In June, my fiance will go to the US embassy for the visa interview, and I
hope she'll be able to arrive in the US in July. In June, she'll also have
a baby.
In such a situation what last name should the baby get? If the baby cannot
get my last name, the baby will have to have a legal name change when she
arrives in the US, after me and mom get married?
Anyone know how this goes?
mrtravelkay
04-27-2004, 10:36 AM
David Schwartz wrote:
In June, my fiance will go to the US embassy for the visa interview, and I hope she'll be able to arrive in the US in July. In June, she'll also have a baby. In such a situation what last name should the baby get? If the baby cannot get my last name, the baby will have to have a legal name change when she arrives in the US, after me and mom get married? Anyone know how this goes?
I think it depends on the country the baby is born in.
Richard Cochran
04-27-2004, 02:40 PM
"David Schwartz" <david_vcp@hotmail.com> wrote in message news:<bVtjc.50128$aQ6.3849000@attbi_s51>... In June, my fiance will go to the US embassy for the visa interview, and I hope she'll be able to arrive in the US in July. In June, she'll also have a baby. In such a situation what last name should the baby get? If the baby cannot get my last name, the baby will have to have a legal name change when she arrives in the US, after me and mom get married? Anyone know how this goes?
You don't mention where your fiance is from. I would imagine there might
be local laws, rules, and/or customs governing the naming of children in
the situation you describe. You might have plenty of leeway in choosing the
baby's surname, but you might not.
--Rich
mrtravelkay
04-27-2004, 03:46 PM
Richard Cochran wrote:
"David Schwartz" <david_vcp@hotmail.com> wrote in message news:<bVtjc.50128$aQ6.3849000@attbi_s51>...In June, my fiance will go to the US embassy for the visa interview, and Ihope she'll be able to arrive in the US in July. In June, she'll also havea baby.In such a situation what last name should the baby get? If the baby cannotget my last name, the baby will have to have a legal name change when shearrives in the US, after me and mom get married?Anyone know how this goes? You don't mention where your fiance is from. I would imagine there might be local laws, rules, and/or customs governing the naming of children in the situation you describe. You might have plenty of leeway in choosing the baby's surname, but you might not.
Plus, if that were an issue, changing the name isn't generally that
difficult in the US.
Jim Battista
04-27-2004, 06:26 PM
"David Schwartz" <david_vcp@hotmail.com> wrote in
news:bVtjc.50128$aQ6.3849000@attbi_s51:
In June, my fiance will go to the US embassy for the visa interview, and I hope she'll be able to arrive in the US in July. In June, she'll also have a baby. In such a situation what last name should the baby get?
The US won't (or at least shouldn't) care. The US won't (or at least
shouldn't) care if you name the baby Throatwarbler Mangrove or
Raymond Luxury-Yacht or Jethro Q. Walrustitty, to wax pythonic.
If the baby cannot get my last name, the baby will have to have a legal name change when she arrives in the US, after me and mom get married?
The US isn't going to insist on a name change. No state that I'm
aware of will insist on a name change.
Assuming for purposes of argument that your fiancee is Lucrezia
Borgia, it's quite legal for you and your spouse to be David and
Lucrezia Schwartz whose child together is Olaf Borgia (or Jethro Q.
Walrustitty, or anything else).
Names are essentially private matters between you and, well, you, so
long as you're not trying to commit fraud or impersonate someone
else.
If you wanted to change the baby's name, it's easily done most
places. In at least some places, you don't even have to actually do
anything; you just start calling the baby Jethro Schwartz and that's
good enough for everything but drivers licenses and SSN's.
--
Jim Battista
A noble spirit embiggens the smallest man.
David Schwartz
04-27-2004, 08:41 PM
"mrtravelkay" <a@a.aa.a> wrote in message
news:uSwjc.2098$AN2.186@newssvr27.news.prodigy.com ... David Schwartz wrote: In June, my fiance will go to the US embassy for the visa interview, and
I hope she'll be able to arrive in the US in July. In June, she'll also
have a baby. In such a situation what last name should the baby get? If the baby
cannot get my last name, the baby will have to have a legal name change when
she arrives in the US, after me and mom get married? Anyone know how this goes? I think it depends on the country the baby is born in.
Russia
J. Moreno
04-27-2004, 09:48 PM
Jim Battista <battista@unt.edu> wrote:
If you wanted to change the baby's name, it's easily done most places. In at least some places, you don't even have to actually do anything; you just start calling the baby Jethro Schwartz and that's good enough for everything but drivers licenses and SSN's.
Not a lawyer, but to the best of my knowledge -- it should be good
enough for drivers license and SSN as well.
The difference between starting to call the baby Jethro Schwartz and
getting a piece of paper saying that the baby is "officially" Jethro
Schwartz is ease of convincing various government agencies that there's
no intent to commit fraud.
While not a lawyer, I do speak from experience: that's how my name was
changed 20 odd years ago -- and I didn't have any trouble getting a
passport in 2000, with just a couple of affidavits that someone knew me
both before and after and that I was using the new name, copies of my
current drivers license (with the "new" name on it) and that was pretty
much it.
--
J. Moreno
mrtravelkay
04-28-2004, 12:00 AM
J Moreno wrote:
Jim Battista <battista@unt.edu> wrote:If you wanted to change the baby's name, it's easily done mostplaces. In at least some places, you don't even have to actually doanything; you just start calling the baby Jethro Schwartz and that'sgood enough for everything but drivers licenses and SSN's. Not a lawyer, but to the best of my knowledge -- it should be good enough for drivers license and SSN as well. The difference between starting to call the baby Jethro Schwartz and getting a piece of paper saying that the baby is "officially" Jethro Schwartz is ease of convincing various government agencies that there's no intent to commit fraud. While not a lawyer, I do speak from experience: that's how my name was changed 20 odd years ago -- and I didn't have any trouble getting a passport in 2000, with just a couple of affidavits that someone knew me both before and after and that I was using the new name, copies of my current drivers license (with the "new" name on it) and that was pretty much it.
ID requirements have changed in the past 20 years. I suspect SSA will
want a legal document showing the name.
lpdiver
04-28-2004, 05:52 AM
I have read way too much immigration material over the last three years
and immediately forgotten most of what does not pertain to me. However,
there may be other issues you should be aware of.
First and please know
that there is no offence indended; but, is the baby yours. I seem to
recall some consulates have paternity issues. They may want lab tests
proving that the child is yours.
Second assuming it is yours and is
born overseas have the birth registered with the consulate.
Third; and
I assume this is not the case, if the baby is not yours you may need
papers from the father granting permission for the baby to leave the
country.
Again, no offence intended, you did not specify the situation
clearly.
Good Luck.
Originally posted by David Schwartz
In June, my fiance will go to the US embassy for the visa interview,
and I hope she'll be able to arrive in the US in July. In June,
she'll also have a baby. In such a situation what last name
should the baby get? If the baby cannot get my last name, the baby
will have to have a legal name change when she arrives in the US,
after me and mom get married?
Anyone know how this goes?
--
Posted via http://britishexpats.com
HunterGreen
04-28-2004, 07:32 AM
Originally posted by lpdiver Third; and I assume this
is not the case, if the baby is not yours you may need papers from the
father granting permission for the baby to leave the country.
I thought the same thing, LP, the OP is a little bit vague about if
the baby is his or not.
In the case the baby isn't yours, in addition
to lpdivers 3rd - the baby will also need it's own visa (I think you can
probably still tag a K2 along with your fiancée's K1).
If the baby is
yours, does Russia have a way for you to acknowledge paternity prior to
the birth? That would most likely save you a bunch of headaches re. last
name, US passport (baby will be a US citizen if you've been in the US
most of your life) and who-knows-what.
Good luck.
Elaine :)
--
Posted via http://britishexpats.com
ironporer
04-28-2004, 08:44 AM
Originally posted by lpdiver First and please know
that there is no offence indended; but, is the baby yours. I seem to
recall some consulates have paternity issues. They may want lab tests
proving that the child is yours. Second assuming it is yours and is
born overseas have the birth registered with the consulate. Third;
and I assume this is not the case, if the baby is not yours you may need
papers from the father granting permission for the baby to leave the
country. Again, no offence intended, you did not specify the
situation clearly. Good Luck.
One other thing to look
into is (assuming you are the father) to have your name entered on the
child's birth cert as such.
--
Posted via http://britishexpats.com
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