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I posted about this several times before, and still haven't solved my
problem. I am a US citizen who wants to change his name, but my
situation is complicated by the fact that I no longer live in the US.
I have emailed the government Passport Information bureau and several
US consulates, and have been told by them that I need a court order
from a US court in order to change my passport name. That's a problem
because it would be a big expense for me to return to the US and
establish residency just for the purpose of doing this, and I'd have
to find a place to stay during the whole period of the court
procedure, which could be several months. Big hassle and expense. Also
I fear flying and there's no other way to get there.
However, the Social Security Administration told me by email that they
would accept a court order from a foreign court to change my Social
Security card. So now I wonder if I did that, would the Passport
bureucrats find that acceptable to change the name on my passport,
without a US court order? I emailed them about this but they haven't
answered.
Also, I spoke to a lawyer in the country where I'm residing now, and
apparently it would NOT be a piece of cake for me, as a foreigner, to
change my name legally in this country.
I noticed on the State Department's Passport amendment form (form
DS-19) that there are three ways listed to change your name: by
marriage, by court order, and by "other method (specify)". They do not
say what this other method can be, but doing some research there is
something called a "statutory declaration" that might be another way,
though I haven't researched what it is yet and whether I can do it in
a foreign country.
So, once again, does anyone have any ideas? Or is there no other way
but to return to the US to do this? Thanks.
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I posted about this several times before, and still haven't solved
my
problem. I am a US citizen who wants to change his name, but my
situation is complicated by the fact that I no longer live in the
US.
I have emailed the government Passport Information bureau and
several
US consulates, and have been told by them that I need a court order
from a US court in order to change my passport name. That's a
problem
because it would be a big expense for me to return to the US and
establish residency just for the purpose of doing this, and I'd have
to find a place to stay during the whole period of the court
procedure, which could be several months. Big hassle and expense.
Also
I fear flying and there's no other way to get there.
You said the Passport Information Bureau told you that you need a U.S.
Court order. But you didn't say who told you that you would need to
establish residency. Where did that idea come from? There is no
residency requirement inherant in asking a U.S. court for an order.
If there is no residency requirement, then all you need to do is hire
a U.S. attorney to file the proper documents in court (I don't know
what those documents are). Then you would have to fly in for an
appearance or hearing, unless your attorney succeeds in getting the
court to agree that a sworn and notarized declaration by you would
suffice. If you have to fly and have a fear of flying, call your
doctor. There are prescriptions now that can make you not care
whether the plane crashes.
However, the Social Security Administration told me by email that
they
would accept a court order from a foreign court to change my Social
Security card. So now I wonder if I did that, would the Passport
bureucrats find that acceptable to change the name on my passport,
without a US court order? I emailed them about this but they haven't
answered.
Also, I spoke to a lawyer in the country where I'm residing now, and
apparently it would NOT be a piece of cake for me, as a foreigner,
to
change my name legally in this country.
I noticed on the State Department's Passport amendment form (form
DS-19) that there are three ways listed to change your name: by
marriage, by court order, and by "other method (specify)". They do
not
say what this other method can be, but doing some research there is
something called a "statutory declaration" that might be another
way,
though I haven't researched what it is yet and whether I can do it
in
a foreign country.
A statutory declaration is a declaration authorized by statute. I
don't know what statute your source is referring to. If there is such
a statute it almost surely wouldn't require that the declarant be in
the U.S. That seems to be a promising area of research.
So, once again, does anyone have any ideas? Or is there no other way
but to return to the US to do this? Thanks.
There is a short cut. Hire a U.S. attorney who knows about this
stuff. That person will either handle it or tell you how.
McGyver
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McGyver, thanks for the help. Two things. First, by establishing
residency, I am also thinking about the cost of staying in temporary
accommodations for an extended period. Also, hiring a lawyer would
probably end up costing me as much or more than flying roundtrip to
the US to do it myself without a lawyer.
See, I am not someone who can afford to pay a lot to do this. If I
were in the US I would use Nolo forms and just do it myself.
The statutory declaration thing: check out this site:
http://www.usembassy.org.uk/cons_web/acs/passports/namechange.htm
It seems that the US consulate in the UK will allow this, but the
statutory declarations act they are referring to seems to be a British
act, not an American one. So it sounds like if I'm in the UK I could
do this, but I'm not. Incidentally, I did see this same page listed by
the US consulate in Zimbabwe, referring to the same act, the Statutory
Declarations Act of 1835. So it's confusing. What does Zimbabwe have
to do with British law?
http://harare.usembassy.gov/services/citizen_services_name.html
And even the Bern Switzerland consulate refers to Statutory
Declaration:
http://www.usembassy.ch/Consular/AmCSpasname.htm
So one wonders, is this "statutory declaration" something I can get
done in any country? I am headed soon to SE Asia, can I get it done
there?
Here is a sample Name Change statutory declaration that I found on the
web:
DECLARATION OF CHANGE OF NAME
BY
SALLY JOAN NEWGILES
I, SALLY JOAN NEWGILES (formerly KELLY JO OLDBLOGGS, of 46 High
Street, Newtown in the county of Eastshire) DO SOLEMNLY AND SINCERELY
DECLARE as follows.
I was formerly called KELLY JO OLDBLOGGS and am a citizen of the
United Kingdom and colonies by birth.
I absolutely and entirely renounce relinquish and abandon the use of
my former name of KELLY JO OLDBLOGGS and assume adopt and determine to
take and use the names of SALLY JOAN NEWGILES in substitution of my
former name.
I shall at all times hereof in all records deeds documents and other
writings and in all actions and proceedings as well as in all dealings
and transactions and on all occasions whatsoever use and subscribe the
said name of SALLY JOAN NEWGILES in substitution for my former names
of KELLY JO OLDBLOGGS so relinquished as aforesaid to the intent that
I may hereafter be called or known or distinguished not by my former
names of KELLY JO OLDBLOGGS but by the name of SALLY JOAN NEWGILES
only.
I authorise and require all persons at all times to designate describe
and address me by the adopted name of SALLY JOAN NEWGILES and I make
this solemn declaration conscientiously believing the same to be true
and by the provisions of the STATUTORY DECLARATIONS ACT of 1835.
DECLARED AT
this day of
before me
Solicitor / Commissioner for Oaths
Now I wish I could just write out one of these and get it witnessed
and sealed and all the rest. But can I do that in any country? This
seems to be referring to a British act and yet the US consulate also
refers to it on websites for consulates in other countries.
Damn confusing. I don't know why any US consulate cannot simply meet
me, see that I am who I say I am from my passport, and certify this.
But that would be too easy I guess.
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I can't answer your questions about the Statutory Declaration Act. I
know nothing about it. All I can tell you is that whatever you need
to do in the process, you can do it by mail, except for the hearing.
I don't know why you keep talking about temporary accommodations for
an extended period. The hearing takes 5 minutes (plus half a day of
waiting your turn). You could do everything by mail and fly in for
the hearing and fly right back out again. No need to even stay
overnight, unless the hearing gets put over to the next day. And
there is a chance you can avoid the trip altogether, if you can
convince the court to allow you to do the hearing part by mail or
telephonic appearance. You would ask permission by written motion.
Your grounds for the motion would be fear of flying.
McGyver
McGyver, thanks for the help. Two things. First, by establishing
residency, I am also thinking about the cost of staying in temporary
accommodations for an extended period. Also, hiring a lawyer would
probably end up costing me as much or more than flying roundtrip to
the US to do it myself without a lawyer.
See, I am not someone who can afford to pay a lot to do this. If I
were in the US I would use Nolo forms and just do it myself.
The statutory declaration thing: check out this site:
http://www.usembassy.org.uk/cons_web/acs/passports/namechange.htm
It seems that the US consulate in the UK will allow this, but the
statutory declarations act they are referring to seems to be a
British
act, not an American one. So it sounds like if I'm in the UK I could
do this, but I'm not. Incidentally, I did see this same page listed
by
the US consulate in Zimbabwe, referring to the same act, the
Statutory
Declarations Act of 1835. So it's confusing. What does Zimbabwe have
to do with British law?
http://harare.usembassy.gov/services/citizen_services_name.html
And even the Bern Switzerland consulate refers to Statutory
Declaration:
http://www.usembassy.ch/Consular/AmCSpasname.htm
So one wonders, is this "statutory declaration" something I can get
done in any country? I am headed soon to SE Asia, can I get it done
there?
Here is a sample Name Change statutory declaration that I found on
the
web:
DECLARATION OF CHANGE OF NAME
BY
SALLY JOAN NEWGILES
I, SALLY JOAN NEWGILES (formerly KELLY JO OLDBLOGGS, of 46 High
Street, Newtown in the county of Eastshire) DO SOLEMNLY AND
SINCERELY
DECLARE as follows.
I was formerly called KELLY JO OLDBLOGGS and am a citizen of the
United Kingdom and colonies by birth.
I absolutely and entirely renounce relinquish and abandon the use of
my former name of KELLY JO OLDBLOGGS and assume adopt and determine
to
take and use the names of SALLY JOAN NEWGILES in substitution of my
former name.
I shall at all times hereof in all records deeds documents and other
writings and in all actions and proceedings as well as in all
dealings
and transactions and on all occasions whatsoever use and subscribe
the
said name of SALLY JOAN NEWGILES in substitution for my former names
of KELLY JO OLDBLOGGS so relinquished as aforesaid to the intent
that
I may hereafter be called or known or distinguished not by my former
names of KELLY JO OLDBLOGGS but by the name of SALLY JOAN NEWGILES
only.
I authorise and require all persons at all times to designate
describe
and address me by the adopted name of SALLY JOAN NEWGILES and I make
this solemn declaration conscientiously believing the same to be
true
and by the provisions of the STATUTORY DECLARATIONS ACT of 1835.
DECLARED AT
this day of
before me
Solicitor / Commissioner for Oaths
Now I wish I could just write out one of these and get it witnessed
and sealed and all the rest. But can I do that in any country? This
seems to be referring to a British act and yet the US consulate also
refers to it on websites for consulates in other countries.
Damn confusing. I don't know why any US consulate cannot simply meet
me, see that I am who I say I am from my passport, and certify this.
But that would be too easy I guess.
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Thanks McGyver. Good idea. Maybe if I get a US consulate abroad to
sign and notarize an affidavit verifying my identity and that I want
to change my name in court, that this might be acceptable to the
court? I wonder if I can find out before I file whether this will be
acceptable.
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Yes, but McGyver...if I file a name change form by mail, I have no
local address to put on it, as I have no residence in the county in
which I will be applying. So how do I avoid the need to actually
travel to the US, establish an address, and file with the court? Then
wait, however long it takes for them to hear my case? Use a Mailboxes
etc. address?
You say there is no residency requirement inherent in asking a US
court for an order, but it seems they require you to be a resident for
this kind of order.
I contacted some lawyers in Vermont, and they contacted the court, and
the court did not feel certain that they had jurisdiction, as I have
no connections with Vermont anymore. Also it will end up costing me a
lot to use lawyers, probably at least $1000.
So I don't see any alternative to going back to the US, finding a
place to live, then filing a name change request with the court and
waiting for the hearing. The law seems to provide no other alternative
for me, and this means disrupting my life abroad for an extended
period.
This stinks.
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On 5 Aug 2004 09:41:53 -0700, lehar@eudoramail.com (Lehar V. Osvald)
wrote:
I posted about this several times before, and still haven't solved my
problem. I am a US citizen who wants to change his name, but my
situation is complicated by the fact that I no longer live in the US.
I have emailed the government Passport Information bureau and several
US consulates, and have been told by them that I need a court order
from a US court in order to change my passport name. That's a problem
because it would be a big expense for me to return to the US and
establish residency just for the purpose of doing this, and I'd have
to find a place to stay during the whole period of the court
procedure, which could be several months. Big hassle and expense. Also
I fear flying and there's no other way to get there.
However, the Social Security Administration told me by email that they
would accept a court order from a foreign court to change my Social
Security card. So now I wonder if I did that, would the Passport
bureucrats find that acceptable to change the name on my passport,
without a US court order? I emailed them about this but they haven't
answered.
Also, I spoke to a lawyer in the country where I'm residing now, and
apparently it would NOT be a piece of cake for me, as a foreigner, to
change my name legally in this country.
I noticed on the State Department's Passport amendment form (form
DS-19) that there are three ways listed to change your name: by
marriage, by court order, and by "other method (specify)". They do not
say what this other method can be, but doing some research there is
something called a "statutory declaration" that might be another way,
though I haven't researched what it is yet and whether I can do it in
a foreign country.
So, once again, does anyone have any ideas? Or is there no other way
but to return to the US to do this? Thanks.
You've been told before - when you leave the US, your domicile remains
that of the state in which you were last domiciled. For all intents
and purposes, domicile = residence.
File a change of name petition in the proper court for the State in
which you last resided.
Most states have standard forms for this. No attorney required.
You can get the local US Embassy or Consulate to notarize your
documents for you.
Why does it seem that you're making this harder than it needs to be?
Tarkus
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On 21 Aug 2004 14:03:56 -0700, lehar@eudoramail.com (Lehar V. Osvald)
wrote:
Yes, but McGyver...if I file a name change form by mail, I have no
local address to put on it, as I have no residence in the county in
which I will be applying. So how do I avoid the need to actually
travel to the US, establish an address, and file with the court? Then
wait, however long it takes for them to hear my case? Use a Mailboxes
etc. address?
You say there is no residency requirement inherent in asking a US
court for an order, but it seems they require you to be a resident for
this kind of order.
I contacted some lawyers in Vermont, and they contacted the court, and
the court did not feel certain that they had jurisdiction, as I have
no connections with Vermont anymore. Also it will end up costing me a
lot to use lawyers, probably at least $1000.
I'll make it easy for you - here's the form you need:
PC122 Petition of Adult to Change Name
it can be found online at:
http://www.vermontjudiciary.org/forms/probcrtforms.htm
Fill out the form, get it notarized, and send it in with the
appropriate fee.
In your letter to the court, state that while you presently reside
outside the US at XXXXX, under US Federal case law, you remain a
domciliary of the State of Vermont, with your former address of
YYYYYY.
Don't make things harder than they have to be.
So I don't see any alternative to going back to the US, finding a
place to live, then filing a name change request with the court and
waiting for the hearing. The law seems to provide no other alternative
for me, and this means disrupting my life abroad for an extended
period.
This stinks.
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