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The Federal government accepts a common law name change. Many states do also (California, Illinois for example).

 

Here is what we filed to successfully effect a common law name change:

 

 

I, the undersigned, declare that I am 18 years of age or older and further declare:

 

1. I, {new name}, was born {old name}, in {city}, China on {birth date}.

 

2. I HEREBY DECLARE my intent to change my legal name, and be henceforth exclusively known as {new name}.

 

3. I, the undersigned, wish to have my Registration as a Permanent Resident {or whatever} of the United States issued in the name of {new name}.

 

4. I further declare that I have no intention of defrauding any person or escaping any obligation I may presently have by this act.

 

5. NOTICE IS HEREBY GIVEN to all agencies of the State of {your state}, all agencies of the Federal Government, all creditors and all private persons, groups, businesses, corporations and associations of said legal name change.

 

 

I declare under penalty of perjury under the laws of the State of {your state} that the foregoing is true and correct.

 

 

Date

 

New Signature

 

Old Signature

 

 

It was successful at a Green Card interview and I don't see why it wouldn't work with an I-485 filing. Once we had the Green Cards in the desired name everything else could be changed or issued in the desired name. The final step, if you wish, is to go to the Chinese consulate, fill out a form, pay $10, and they will endorse the Chinese with an "Also known as {desired name}".

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Nice answer Jim. I don't really intend to add my last name to the lil' rabbits Chinese name when we marry, but if, she, wants to add my last name, you gave me something to save for reference.

 

Fairdinkum, I am.

 

tsap seui

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Heyjimi,

 

Regarding the tax aspect; did you have her sign the IRS Form W-7, when she sent you her passport ??

 

I know when I went through this process about 9 months ago, the Form W-7 was required with the Form 1040, along with the notarized copy of the passport and the notarized/English translated Certificate of Marriage. This was all mailed to the special IRS W-7 Unit in Texas.

 

They process the W-7 and issue the ITIN, and then they process the Form 1040 right from their center. I received her approved W-7 with her ITIN # in about 8 weeks. My (our) refund check came about a month or six weeks after that.

 

I had express mailed the W-7 to her in Guangzhou, and she signed it and sent it back to me via FedEx, along with her passport.

 

After she arrives in the US, you trade in the ITIN # for an SS#.

 

I hand carried her passport back to her on my next visit to her in GZ.

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