Question: Hi, I have a question about citizenship. My husband and I and our children have all had Green Cards and lived here in the U.S. for over 10 years. We have decided to apply for our U.S. Citizenship now before the Immigration filing fees go up soon. My question is, once my husband applies for his citizenship, as long as he lists me and our two children on the application, do we automatically become naturalized U.S. Citizens along with him?

Answer: Unfortunately, every U.S. Resident (Green Card holder) must apply separately for Naturalization in order to obtain U.S. Citizenship. The exception is that of minor children under age 18, who are resident and reside with the parent, automatically become U.S. Citizens when a parent is naturalized. However, children who obtain citizenship automatically do not receive citizenship certificates; so obtaining a U.S. passport is the usual way to show a child’s status as a U.S. Citizen. Therefore, if your children are under age 18 on the day you or your husband are sworn in as a U.S. Citizen, they will automatically become U.S. Citizens on that day.

I didn’t take my husband’s name, is that a problem?

Question: I have my passport in my maiden name, so when I married my husband, who is American, I did not change my last name to my husband’s last name. Now we want to file for my Green Card. Do I have to change my last name before the papers are filed with immigration in order to qualify or not? Thanks.

Answer: No, there is no immigration law which requires a foreign spouse to change her last name to that of her U.S. Citizen spouse. Taking a husband’s last name is an option, never a requirement. However, marriage immigration cases are often much more challenging than couples realize and there are many other crucial steps which should be taken as soon as possible after marriage to ensure the foreign spouses Green Card approval, including maintaining joint bank accounts (no separate accounts), filing taxes together, having Driver’s Licenses at the same address, joint auto insurance, joint names on a lease or deed to a home, joint utility bills, etc and having lots of photos in a photo album to name a few.

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