identity "to the satisfaction of the acceptance agent and passport services." So they can ask for additional documentation if they aren't satisfied. It would not surprise me at all if they ask for paper trail to verify a name change.

 

OP: Check this out:

 

http://www.us-passport-service-guide.com/need-a-passport-but-name-on-birth-certificate-and-current-name-do-not-match.html

 

and

 

http://www.us-passport-service-guide.com/which-name-should-i-use-on-the-passport-application.html

 

 

Hope this helps. Personally, I would get the additional documentation discussed in these links, and have her apply for a passport sooner rather than later so you have time to work through any issues that might come up.

 

I'm sure you mean well, but please don't post "information" from a commercial passport expediting service. This isn't official information. Only the State Department's Web site has official passport issuance requirements.

[Sea Monster 2]

Your friendly neighborhood former passport officer for the State Department here. In this situation, I would consider her DL to be her identity and would pursue getting all of her documentation in that name, since this is the name she has functioned with for the past 30 years. However, both identity and citizenship have to be established, and this is where the BC comes in-- the SS card is not considered proof of either citizenship or identity. I have to say that I would NOT issue a passport in these circumstances-- there has to be a document trail showing what happened to lead to the name change. The Social Security Administration can be VERY slow to part with records, so I would not try to go that route since you have a deadline. In your situation, I would probably hire an attorney who can go through local records to try to piece together the paper trail. There may be reasons for the name change that she doesn't know-- you don't mention what happened, and she was a young child-- that would make it difficult to pursue this information on your own. The attorney would then also be able to straighten out all of her docs so that they reflect the correct name. I wish I didn't have to say "get a lawyer," but I think this is one of those situations where you need to make sure that everything that needs to be done is done. Worst case scenario, you go to court with the BC to legally change her name to her current identity, for which you would need an attorney.

[cvoyles2]

Thank you so much to everyone. We decided today to go the passport route as that makes the most sense, and we have time to get it done.

 

Thanks again. I appreciate the replies.

[oceanseagle12]

I'm sure you mean well, but please don't post "information" from a commercial passport expediting service. This isn't official information. Only the State Department's Web site has official passport issuance requirements.

 

 

I'm not aware of a rule against posting information from this service.

None of the information I posted indicated that it was official information, but is just as helpful, if not more so than some earlier posts, including yours that acted like the mismatch doesn't matter. It clearly does, as indicated by the post just before this one.

[oceanseagle12]

One more thing OP. Your fiancee would not need an attorney to get a name change. Just google arizona name change. You should find a simple form that can be filled out explaining the reason for the name change. This petition is filed with the court and approved by a judge. You can contact the court clerk's office for filing fees and more information about how to file the paperwork. But it is very simple and no need for an attorney for this step, if that is what you decide to do.

 

 

Good luck!

[Sea Monster 2]

One more thing OP. Your fiancee would not need an attorney to get a name change. Just google arizona name change. You should find a simple form that can be filled out explaining the reason for the name change. This petition is filed with the court and approved by a judge. You can contact the court clerk's office for filing fees and more information about how to file the paperwork. But it is very simple and no need for an attorney for this step, if that is what you decide to do.

 

 

Good luck!

 

Even better! Knowing this has to be done in a few months, I would probably try this myself first, and then if it doesn't work for some reason go back to trying to piece together her history. I hope everything works out for them!

[oceanseagle12]

Makes sense to me too seamonster. It would probably be the least stressful, quickest solution. All it would take is a simple explanation like:

"My mother changed my name at the social security office at age 7, and I have gone by that name since that time. However, I have no documentation to support this change and want to establish this as my legal name before applying for a US passport."

Then take that court order to the passport office.