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In the United States, citizens who changed their name after receiving their passport may be barred from the usual renewal process if they do not have legal documents supporting the change.
The State Department requires an in-person identity check for the applicant and several additional forms of documentation, and also uses different forms depending on when the document was issued and the circumstances of the change. All of that would mean more steps and more delay.
The requirement is especially important for people who began using another last name after marriage, divorce or for personal or professional reasons, but never formalized that change with an authority.
United States Blocks Routine Passport Renewal for Citizens With an Undeclared Name Change
According to the federal government, there are circumstances that prevent use of the normal passport renewal process, including: “Your passport does not have your legal name and you do not have a legal document to prove the name change”.
A lack of legal documentation can prevent someone from getting a standard passport renewal, but not necessarily from getting a document in the name they currently use. In these cases, the State Department provides for a special process that requires proof of identity and additional documentation.
What to Do if There Is No Legal Document
Anyone using another name but who does not have a court order, divorce decree or marriage certificate must apply for the passport in person and also submit:
- Form DS-11.
- Proof of U.S. citizenship.
- A valid ID issued in the name currently used, with a photocopy.
- A color passport photo.
- Payment of the applicable fee, which varies by age.
In addition, if the current name differs from the one on the citizenship document and the change cannot be proven through marriage or a court order, Form DS-60 must be completed, an affidavit of name change. It must be signed by two people who know the applicant by both names, and three public records, original or certified, must be attached showing use of the new name for five years or more.
What Documents Prove a Name Change
The State Department says people who have already legally changed their name must submit documentation that can verify that change, such as:
- A marriage certificate showing the new last name.
- A divorce judgment or decree establishing the name change.
- A court order authorizing the change.
It should be noted that the form to complete depends on each applicant’s personal circumstances:
- Form DS-5504: applies to people who legally changed their name within one year of the passport being issued. It is mailed with the most recent passport, the document proving the change and a photo. There is no fee, except for expedited service, which costs US$60.
- Form DS-82: for mail renewal when more than a year has passed, as long as the requirements are met and a certified copy of the legal document is submitted.
- Form DS-11: to apply for the passport in person when it cannot be renewed by mail.