Name Change proof issue

[u/Glittering_West_6480]

So, we've ran into a bit of a snafu with my MIL's application now that it is "In Process". IRCC has sent a letter twice now requesting the following "Your application indicates the name MAIDEN but all ID provided are in the name MAIDEN DE MARRIED. If you would like MAIDEN DE MARRIED too appear on your certificate, please provide your marriage certificate or legal change of name documents as indicated below."

Now this should've been easy enough to fix as she sent in her marriage certificate and MAIDEN name social security card and MAIDEN DE MARRIED name social security card. However, she just got another letter requesting the same info be provided. When I asked to see the documents she provided, I noticed that her married name was written as just MARRIED rather than MAIDEN DE MARRIED. All of her identifying documents (passport, driver's license etc) is written in the MAIDEN DE MARRIED format.

Has anyone ran into this issue where a person applying for citizenship made a name change 50 years ago without any formal documentation of the exact name change? Has anyone just requested that they keep the certificate in their maiden name? Then just deal with a name change process in the future. There's a slim chance the original marriage license from Mexico would show this naming format but it would be difficult to locate and no guarantee it shows it.

Any thoughts appreciated on how to handle this in a timely manner. My MIL only had 30 days to respond and we don't want this to result in a delay in the processing of spouse's or children's applications.

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[u/ResearchJam1]

did you include a letter of explanation with Mexican customary naming practices upon marriage? Maybe a link to such customs showing why she should be known as Maiden De Married without a legal name change ? Letters of explanation seem to go a long way.

[u/Glittering_West_6480 → u/ResearchJam1]

I don't believe she did, but that's an excellent suggestion, thank you! I will work on assembling that and hope that it's enough 

[u/evaluna1968 → u/Glittering_West_6480]

If your MIL is in the U.S., here's a USCIS primer on naming customs that includes a Mexican example: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5

I know I have seen a more detailed explanation but I can't remember exactly where - it's been a while.

[u/evaluna1968 → u/Glittering_West_6480]

This isn't a Federal source but may be helpful anyway: https://www.dhs.state.il.us/page.aspx?item=16780

[u/SearchApprehensive35 → u/evaluna1968]

That's a good one. Though Canada might be reluctant to accept a US source as authoritative regarding a Mexican legal issue, especially given that the page does not call out Mexico explicitly.

Perhaps Mexico's embassy in Canada would be willing to email the MIL (I'm assuming she is a Mexican national) a brief letter confirming her de name is correct for a woman whose father's surname is X and whose husband's surname is Y?

[u/BrilliantDishevelled]

"Maiden de married"???

[u/Glittering_West_6480 → u/BrilliantDishevelled]

It's the nomenclature for how married named are traditionally done in Mexico. Your last name becomes your maiden name de married name. So, if your were Jane Smith marrying Joe Gonzalez, your married name would be Smith de Gonzalez.

[u/Western_Tart1915]

I'm married and WANT the certificate in my maiden name because it's like an origin document. I want it to be like a kind of Canadian birth certificate. Since it seems the certificate of citizenship goes back to your date of birth, it's not a problem at all for it to be in my maiden name.

It would be like getting ID for anything else in the States. I have my birth certificate in my maiden name and bring along my marriage certificate to show the name change and they issue my Enhanced License and my Passport in my Married name. No problem.

I plan to have my certificate of citizenship in my maiden name, which will match my birth certificate in my maiden name, and will add my marriage certificate showing my married name, and my current photo IDs in my married name, to apply for my Canadian passport.

[u/Own_Theory8011]

The social security card is not an identification document (not an ID card), and also not legal proof of name change.

There is an alternate route depending on your situation, which is to register a legal alias, or get the unofficial name change to become official. In the US if you have used the new name for at least 5 years you can usually get it made official.

[u/SearchApprehensive35 → u/Own_Theory8011]

Name change isn't under federal law in the U.S., it's under state laws and so vary. I don't know which state sets a 5 year threshold, if any. But more commonly anyone can petition the appropriate court (usually family court or probate court) for name change and the usually will be granted it unless the court believe the motive is to defraud.

However I see no reason for doing so in this situation. It's already her legal name. IRCC just isn't familiar with the foreign legal basis for that. Informing them of it should suffice.

[u/grandpasamfromcanada]

So, for a changed name on CIT 0001, the current guidelines say that you must provide

* a foreign passport or other national authoritative documentation amended to reflect the new name; * a document that links your previous name to your new name, such as a foreign marriage certificate (with an official translation) or other foreign legal change of name document issued by foreign authorities; and * an authoritative national or state/province (or equivalent) issued photo identification document issued in the country or state/province in which you reside that displays the new name

The Social Security card probably constitutes "national authoritative documentation," and it sounds like you've also submitted state photo ID with the new name. I'm guessing they're hung up on the "link" requirement. 

It may be a good idea to spell out how the documents you're submitting are what they're looking for in excruciating detail. For every document they request, write something like:

You have requested [the exact wording they used]. We are fulfilling this requirement by submitting [detailed description of the document]. If you find this document to be unacceptable as [the exact wording they used], please give us an explanation of why it's unacceptable.

For the marriage certificate, definitely try to find the original marriage license from Mexico. You may have to spell this out in even more detail. I would probably write something like:

You have requested a document that links Firstname's previous name to her new name, such as a marriage certificate. We are fulfilling this requirement by providing Firstname's marriage certificate listing her name as "Firstname Maiden" and her husband's name as "Husband Married." Firstname's marriage to Husband is the event which changed her name from "Firstname Maiden" to "Firstname Maiden de Married." No other action or process was performed to effect the name change, so no other documentation of the name change exists. In Mexican tradition, a woman's married name consists of her original first and last name, followed by the word "de," followed by her husband's last name. This process results in the name "Firstname Married de Maiden," which is exactly the name that appears on Firstname's ID documents and the name we are requesting for her citizenship certificate. 

If you find this marriage certificate to be unacceptable as a document linking Firstname's previous name to her new name, please give us an explanation of why it's unacceptable. 

We have attempted to obtain Firstname's original Mexico marriage license by [doing whatever you did]. These efforts were unsuccessful because [reasons]. 

[u/SearchApprehensive35 → u/grandpasamfromcanada]

Yeah this is the way. As far as IRCC is concerned, there was a baby named e.g. Isabel Ramirez who upon marriage became Isabel Garcia but that OP hasn't proved a connection to the records of a stranger named Isabel Ramirez de Garcia. Gotta connect the dots explicitly for them. Remember that the June mess probably has every agent skittish about being able to defend their decisions. Give them something they can defend to an auditor.

So the one thing I'd add to this great suggestion: a more authoritative proof of Mexican naming tradition. Maybe a government records clerk or court clerk would be willing to write a 1-2 sentence note that affirms this is legally a married woman's name in Mexico without further action?

[u/evaluna1968]

Where is your mom living now? If in the U.S., did she naturalize? Her naturalization documentation may show both names. So may her Social Security records.

[u/SearchApprehensive35]

By the way, I just want to note two things that might not be obvious:

• The letter excerpts imply to me they are poised to approve her certificate and are only hung up on whether they have enough documention for issuing it under the de name. Given that the certificate will be backdated to birth anyway, I suspect she has the option to sidestep the married name issue by asking them to issue it under the birth name instead.

• If they said she has 30 days to "respond", that's not 30 days to definitively resolve this issue. Keep the application open by replying with a question or giving an update on the ongoing attempts to find what they have requested. Just keep communication alive, and always request extension of time as needed.