U.S. Citizens Abroad: Change Your Legal Name Without Returning Home

Introduction

If you're a U.S. citizen living abroad and wish to change your legal name, the process can be complex but is far from impossible. Unlike many other countries, the U.S. requires a person to either reside in or have a citizenship link to change their name through the court system. However, there are alternative methods that you can use to make this change without having to return to the United States. This article will explore various options for U.S. citizens living abroad and the steps involved in each process.

Option 1: Change of Name Deed in the UK

Overview: If you have relocated to the United Kingdom and do not have citizenship in your current country of residence, you may be able to change your name through a change of name deed with a solicitor in the UK. This option is viable because the UK does not require citizens or residents to hold UK citizenship to amend their name.

Procedures and Requirements:

Working with a solicitor to prepare the change of name deed. The change of name deed is valid and can be used to update your passport and Social Security records at the U.S. consulate in the UK. However, do note that the change of name deed will likely not be sufficient to update your birth certificate. This may require a court order from the U.S., which can be costly and time-consuming.

Option 2: Legal Name Change with U.S. Court Order

Overview: For changes to your birth certificate, you will need to resort to obtaining a U.S. court order, which is a more formal and legally binding process. This option is particularly necessary if you need to update your residency documents abroad.

Procedures and Requirements:

Engaging a lawyer in the state of your birth to help you file a petition with the local court to get the name change recognized. The court may issue a directive to the vital statistics bureau to amend your birth certificate. The entire process can be expensive, ranging from $6,000 USD, and may take up to one year, depending on the court’s backlog. Some courts may allow you to appear virtually via telephone or video conferencing.

Option 3: Obtaining Apostille for Court Orders

Overview: Sometimes, you may need to submit your U.S. court order to a foreign country. In such cases, the court order requires an apostille, a certification that the document is authentic according to international law.

Procedures and Requirements:

The U.S. Department of State, where the court order was issued, will issue an apostille. The apostille must be certified by a person holding an appropriate office, not just a court clerk. Ideally, the judge should certify the document personally. Your lawyer should ensure this is done during the name change hearing to streamline the process. You may need to provide additional documentation and pay fees to the Department of State.

Conclusion

Whether you choose to pursue a change of name deed in the UK, seek a U.S. court order, or apply for an apostille, the process can be challenging and time-consuming. Depending on the laws of the country where you reside, it might be easier to first obtain citizenship in that country and then use their legal system to change your name. Ultimately, the key is to understand the requirements of your specific situation and to take the appropriate steps to ensure a smooth process.