Getting the French name changed while in the US is such a puzzle. Advice welcome.

[Karolyn]

I am currently trying to change my name in France (I am French citizen) but I live in the US permanently with a green card, and I want to change my name in the US too.

I went to France a month ago and I consulted an attorney to start a name change procedure (an attorney is required, and even then it is so complicated in there). I have seen that in the US, it takes 1-3 months to change the name and about 400-500$. In France, it will take 18 months minimum (!!!!!) and about 5,000$ :Angry3:. The fact of living in the US will make the procedure longer probably. I need to provide a bunch of letters, both from my family in France and from my workplace and friends in the US. I will need a certified translator in France to translate my documents coming from the US.

If I start my name change now in the US, it will be done in a few months, and I will update my green card right after.

To be able to finalize the procedure in France, I need to go to the court to see the judge in person. To travel to France, I need my passport only (and I can switch to my old self temporarily just for traveling), but on the way back, I need both my passport and my green card. Unfortunately they would mismatch and I will get stuck in France. Also, I cannot get my passport renewed in France apparently since I live in the US, I need to go to the Embassy in Miami. I have done it already for renewing my passport a year ago, I know the procedure. They also renew the French ID in Miami.

So I am hitting a problem, and the only solutions I thought of are those:
- Asking to accelerate the process in France, but very low chance of it happening, or it will be very expensive
- Asking if it is possible to not see the judge in person, and stay in the US during the whole procedure (and go to Miami for ID and passport renewal)
- Wait close to 2 years to change my name in the US (but until then, keep my name and photo the same on my ID, which creates lots of issues in everyday life (it already happened, and HRT did not modify my body much yet))

I asked my attorney for the two first items, but no reply so far. If you think I have a mistake in my reasoning, or if you have alternatives or a proper way to handle this, your feedback would be very welcome.

Karolyn

[Eryn]

Are you planning on becoming a US citizen? If so you might considering waiting until that is done and then to change your name on your US documents only.

Except for a sense of completeness there seems little point in fighting an uphill battle in France that will only enrich the lawyers.

[Karolyn]

I can become a US citizen in two years and a half. My plan was to have dual citizenship, particularly practical when my entire family lives in France. But from what I read online, it is near impossible to change the name on the naturalization certificate after it is established. Apparently it is possible to change the name while getting citizenship. But for the gender, the only information I got is that it has to be done before getting citizenship as it cannot be changed after (not the same as having the birth certificate in the US). And for the gender change, it seems like I need my name change first.

Waiting for citizenship sounds like my backup plan if anything else fails, and I am going to get stuck in the country for the next 2.5-3 years with the mismatching ID, but at least there is a long term plan.

Any other advice still welcome :)

[Dawn cd]

I'm not a lawyer but I would think it's best to start in France and have your passport changed, since your green card (and driver's license and other US documents) would have to agree with your passport. Once your French name is changed your US citizenship papers would automatically be issued in that new name.

[Dianne S]

Karolyn,

Do you need to become a US citizen to change your name in the US? In Canada, you don't have to be a citizen of Canada to change your name; you just have to be a permanent resident. I would check. If the US permits you to change your name even if you only have a green card, then I would change your name in the US and then deal with France. I would imagine that there are rules in France for recognizing name changes in other countries, but to be sure you'd have to ask a French attorney.

[Karolyn]

Dianne,

I can change my name while being permanent resident, I need to wait 2.5 years to apply for citizenship. The puzzle I have is this:
- If I wait 2 years for my name change to happen in France before changing name in the US, I will have to travel as my old self, but it will be hard after 2 years on HRT, I will look really different. It will also be an issue on the way back to the US, when passing the immigration with the green card
- If I don't wait, I can change my name quickly, maybe even my gender (from what I have found, I don't need SRS for gender change in Florida), and then I upgrade my green card, but that's where I cannot go back to France, my passport and my green will mismatch and I will be stuck in France.

The only good solution I can think of is having the name changed without my presence in France. I highly doubt this will be possible, but I will try as much as possible. Until I get a reply from the attorney, I am not starting the name change in the US, I don't want to put myself in a bad situation.

[Dianne S]

OK, I guess I'm missing something. In Ontario (Canada) when you change your name, you get a Change of Name certificate. I was born in South Africa and it's going to be a big hassle to get a new birth certificate, so my understanding is that the birth certificate with my old name in conjunction with the Change of Name certificate is enough to identify me as my new name.

Does the US not issue a similar certificate for use in cases like this? In other words, if you show the US immigration people your French passport (old name), your Change of Name certificate, and your green card (new name), isn't that good enough for them to match up the IDs?

[Karolyn]

The US court delivers a certificate indeed, but I did not think that it could be used for going through immigration. I am going to do some extended search on that topic, I hope that could work.

That might be my solution to the problem. In that case, I would change my name in the US now, then go to France and come back using it.

[Aprilrain]

I don't know about FL but here in Ohio my name change didn't cost anywhere near $400.
Why is it so expensive in France?

[KaraK]

It is expensive here in France because you have to deal with a lawyer and the process is quite long depending on where you apply (Paris or "Province").

[Karolyn]

It is about 1500-2000 euros for the lawyer (I paid 600 already), which is about 2000$. I am in Province, and not Paris. Then there will be the translator in France (they need to be certified in France, so I cannot provide my own translation from the US). This one I have no idea, but based on her description, it will be several hundreds. I will say 1000$ to be safe. Then there is the trip back home to see the judge, about 1500$ just for the flight (then I have to add all the side stuff of any travel). If you add up, I am close to 4500$, plus all the sides of the trip. And after that, I have to renew the passport and French ID in Miami, at the Embassy, so there is the trip there, the hotel to stay overnight, the fees to renew the documents, and after that the trip to get the passport and ID back (fortunately, a delegate in Orlando itself, just on the other side of the city).

So unfortunately, this is ridiculously expensive, time consuming, and gives me headaches on trying to fix the situation. So far, I have two possible solutions: using the certificate when crossing the border (but I have to be 100% sure it's doable), or not having to go back to France for the judge to accept my request.

[scarlett]

While I don't know how rigorously it is enforced I believe resident aliens (Green Card) are supposed to have state department authorization to leave and return. You might contact them and explain the situation and ask for a letter explaining your situation to the reentry officials. Assuming that they are not too busy covering up their misdeeds.

[KaraK]

So unfortunately, this is ridiculously expensive, time consuming, and gives me headaches on trying to fix the situation. So far, I have two possible solutions: using the certificate when crossing the border (but I have to be 100% sure it's doable), or not having to go back to France for the judge to accept my request.

Sadly I don't think the judge will accept your request if you're not here. Even if for other kind of cases (mostly commercial litigation for what I know) your lawyer stands and speaks for you; when it comes to such personal matters, judges might underestimate your "involvement" in your transition if you stay at home (maybe distance and the financial argument could help, your lawyer probably knows best).

[Karolyn]

KaraK, I see what you mean, but in that case I am completely stuck. How could I give a visit to the judge if I get stuck in France right after (because green card and passport mismatch)? I need to find another solution. I live in the US permanently so I need to be sure I can come back.

But I will consider scarlett suggestion too. If there is a way to have an official document that states that green card and passport mismatch, if that exists, I would try that.

I was told that after 3 months on HRT, my endo can write letters for my name and gender changes. My next endo appointment is in 2 days. It sounds like I will have to wait, and ask in a future appointment :(


Update of 06/03/2015:
As a follow-up to this thread, I received a reply from the attorney in France. She said she can represent me in front of the judge, particularly due to the difficult situation with traveling. She also said that she will try accelerating the process, to make it shorter than 18 months if possible.

I went to my endo visit today (for 3 months of HRT) and I got my letter for my name and gender changes in the US. I will start the process here ASAP.