UNCLASSIFIED (U)

8 FAM 403
Personally Identifiable Information

8 FAM 403.1

Name Usage and Name Change

(CT:CITZ-6; 08-07-2018)
(Office of Origin: CA/PPT/S/A)

8 FAM 403.1-1 Introduction

(CT:CITZ-6; 08-07-2018)

a. This subchapter provides the Departments policy on name usage and name changes for:

(1) Passport applications;

(2) Form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America;" and

(3) Form DS-2060, Report of the Death of an American Citizen Abroad (see 7 FAM 270, Report of Death of a U.S. Citizen Abroad).

b. The Department's policy on name usage and name changes achieves three objectives:

(1) To establish the identity of the bearer by determining the name that best identifies the applicant (see 8 FAM 101.1). This is typically accomplished by using the applicants full legal name:

(2) To facilitate the passage of the applicant without delay or hindrance by foreign governments (see 8 FAM 101.1). This is accomplished by ensuring that the applicant's name is consistent across different types of passports and, to the extent possible, with the applicant's evidence of citizenship/nationality and identification document (ID); and

(3) To reflect the applicant's actual name usage. This is accomplished by resolving discrepancies between the name on the application and the name recorded on the evidence of citizenship/nationality and ID.

c. The applicant must explain any material discrepancies between the name on the application and the name recorded in the evidence of U.S. citizenship/non-citizen U.S. nationality and identity (see 22 CFR 51.25). Specifically, a material discrepancy is any name change that is not defined as immaterial in 8 FAM 403.1-5.

d. The applicant must explain any immaterial discrepancies (minor name changes) between the name on the application and the name recorded in the evidence of citizenship/nationality by submitting an acceptable ID bearing the name on the passport application (see 8 FAM 401.3). Immaterial discrepancies between the name on the application and the name recorded on the ID may be approved in accordance with Department policy (see 8 FAM 403.1-5).

e. If an immaterial discrepancy is not explained, the name listed on the application and/or the name in the Travel Document Issuance System (TDIS) or the American Citizen Services System (ACS) must be corrected to match the name recorded on the evidence of citizenship/nationality (the name listed on the application must match the name listed in TDIS/ACS).

f. Passport specialists and consular officers, (hereinafter referred to as you unless otherwise specified), have the authority to require documents or affidavits to explain any discrepancies as provided in this appendix and 22 CFR 51.25 (see 8 FAM 801). You are responsible for ensuring the proper formatting of the applicant's name, resolving any material or immaterial discrepancies, and resolving any other issues to determine the name that best identifies the applicant (see 8 FAM 103.1 for additional responsibilities).

g. All name change documentation must clearly identify the individual whose name has been changed, e.g., the name change document clearly identifies the applicant by providing the applicants original name in full. If the document(s) provided as evidence of a legal name change does not provide enough information to identify an individual, you may request additional evidence of identity in accordance with Department guidance (22 CFR 51.23).

h. For purposes of this appendix, minor applicants are defined as un-emancipated applicants under the age of 18.

8 FAM 403.1-2 General Name Adjudication Guidance

(CT:CITZ-6; 08-07-2018)

a. All corrections must be made both on the paper application and electronically. To correct the paper application, use a single line to cross out the incorrect name, notate the correct name, and record the source of the name:

b. See 8 FAM 701.2 for more information on correcting and annotating passport applications. After making a correction, enclose Information Notice (IN)-941-24.

c. Except as provided in this appendix, all documents submitted for name change purposes must be original or certified copies. In emergency circumstances, you may accept a photocopy to issue a limited-validity passport book bearing endorsement 46 (see 8 FAM 505.2, Endorsement Codes and 8 FAM 101.3 for the definition of urgent and emergency circumstances). The photocopy of the name change evidence must be attached to the application.

d. Submission of name change documentation changes the applicant's name for all future issuances of all passport types. Consequently, if the applicant wishes to resume a former name or make additional name changes, she/he must submit additional name change documentation (see also 8 FAM 403.1-6 regarding known as names).

8 FAM 403.1-3 name formatting

(CT:CITZ-1; 06-27-2018)

a. This subsection provides procedural guidance and information on proper formatting of names to be printed in the U.S. passport, on form FS-240, and form DS-2060.

b. Unless specified otherwise in this section, you do not need to enclose an IN when making name formatting corrections.

8 FAM 403.1-3(A) Spelling and Typographical Errors

(CT:CITZ-6; 08-07-2018)

a. Typographical errors on the passport application: If there is a difference of spelling between the name requested by the applicant on the passport application and on the applicant's ID, you must correct the spelling of the applicant's name on the passport application to match the spelling on the applicant's ID (see also 8 FAM 403.1-4(A)). Enclose information notice IN-941-24.

b. Typographical errors on the applicants ID: If there is an obvious typographical error on the applicant's ID, such as Jonh for John, or "Pererson" for "Peterson," and the applicants name is printed correctly on the passport application and citizenship evidence, you do not need to correct the name to match the applicants ID.

c. Typographical errors on the applicants citizenship evidence: If there is an obvious typographical error on the applicants evidence of U.S. citizenship/non-citizen U.S. nationality, use the name listed on the application and the applicants ID. You must record the name as it appears on the citizenship evidence in the For Issuing Office Only block of the application and indicate that typographical error appeared on the evidence of citizenship (the term sic indicates that the name appeared exactly that way on the evidence of citizenship and was not an error in your transcription of the name):

8 FAM 403.1-3(B) Name Spacing

(CT:CITZ-6; 08-07-2018)

a. If the applicant has more than one first, middle, or last name, you must indicate that there is a space between the names by annotating a single slash between the names in the name block on the application (see also 8 FAM 501.3 regarding clearing a middle name as a last name):

b. In accordance with ICAO recommendations, U.S. passports, form FS-240, and form DS-2060 are printed in all uppercase letters. Printing a name with multiple parts in uppercase letters causes the name to appear as one word unless the parts are separated with spaces. Consequently, if the applicant has a name with multiple parts, you must determine how the name will appear. You should print it as one name unless the applicant wants it to be separated or you have evidence that the names are separate:

(1) If the applicant appears at the public counter, you should ask her/him if she/he would like the name to appear as one name or as separate names and annotate the application accordingly;

(2) If the applicant has a previous U.S. passport, use the same spacing as on the previous passport by annotating a single slash between the name parts. You may change the spacing only if specifically requested by the applicant, either in person (as above) or via a written request (see below) regardless of which passport application form was used;

(3) If the applicant's name is written (or signed) with spaces between the parts of the name, indicate that there is a space between the parts of the name by annotating a single slash between the separate parts of the name:

(4) If the applicant's name is written (or signed) with a combination of uppercase and lowercase letters, indicate that there is a space between the parts of the name by annotating a single slash between the separate parts of the name:

(5) If the applicant's name, as recorded on either the evidence of U.S. citizenship/non-citizen U.S. nationality or ID, includes a space between the parts of the name, or a combination of uppercase and lowercase letters, indicate that there is a space between the parts of the name by annotating a single slash between the separate parts of the name;

(6) If the applicant otherwise indicates that a certain spacing is preferred, e.g., by submitting a note with the application, you may annotate the application according to the applicant's preference; and

(7) If there is no indication that the applicant prefers that the name parts be separated, it should be printed as a single name:

c. Name spacing issues are generally not sufficient cause to rewrite a passport, unless the Department disregarded the applicant's clear preference (see 8 FAM 1001.2).

8 FAM 403.1-3(C) Punctuation, Special Characters and Symbols, Diacritical Marks, and Non-Latin Alphabets

8 FAM 403.1-3(C)(1) Punctuation

(CT:CITZ-6; 08-07-2018)

a. Apostrophes:

(1) Given its size, the apostrophe is frequently overlooked during data entry. You must ensure that an apostrophe written on the application appears in TDIS/ACS as well;

(2) You must determine whether the applicant is requesting an apostrophe, or if it is an accent mark (see 8 FAM 403.1-3(C)(3)) or just a stray mark on the application;

(3) An applicant whose name contains an okina to indicate a pause (typically seen in Hawaiian and American Samoa names, e.g., Kuulei), may receive an apostrophe in lieu of the okina, as the okina character is not supported.

(4) There is no requirement that the applicant submit evidence of U.S. citizenship/non-citizen U.S. nationality and/or ID to add or remove an apostrophe. However, you must determine how the applicants name will appear. Unless the applicant clearly states in writing or at the public counter that she/he doesnt want the apostrophe, you should add an apostrophe when the evidence indicates that there is an apostrophe in the applicants name:

(a) If the applicant's name is written without an apostrophe in block one of the passport application, but the name includes an apostrophe on the evidence of U.S. citizenship/not citizen U.S. nationality, ID, signature, or elsewhere on the application, you must add the apostrophe in TDIS/ACS and on the passport application:

(b) If the applicant's name is written with two, uppercase letters to indicate that there is an apostrophe, you must place an apostrophe between the two, uppercase letters:

(5) Apostrophe usage issues are generally not sufficient cause to rewrite a passport, unless the Department disregarded the applicant's clear preference (see 8 FAM 1001.2).

b. Hyphens:

(1) Hyphens may be included as part of a name, between parts of a multiple part name, and between names; and

(2) You must determine whether the applicant is requesting a hyphen in her/his name, or if the applicant is using a hyphen to indicate a space. If you determine that the applicant is using the hyphen to indicate a space, remove the hyphen from TDIS/ACS and use a single slash to both cross out the hyphen and annotate the space:

(3) You may add or remove a hyphen based on the applicants preference. Unless the applicant doesnt want the hyphen, you should add a hyphen when the evidence indicates that there is a hyphen in the applicants name. You may determine the applicants preference by how her/his name appears on her/his evidence of U.S. citizenship/non-citizen U.S. nationality, ID, signature, or elsewhere on the application. If you determine that the applicant wishes to have a hyphen appear in her/his name, you must correct the name listed in block one to include the hyphen (see 8 FAM 403.1-2):

(4) Hyphen usage issues are generally not sufficient cause to rewrite a passport, unless the Department disregarded the applicant's clear preference (see 8 FAM 1001.2).

c. Use a single line to cross out all other punctuation, even if it appears on the applicant's evidence of citizenship or ID:

8 FAM 403.1-3(C)(2) Special Characters and Symbols

(CT:CITZ-6; 08-07-2018)

a. International Civil Aviation Organization (ICAO) standards do not allow for special characters or symbols.

b. If the applicant's name is a special character or symbol, you must cross out the special character or symbol and write the name of the symbol on the application and in TDIS/ACS:

c. Refer to the U.S. Government Printing Office Style Manual for the official names of the special characters and symbols.

8 FAM 403.1-3(C)(3) Diacritical Marks

(CT:CITZ-1; 06-27-2018)

a. ICAO standards do not permit the use of diacritical marks (such as accent marks, umlauts, carets, etc.).

b. Use a single line to cross out all diacritical marks, such as accent marks, even if they appear on the applicant's evidence of citizenship/nationality or ID.

8 FAM 403.1-3(C)(4) Non-Latin Alphabets

(CT:CITZ-1; 06-27-2018)

a. ICAO standards require that names be written in a Latin alphabet.

b. If the applicant's name includes characters from non-Latin alphabets, e.g., cyrillic letters, you must correct the name using Latin characters based on the applicant's citizenship evidence, ID, Permanent Resident Card (PRC), or U.S. visa in accordance with 8 FAM 403.1-2:

8 FAM 403.1-3(D) One-Word Names

(CT:CITZ-6; 08-07-2018)

a. ICAO standards require that one-word names be printed in the last name field.

b. If an applicant has only one name listed on the application, evidence of U.S. citizenship/non-citizen U.S. nationality and ID, or presents a court order changing her/his name to a single word, the name must be recorded in the last name field on the application and in TDIS/ACS. For domestic U.S. passport applications, insert a caret (^) in the first and middle names field in TDIS and notate the caret with a double slash in front of the last name to indicate that it is cleared in both fields:

8 FAM 403.1-3(E) Numerals

(CT:CITZ-6; 08-07-2018)

a. If the applicant's name is a numeral, you must cross it out and write out the numeral on the application and in TDIS/ACS:

b. If the applicant's name is an ordinal numeral (a numeral with a suffix), you must cross it out and write out the ordinal numeral on the application and in TDIS/ACS:

8 FAM 403.1-4 Material Discrepancies (Major name changes)

(CT:CITZ-6; 08-07-2018)

a. A material discrepancy is any name change that is not defined as immaterial in 8 FAM 403.1-5. The applicant must explain any material discrepancies between the name on the application and the name recorded in the evidence of U.S. citizenship/non-citizen U.S. nationality and the evidence of identity (see 22 CFR 51.25).

b. Material discrepancies between the name recorded on the application, the applicant's evidence of U.S. citizenship/non-citizen U.S. nationality, or the evidence of identity must be documented by submission of one or more of the documents listed in this section (see an exception for married names in 8 FAM 403.1-4(C)). Acceptable means of documenting a material name change include (per 22 CFR 51.25):

(1) Court orders or decrees:

(a) Name change orders; or

(b) Divorce decrees;

(2) Certificates of naturalization;

(3) Marriage certificates;

(4) Operation of state law; or

(5) Customary usage.

c. The applicant may not continue to use a previous name after a major name change unless the name change documentation specifically permits the applicant to continue using that name (see 8 FAM 403.1-6 regarding known as names).

d. The applicant's name is an integral part of her/his identity. Consequently, under 22 CFR 51.23(c), you may require evidence of identity in accordance with Department guidance to establish the name that best identifies the applicant:

(1) If the applicant has had a material name change more than one year prior to applying on form DS-11, but has not updated her/his ID to reflect the material name change, you must suspend the application to request an acceptable ID in the new name; and

(2) The applicant generally will need the name change documentation in order to change the name on her/his ID. You must fully notate the name change documentation prior to returning the documentation to the applicant with the information request letter (IRL).

e. An adult applicant cannot document a material name change using another individual's material name change documentation. The applicant must provide material name change documentation, including name change by customary usage, of her/his own.

f. Birth certificates amended to change the applicants name:

(1) An amended birth certificate is sufficient to establish the applicants legal name if the applicants ID and all of the other evidence (e.g., previous passport records) is in the same name;

(2) An amended birth certificate is not sufficient by itself to document a material name change (e.g., the applicants birth certificate and previous passport are in different names). If the applicant only submits the amended birth certificate, you must request acceptable evidence of the material name change; and

(3) An amended birth certificate may be used in conjunction with other evidence to document a customary name change.

g. In addition to the other means of documenting a material name change, a minor applicant may document a material name change using the material name change documentation of her/his parent(s) in an effort to allow family members use of the same name. However, changing a childs name without the benefit of an explicit court order could aid in disguising passport issuance to a minor who is being wrongfully removed by a parent. Consequently, when the minor applicant does not submit a court order in her/his own name, you may approve a material name change for a minor only if the minor applicant submits the parent(s) name change documentation and:

(1) Both parents sign the passport application or provide notarized written consent (e.g., the form DS-3053) in the requested name (see 8 FAM 703.7 for more information on notarized written consent); or

(2) The applying parent provides evidence that one parent's signature is sufficient (see 8 FAM 502.4 for more information on when one parent's signature is sufficient); and

(3) See 8 FAM 403.1-4(B) for an exception to this policy.

8 FAM 403.1-4(A) Change of Name by Court Order or Decree

(CT:CITZ-6; 08-07-2018)

a. Court orders and decrees that provide for a legal change of name may be accepted from any court of competent jurisdiction, whether foreign or domestic. Unless you have reason to believe otherwise, you may assume that any court order you receive was issued by a court of competent jurisdiction.

b. If the applicants name was changed by a court order, the applicant must submit a copy of the court order (22 CFR 51.25c(1)).

c. The court order or decree must be final:

(1) An applicant with a pending name change must not be issued a passport in her/his new name. See 8 FAM 1001.5 regarding applying for a replacement passport in a new name;

(2) An applicant with a pending name change must not be issued a form FS-240 in her/his new name. See 8 FAM 1001.3 regarding amending a form FS-240; and

(3) You must clear the applicant's pending name even though the name change is not final and even if the passport is not being issued at this time.

d. The court order or decree must list both the applicant's current and former name(s).

8 FAM 403.1-4(A)(1) Documenting Name Change Orders

(CT:CITZ-1; 06-27-2018)

You must annotate the information from the court order on the passport application.

8 FAM 403.1-4(A)(2) Divorce Decrees/Dissolutions of Marriage

(CT:CITZ-6; 08-07-2018)

a. Dissolutions of marriage and divorce decrees are treated identically for passport purposes and hereinafter are referred to collectively as divorce decrees.

b. The divorce decree must specifically declare that the individual may resume the use of a former name (22 CFR 51.25). This includes both the birth name and any name from a previous marriage. If the divorce decree includes a general declaration, e.g., The plaintiff may resume use of a former name, the applicant must submit acceptable ID in the former name and documentation showing the origin of that name with the form DS-11. If use of the former name is documented in the American Citizen Record Query, you do not have to request documentation showing the origin of the name from the applicant (acceptable ID is still required):

c. If an applicant has been divorced and wishes to continue to use the married last name, the passport may be written in the married last name unless:

(1) The court order specifically changes the applicant's name, e.g., The plaintiff's former name is restored; or

(2) The applicant submits ID in another name.

d. You may accept complete, unaltered photocopies of divorce decrees with forms DS-82 and forms DS-5504. You may conduct a commercial database check if you are concerned about the legitimacy or validity of the divorce decree.

8 FAM 403.1-4(A)(3) Adoption Decrees

(CT:CITZ-1; 06-27-2018)

a. The Department includes adoption decrees as an acceptable type of court decree that can be used to change a name under 22 CFR 51.25(c)(1). You must annotate the adoption decree on the passport application.

b. If the adoption is pending (i.e., not final):

(1) Domestically, a child may be issued a limited-validity passport book in the adoptive name, using endorsement code 46 (see 8 FAM 505.2); and

(2) Overseas, a child may be issued a limited-validity passport in the adoptive name, using endorsement code 109 (see 8 FAM 505.2).

c. See 8 FAM 1001.5 regarding replacement passports for limited validity passport books.

8 FAM 403.1-4(A)(4) British Commonwealth Deed of Change of Name (Deed Poll) or United Kingdom Statutory Declaration of Name Change

(CT:CITZ-1; 06-27-2018))

a. A deed poll is a legal contract to which there is only one party. Deed polls are most commonly used to change an individual's name legally (a deed of change of name), and are equivalent to a court order from a foreign court.

b. Most members of the British Commonwealth, and the Hong Kong Special Administrative Region, allow name changes via deed poll.

c. For applications accepted overseas, if the individual is a resident of the jurisdiction, and the country issues national identity cards to foreign residents, her/his local national identity card should also be in the new name.

d. United Kingdom statutory declaration of name change: A statutory declaration is a written statement of fact that is signed in the presence of a:

(1) Notary of the public;

(2) Justice of the peace;

(3) Commissioner for oaths;

(4) Solicitor: Between 1974 and 2007, solicitors in England and Wales holding a current practicing certificate had the same powers as a Commissioner for Oaths for the purpose of authenticating a Statutory Declaration;

(5) Councilor: Scotland only for documents on or after 10/12/2007; or

(6) Any other qualified person:

(a) An officer of a court appointed by a judge to take affidavits;

(b) A British diplomatic or consular officer; or

(c) An officer of the British armed forces with the rank of major or above according to the British Armed Forces Act of 2006.

8 FAM 403.1-4(A)(5) Family Registry Entry

(CT:CITZ-6; 08-07-2018)

A material name change may be accomplished through the extra-judicial entry of names in a family registry. This form of change of name is acceptable, provided the individual presents valid ID in the new name and where the country family registry law includes such provisions. The following countries include such provisions in the family registry law (see Visa Services Reciprocity Tables on the CAWeb for more information):

(1) China;

(2) Japan;

(3) South Korea; and

(4) Taiwan.

8 FAM 403.1-4(A)(6) Civil Law Notaries

(CT:CITZ-6; 08-07-2018)

a. Many foreign countries, typically those that are members of the International Union of Notaries, allow civil law notaries (also called notary attorneys) to perform legal name changes. As such, a name change performed by a civil law notary is equivalent to a court-ordered name change from a foreign court.

b. Do not confuse civil law notaries with notary publics (such as we have in the United States). Civil law notaries are highly-trained, licensed, and appointed lawyers of non-contentious civil law, i.e., they dont handle legal disputes, criminal matters, or represent the interests of the government. Notaries public may not change an applicant's name.

c. Civil law notaries may also perform the functions of notary publics. Consequently, you must review the document carefully to determine what action the civil law notary is taking:

(1) If the civil law notary is acting as a notary public (e.g., by authenticating the applicant's signature), you must request additional evidence to document the name change; and

(2) If the civil law notary is acting on her/his own authority to change the applicant's name in accordance with foreign law, you may accept it as equivalent to a court ordered name change. For example, the document might contain language such as, I absolutely renounce, relinquish, and abandon the use of my former name (name) and assume, adopt, and determine to take and use for the date hereof the name (name) in substitution for my former name.

d. Please consult your supervisor if you have any questions about whether a legal name change performed by a civil law notary is acceptable.

8 FAM 403.1-4(A)(7) Certificate of Name Change from the Appropriate Civil Registry Office

(CT:CITZ-6; 08-07-2018)

A material name change may be accomplished through an official name change in the form of a Certificate of Name Change from the appropriate Civil Registry Office. The following countries include such provisions in the civil register law (see Visa Services Reciprocity Tables on the CAWeb for more information):

         Germany

8 FAM 403.1-4(B) Change of Name by Naturalization

(CT:CITZ-6; 08-07-2018)

a. A name may be changed upon naturalization if:

(1) The applicant presented U.S. Citizenship and Immigration Service's (USCIS) with evidence of a previous name change (e.g., a court order or marriage certificate); or

(2) The oath of allegiance was held in a court, and the court changed the applicant's name on its authority. The naturalization certificate is then issued in the applicant's new name, and a petition for name change attached.

b. Under 22 CFR 51.25(c)(2), a naturalization certificate issued in a new name is acceptable, by itself, as evidence that a name change occurred. When the applicant submits a petition for name change with her/his naturalization certificate, you must document it to make it clear that it was seen and returned and clear any prior names.

c. The petition for name change issued at the naturalization ceremony does not list other family members whose names were changed at the same time. You must request the underlying court order to document the material name change for the other family members.

8 FAM 403.1-4(C) Change of Name by Marriage

(CT:CITZ-6; 08-07-2018)

a. 22 CFR 51.25 recognizes a marriage certificate as acceptable documentation of a material name change based on the traditional practice of making a name change in connection with marriage.

b. An applicant is not required to make a name change in connection with a recent marriage. Consequently, the applicant may request her/his birth last name(s) or other previous last name(s) (if the applicant did not change her/his name upon remarriage) instead of adopting a new last name upon marriage. The other previous last name(s) must be documented in accordance with 8 FAM 403.1-3(B). If the birth or other previous last name(s) are not used exclusively, those last name(s) may be included in the passport as a known as name (see 8 FAM 403.1-6).

c. On June 26, 2013, the Supreme Court held section 3 of the Defense of Marriage Act unconstitutional. Persons whom the Department previously may not have recognized as legal spouses for purposes of federal laws and regulations because they were part of a same-sex marriage now may be recognized and name changes adjudicated accordingly.

d. On June 26, 2015, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State:

(1) Since 2009, the Department recognized name changes in passports based on the operation of state law providing recognition to new names. The documents required to prove the legal name change have not changed. See also 8 FAM 403.1-4(D) for more guidance on operation of state law;

(2) Information about foreign countries that recognize same sex marriage is available on the Foreign Name Change page on the CAWeb;

(3) CA has and will continue to base our foreign marital name change actions on the country of celebration, meaning that the marriage was lawful in the foreign country that issued the marriage certificate.

8 FAM 403.1-4(C)(1) Acceptable Name Changes by Marriage

(CT:CITZ-6; 08-07-2018)

a. A marriage certificate must provide both individuals full names. Marriage certificates often do not explicitly change the applicant's name. If the marriage certificate does not explicitly change the applicants name:

(1) You may document a material name change if, on the application, the applicant:

(a) Added the spouse's last name(s);

(b) Added the spouse's last name(s) and dropped her/his current last name(s); or

(c) Added the spouse's last name(s) and used her/his current last name as a middle name (using a surname as a middle name is also an immaterial name change, see 8 FAM 403.1-5(A)); and

(d) Submitted identification in the new name.

(2) You may not document a material name change if, on the application, the applicant:

(a) Combined last names to create an entirely new name (e.g., Smith and Warwick to Smick);

(b) Created an entirely new last name (e.g., Smith and Warwick to Jones); or

(c) Used the spouse's first or middle name in place of her/his first or middle name (e.g., Jane Jones and John Smith to Mrs. John Smith)

(3) See also 8 FAM 403.1-5 regarding immaterial name changes.

b. Israeli Ministry of the Interior marriage certificates will explicitly list the applicants name has having been changed upon marriage, even though the applicant did not request that name change. In such situations, you may document any acceptable name change (see above) requested by the applicant, or the applicant may choose not to change her/his name.

c. A married person who requests his/her birth last name may have the passport written in that last name if:

(1) The last name is identifiable on the passport application as such; and

(2) She/he provides acceptable ID in that last name (see 8 FAM 401.3).

8 FAM 403.1-4(C)(2) Acceptable Documentation of Name Change by Marriage

(CT:CITZ-6; 08-07-2018)

a. The applicant must provide the marriage certificate or a completed marriage license showing that the marriage occurred. A marriage license that does not show that the marriage actually occurred is not acceptable as evidence of a name change. (Marriage certificates and acceptable marriage licenses are referred to collectively as marriage certificates in this appendix.):

b. The marriage certificate must be issued by a lawful authority:

(1) In the United States, authority to solemnize a marriage is a matter of state law. Consequently, an acceptable U.S. marriage certificate must be issued by, or filed with, a state or local government authority:

(a) Marriage certificates issued by federally recognized Native American tribes are also acceptable; and

(b) Religious marriage certificates are not acceptable by themselves to document a name change:

(2) For marriages solemnized overseas, unless you have evidence to the contrary, you may presume that the marriage certificate was issued by a lawful authority. If you have a concern or question about the legitimacy of a foreign marriage document that does not involve fraud, please refer to AskPPTAdjudication@state.gov; and

(3) See the reciprocity table for guidance on foreign marriage laws. See also 8 FAM 403.1-3.

c. You may accept complete, unaltered photocopies of marriage certificates with forms DS-82 and forms DS-5504. You may conduct a commercial database check if you are concerned about the legitimacy or validity of the marriage.

8 FAM 403.1-4(C)(3) Common-Law Marriage

(CT:CITZ-6; 08-07-2018)

a. A common-law marriage is an informal agreement in which two people who could otherwise marry (see 8 FAM 403.1-4(C)(4) regarding void and voidable marriages) agree that they are married, cohabit, and otherwise present themselves as married to the community.

b. You may document a material name change for an applicant when:

(1) For common-law marriages that occurred in the United States:

(a) The state or local authority recognizes common-law marriage and the common-law marriage was appropriately filed with state or local government authorities, e.g., the applicant submits a Recognition of Common Law Marriage. State and local laws regarding common law marriage are available in USCIS Adjudicator's Field Manual Appendix 21-1, List of States Recognizing Common Law Marriages and Their Requirements";

(b) If the common-law marriage has not been appropriately filed with the state or local government authorities (a "Recognition of Common Law Marriage" was not submitted), you may attempt to document the name change as a customary name change (see 8 FAM 403.1-4(E) regarding customary name changes); and

(c) If the state does not recognize common-law marriages, you may attempt to document the name change as a customary name change (see 8 FAM 403.1-4(E) regarding customary name changes);

(2) For common-law marriages that occurred overseas please scan and e-mail the application and associated documents to the Office of Adjudication, Policy Division (CA/PPT/S/A/AP) at AskPPTAdjudication@state.gov.

8 FAM 403.1-4(C)(4) Void and Voidable Marriages (Annulment)

(CT:CITZ-6; 08-07-2018)

a. A marriage that does not conform to the laws of the country or state in which it was performed generally is voidable and may be declared void (annulled) by an appropriate authority--usually a court in the jurisdiction where the marriage occurred. A court order is evidence that the marriage has been annulled.

b. Annulment of marriage differs from divorce in that a divorce action is based on the fact that a valid marriage has taken place. By contrast, an annulment of marriage declares that a marriage has not taken place:

(1) Prior to an annulment, a voidable marriage is considered valid for all purposes; and

(2) A marriage may be declared void ab initio (void from the beginning), in which case the marriage is considered never to have existed. Typically, a marriage is declared void ab initio when the parties to the marriage acted in bad faith, i.e., the participants knowingly entered into an illegal marriage.

c. If an applicants marriage has been annulled, and the applicant wishes to use her/his previous last name, the applicant must submit acceptable ID in the previous last name. However, if the applicant wishes to use the married last name, a complete certified copy of the annulment decree giving her/him permission to use that last name must be submitted.

d. If you determine that the evidence submitted by the applicant indicates that her/his marriage is potentially void as contrary to state or foreign law, e.g., a foreign marriage certificate indicates that it is a polygamous marriage, please consult with your supervisor. If the supervisor agrees, the supervisor may scan and e-mail the application and associated documents to the Office of Adjudication, Policy Division (CA/PPT/S/A/AP) at AskPPTAdjudication@state.gov. See also 8 FAM 304.1, Void and Voidable Marriages, 7 FAM 1465, Polygamy, Concubinage, and 7 FAM 1740, Forced Marriage of Minors.

8 FAM 403.1-4(C)(5) Widows/Widowers

(CT:CITZ-6; 08-07-2018)

A widow/widower may continue to use her/his married name or submit acceptable identification in her/his birth last name(s) or must provide evidence of a material name change.

8 FAM 403.1-4(D) Change of Name by Operation of State Law

(CT:CITZ-1; 06-27-2018)

a. In the United States, including its territories and possessions, name changes are governed by state and local law. Accordingly, a passport may be issued in a new name based on the operation of the provisions of any state or local law that recognizes a new name, in accordance with 22 CFR 51.25(c)(4). For example, a name may be changed on the basis of legal recognition of a civil union or domestic partnership:

b. Acceptable documentation of name change by operation of state law includes, but is not limited to, certificates of domestic partnership and civil union certificates. The applicant must provide an original or certified copy of the documentation of name change by operation of state law:

c. Not all jurisdictions that recognize civil unions or domestic partnerships also provide for a legal change of name. Consequently, when you receive a certificate of domestic partnership or civil union certificate and the applicant has not provided acceptable ID, you must refer to the CAWeb Name Change page or the reciprocity table for an up-to-date listing of states that recognize a name change by operation of state law. If a relevant state and/or foreign law is not available, please scan and e-mail the application and associated documents to at AskPPTAdjudication@state.gov; and

8 FAM 403.1-4(E) Change of Name by Customary Usage

(CT:CITZ-1; 06-27-2018)

a. The Department recognizes a less formal method of name change through customary usage over a period of at least five years (22 CFR 51.25(c)(5)).

b. An applicant may only request a change of name by customary usage on form DS-11.

c. The applicant should present three or more public documents, including one government-issued ID with photograph, reflecting exclusive use of the acquired name, each one evidencing that she/he has used the assumed name for five years or longer. The applicant may not be able to submit an acceptable ID because many issuing authorities do not issue IDs that are valid for five years or longer, and because many issuing authorities retain expired IDs. If this is the case, you may accept the applicant's currently valid ID and a combination of additional documents that meet these criteria (examples provided below):

d. If the assumed name has not been used for five years, or if the documentation provided by the applicant does not show exclusive use, i.e., the applicant has used the former name at any point in the last five years, the applicant cannot change her/his name by customary usage. The assumed name may still be included as a known as name (see 8 FAM 403.1-6).

e. The documentary evidence must show the issue date, acquired name, and one other piece of identifying data such as the applicants date of birth, place of birth, age, photograph, or social security number. Acceptable documentary evidence includes, but is not limited to:

(1) Drivers licenses;

(2) Non-driver state-issued IDs;

(3) Military records;

(4) Employment records;

(5) Tax records;

(6) School records;

(7) Census record;

(8) Medical Records; or

(9) Religious records.

EXCEPTION: The general policy in 8 FAM 403.1-2, that all documents must be original or certified copies, does not apply to valid IDs submitted in response to an IRL, as the applicant may need to retain those during the application process. Photocopies of valid IDs are acceptable.

f. Form DS-60, Affidavit Regarding Change of Name, or equivalent notarized affidavits, executed by two or more persons attesting that they have known the applicant by both the original and assumed names, and that the applicant has used that name for all purposes for at least five years, may be provided in place of one of the public documents if the applicant cannot obtain a third public record. See 8 FAM 401.5 for further guidance on identifying witnesses.

8 FAM 403.1-5 Immaterial discrepancies (minor name changes)

(CT:CITZ-6; 08-07-2018)

a. Immaterial discrepancies are those name changes defined in 8 FAM 403.1-5(A) and can occur between the applicant's name as provided on the evidence of U.S. citizenship/non-citizen U.S. nationality (e.g., a previous U.S. passport), the applicant's name on the application, and the applicant's acceptable ID (see 8 FAM 401.3). You must determine whether the applicant is requesting an immaterial name change or her/his full legal name by reviewing how the applicants name is provided in block one of the form DS-11, the top of page two of the form DS-11, or the applicants signature. If the applicant provides her/his full legal name on the form DS-11, the passport should be printed in the applicants full legal name:

(1) The REAL ID Act of 2005 requires that states include the full legal name on IDs issued by the state. ID that is not REAL ID compliant may have been truncated, and thus the evidence of U.S. citizenship/non-citizen U.S. nationality may be the best indication of the immaterial name change. For example:

(a) Evidence of U.S. citizenship/non-citizen U.S. nationality John Jacob Jingleheimer Schmidt;

(b) Non-REAL ID compliant ID John JJ Schmidt; and

(c) Passport application John Jacob Schmidt.

(2) In the example above, the applicant is dropping a last name, which is an acceptable immaterial change. The first and last names are supported by the applicants ID, and the middle name by the applicants evidence of U.S. citizenship/non-citizen U.S. nationality.

b. An immaterial name change generally must be supported by either the evidence of citizenship/nationality or the applicant's ID.

c. If the immaterial discrepancy is not supported by the applicant's evidence of citizenship/nationality or ID, you should suspend the application to request that the applicant submit acceptable ID in the requested name:

(1) An immaterial discrepancy is not a sufficient reason to deny a passport application or cause an applicant to miss her/his trip. If there is insufficient time to request that the applicant submit acceptable ID in the requested name, or if the applicant does not respond to the IRL, you should correct the applicant's name on the application to match the name on the evidence of citizenship/nationality or ID and enclose information notice IN-941-24; and

(2) You may approve an immaterial name change for a minor if:

(a) Both parents/legal guardians provide written consent reflecting the immaterial name change (see 8 FAM 703.7); or

(b) The applying parent/legal guardian provides evidence that one parent's signature is sufficient (see 8 FAM 502.4).

d. Immaterial name changes are not acceptable on form DS-82.

e. (U) If the applicant is requesting multiple, immaterial name changes on a single passport application, you must determine whether the overall change is immaterial or whether the combined changes materially change the name. For example, it would be a material name change if John Adams-Smith became J James Smith by adding the middle name James, using the initial J instead of the name John, and dropping the last name Adams.

f. (U) If the applicants previous passport was a passport card with a truncated name, the full legal name should be printed in the passport book. This is not a name change.

8 FAM 403.1-5(A) Acceptable Immaterial Discrepancies

(CT:CITZ-6; 08-07-2018)

a. You may approve any of the following immaterial discrepancies if the applicants requests the name on the form and submits appropriate documentation.

b. The list of acceptable immaterial discrepancies in this section is exhaustive. Please send any questions about other possible immaterial discrepancies to AskPPTAdjudication@state.gov.

c. The applicant may:

(1) Change the spelling of her/his first, middle, or last name(s) if the new spelling is pronounced the same way (e.g., Ann to Anne, Smyth to Smith);

(2) Add a first or middle name (e.g., John Johnson to John Robert Johnson);

(3) Add a parent's or stepparent's last name for a minor with appropriate consent (the stepparent's last name would be documented with the parents' marriage certificate) (see 8 FAM 403.1-5);

(4) Drop a first or middle name if more than one name is shown on the evidence of citizenship/nationality (e.g., Aloysius Sherman Peabody to Sherman Peabody):

(5) Drop a last name (either patrilineal or matrilineal), if the applicant has two or more last names (e.g., John Smith Jones to John Jones);

(6) Drop a patronymic/matronymic (a name derived from the father's or mother's first or middle name) (e.g., Volodia Ivanovich Shevchuk to Volodia Shevchuk);

(7) Naming conventions (see 9 FAM 303.2, Guides on Proper Names and Name Citing and the Guide to Names and Naming Practices available in the Passport Fraud Library):

(a) Add a first, middle, or last name in accordance with a naming convention (e.g., adding a matrilineal surname) (e.g., Jose Gonzalez to Jose Gonzalez Perez, or Volodia Shevchuk to Volodia Ivanovich Shevchuk). This is an exception to the policy that the name must appear on the evidence of U.S. citizenship/non-citizen U.S. nationality or ID. If you cannot determine the origin of the name on the basis of a naming convention, you must treat this as a material name change and appropriate documentation required (see 8 FAM 403.1-4).

(b) (U) Change the spelling of a name in accordance with a naming convention, such as changing the spelling of a last name based on the sex of the individual (e.g., the wife or daughter of Petro Chapovski would be Chapovska) (see 9 FAM 303.2). Applicants may also drop a naming convention to Americanize a name (e.g., the wife or daughter of Petro Chapovski could choose to have Chapovski instead of Chapovska).

(8) Use initial(s) instead of full first or middle name(s) (e.g., John Francis Xavier Reilly to John F.X. Reilly). Sometimes, a full legal name, which is the name that best identifies a person, may consist of initials only (for example, Harry S. Truman or F. Scott Fitzgerald). Last names must be written in full (see 8 FAM 403.1-7(D) for an exception to this policy). The full first or middle name(s) must be cleared (see 8 FAM 501.3);

(9) Use full first or middle name(s) instead of initial(s) (if the full names are consistent with the initials) (e.g., A. P. Hill to Ambrose Powell Hill);

(10) Use a nickname if it is a common derivative of the first or middle name shown on the citizenship evidence (e.g., Jim for James). See the foreign versions, variations, and diminutives of English names (available in the Passport Fraud Library);

(11) Use a proper name for a nickname if it is the source of a nickname shown on the citizenship evidence (e.g., James for Jim See the foreign versions, variations, and diminutives of English names (available in the Passport Fraud Library);

(12) Translate or transliterate a foreign first or middle name to its English equivalent or homophone (e.g., Giuseppe to Joseph; Moises Ramon to Moses Raymond) or an English first or middle name to its foreign equivalent (e.g., Mary to Maria). See the foreign versions, variations, and diminutives of English names (available in the Passport Fraud Library):

(13) Drop a known as name (see 8 FAM 403.1-6 for further guidance on dropping "known as" names);

(14) Use a last name as a middle name as long as the order of the names is not changed (e.g., first name Juan last names Perez Rojas to first name Juan, middle name Perez, last name Rojas).

8 FAM 403.1-5(B) Name Suffixes

(CT:CITZ-6; 08-07-2018)

a. Name suffixes (Jr., Sr., II, III, etc.) may be added or dropped based on the applicant's preference on form DS-11, regardless of whether they appear on the applicant's evidence of citizenship/nationality or ID. You must determine how the applicant wishes her/his name to appear:

(1) If the name suffix appears on the evidence of citizenship/nationality or ID, you may assume that the applicant wants it included as a name unless the applicant requests otherwise.

(2) If the applicant writes the suffix on the application, either in a name block (except for the other names in block nine) or in the applicant's signature, it should be included as a name.

b. Name suffixes may be listed based on the applicant's preference, because naming conventions do not require strict logical adherence in the addition of a name suffix:

(1) An applicant may use a name suffix regardless of whether the applicant's parent/child uses the corresponding suffix;

(2) An applicant may use Sr. and Jr. interchangeably with I and II;

(3) Name suffixes may skip a generation, so the grandfather may be John Smith I and the grandson John Smith II; and

(4) An applicant may change her/his name suffix when an older generation dies, or when a new generation is born.

c. You must circle the name suffix on the application:

d. Arabic ordinal numbers must be changed to Roman numerals, for example, 2nd to II, 3rd to III:

e. Some applicants may include the prefix Sr. as an abbreviation for Seor in Spanish meaning Mr. or Mister in English. If you determine that this is the case, follow the guidance in 8 FAM 403.1-5(C) regarding ranks and titles.

8 FAM 403.1-5(C) Ranks and Titles

(CT:CITZ-6; 08-07-2018)

a. You may not include ranks or titles in the applicant's name even if it is printed on the applicant's ID. Department policy is in accordance with the ICAO recommendation that ranks and titles not be included in a passport. This not only includes professional titles, such as Dr., but also heraldic or honorific titles such as Mr., Mrs., or Sir.

b. If the applicant's name actually includes a term that is normally a rank or title, whether on the evidence of nationality or a documented, material name change, it may be included as a name. For example, the rank Major may also be a first name, middle name, and last name.

c. Unlike other ranks and titles, religious titles may appear in a passport as a known as name (see 8 FAM 403.1-6).

d. Follow the guidance in 8 FAM 403.1-2 to correct the name if a rank or title is listed in the name field.

8 FAM 403.1-5(D) Religious Names

(CT:CITZ-1; 06-27-2018)

a. An applicant may have assumed a name as part of a religious rite, e.g., conversion to a new faith.

b. If the assumed religious name is an immaterial name change (e.g., adding a new middle name), you must document it in accordance with 8 FAM 403.1-5(A).

c. If the assumed religious name is a material name change, you must document it in accordance with 8 FAM 403.1-4.

d. If the applicant requests the assumed religious name be included as a known as name, you must document it in accordance with 8 FAM 403.1-6.

8 FAM 403.1-6 KNOWN AS and PROFESSIONAL NAMES

(CT:CITZ-6; 08-07-2018)

a. A passport applicant who does not meet the criteria for a customary name change (see 8 FAM 403.1-4(E)), or who has assumed a name for professional or other bona fide reasons but keeps her/his legal name for other purposes, may have the assumed name included in the passport as a known as name along with the full legal name.

b. A known as name may be accepted on the Form DS-11 when the applicant:

(1) Requests inclusion of a known as name;

(2) Provides acceptable ID in both names;

(3) Signs the application in both names; and

(4) Submits evidence that clearly reflects that the applicant has used two or more distinct names openly and concurrently:

(a) Two or more public documents such as military records, employment records, or tax records. At least one of these documents must show current use of known as name and one other piece of identifying data, such as date of birth or age, place of birth, or Social Security number; and

(b) Two affidavits executed by individuals attesting that they know the applicant by both names. In lieu of one affidavit, a third public document may be submitted:

c. The form DS-82 requires that the applicants name must be exactly the same or acceptable evidence of a material name change presented. This includes any known as names. Because dropping a known as name is an immaterial name change, the applicant cannot drop a known as name on the form DS-82 unless the applicant can submit evidence of a material name change. The applicant must also sign the Form DS-82 in both names.

d. A known as name should not be accepted when the applicant cannot demonstrate that she/he has used both names openly and concurrently, e.g., the applicant can only submit private documents or has only very recent documentation of the known as name.

e. You must record the known as name using endorsement code 08 and on the application:

(1) If the applicant has recorded the known as name in block one, or if there is room to notate the known as name in block one, notate K-A in front of the known as name:

(2) If the applicant has not recorded the known as name in block one and there is no room to record it there, notate K-A and the known as name in block nine:

f. An applicant may assume her/his known as name as her/his primary name via a customary name change (see 8 FAM 403.1-4(E)).

g. If a minor applicant wishes to add a patrilineal or matrilineal last name in the absence of a naming convention (see 8 FAM 403.1-5(A)), or add a dual national name (see 8 FAM 403.1-7(B)) the name may be included in the passport as a known as name:

(1) The applicant must provide two public documents, such as school and medical records showing the assumed name, and:

(a) Both parents/legal guardians provide written consent reflecting the assumed name (see 8 FAM 703.7); or

(b) The applying parent/legal guardian provides evidence that one parent's signature is sufficient (see 8 FAM 502.4); and

(2) Because minor applicants do not sign the form DS-11, a parent/legal guardian of the applicant must write both the legal name and the known as name in the signature block (see 8 FAM 402.3 for more guidance on the applicant's signature).

8 FAM 403.1-7 Name Issues

8 FAM 403.1-7(A) First Name Not Recorded on Evidence of Citizenship/Nationality

(CT:CITZ-6; 08-07-2018)

a. You may receive a birth certificate on which the first name(s) were not recorded when the birth certificate was filed (and the birth certificate has not yet been amended to reflect the first name(s)). When this occurs, the birth certificate may list Baby Girl Smith, Smith with no first name, Unnamed Smith, No Name Smith, etc. Please note that terms such as Baby or Female are occasionally first names, so you must determine whether such a term is the applicant's first name, or a placeholder when no first name was provided.

b. When you receive a birth certificate with no first name, you should request an amended birth certificate:

c. If an amended birth record cannot be obtained (or cannot be obtained in a timely manner in urgent or emergency circumstances), in lieu of an amended birth certificate, the applicant may submit:

(1) A form DS-10, Birth Affidavit, executed by an immediate blood relative of the applicants generation or older, and the documentary evidence required for a customary name change (see 8 FAM 403.1-4(E)); or

(2) A hospital birth certificate showing the first name.

8 FAM 403.1-7(B) Dual National Names

(CT:CITZ-6; 08-07-2018)

a. A multi-lingual and/or dual-national family may informally give their child(ren) more than one set of names, e.g., an English name and a name in the family's native language. When this occurs, you must clear both sets of names (see 8 FAM 501.3).

b. You must use the applicant's legal name (as listed on the evidence of citizenship/nationality) unless the applicant can document the dual national name(s) as a name change (whether material or immaterial).

c. The applicant's dual national name may be included in the passport as a known as name (see 8 FAM 403.1-6).

8 FAM 403.1-7(C) Parents Who Change Their Minds

(CT:CITZ-1; 06-27-2018)

a. On occasion, parents who have chosen a legal name for a child may subsequently decide to call the child by another name in public. When this occurs, you must clear both sets of names (see 8 FAM 501.3).

b. You must use the applicant's legal name (as listed on the evidence of citizenship/nationality) unless the applicant can document the new name(s) by material or immaterial name change. Alternatively, the parents may submit an amended birth certificate reflecting the new name.

8 FAM 403.1-7(D) Name Truncation

(CT:CITZ-6; 08-07-2018)

a. Occasionally, an applicant may have multiple, legal first and middle names and/or last names listed on the evidence of citizenship/nationality and/or identification, that are too long to be printed on the passport data page and/or passport card (see 8 FAM 706.1 regarding specific character limitations for the passport card).

b. When this occurs, you must determine the truncated name that best identifies the applicant in consultation with the applicant. The 708 series IRLs (see the IRL index) have been provided to request a truncated name from the applicant. Once you have agreed on a truncated version of the applicant's name, you must make appropriate edits to the name block on the application, and notate that the name was truncated by block one on the application to indicate why the name was changed:

c. For truncation purposes, the following immaterial name changes are acceptable without requiring ID documents in the new name:

(1) Dropping a first or middle name;

(2) Using initials instead of a full first or middle name;

(3) Dropping a last name; or

(4) Using a last name as a middle name.

d. In addition, for truncation purposes, the applicant may use an initial in place of a last name without requiring evidence of a material name change.

e. For name truncation on an application for a passport card, or an application for a passport book and card, see 8 FAM 706.1.

f. For name truncation on an application for a passport book, you must enter an appropriate endorsement:

(1) Passport agencies/centers must use endorsement code 74 (see 8 FAM 505.2) to include the applicants full legal name on an endorsement page in the passport; and

(2) Posts abroad:

(a) Overseas photo-digitized passports (see 8 FAM 706.2): Use endorsement code 74 (see 8 FAM 505.2) to include the applicant's full legal name on an endorsement page in the passport; and

(b) Emergency photo-digitized passports (see 8 FAM 706.2): Use endorsement code 112 to include the applicants full legal name on an endorsement page in the passport.

8 FAM 403.1-7(E) Trademarked Names

(CT:CITZ-6; 08-07-2018)

(U) The Department does not make any determinations with regard to applicants whose name(s) are, or potentially may be, trademarked (see 22 CFR 51.25 for the Departments regulations regarding name change).

UNCLASSIFIED (U)