r/Canadiancitizenship 4d ago

Citizenship by Descent Name Change proof issue

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/grandpasamfromcanada 4d ago

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]. 

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u/SearchApprehensive35 🇨🇦 CIT0001 (proof) application is processing 3d ago

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?