OCI Update for last name change due to marriage

[samverma]

Hello,

My daughter had an OCI Card for about 8 years. She recently got married and submitted the required information to update her OCI Card for the last name change due to marriage. She submitted all the required information including a certified marriage certificate (from North Carolina, USA) as proof of the name change.

Upon receipt of her application, VFS said her application was incomplete and that she needed to provide additional information for her name change. She was told to FedEx this information. She again sent her marriage certificate along with a letter explaining that the marriage certificate is proof of her marriage change. She also originally submitted her new passport and US Driver License showing her new name.

Upon receiving this information again, VFS cancelled her application stating that the marriage certificate is NOT proof of name change and returned her old OCI Card. She lost her application fee.

She repeatedly asked VFS and the US Embassy what other proof can she supply for a name change with no answer.

We are at a loss on how to proceed! She had no problem changing her passport and Driver License when using her marriage certificate as proof of name change. This is really ridiculous that VFS does NOT consider a certified marriage certificate as proof of name change.

We are afraid to apply again thinking the same thing will happen again.

Any assistance on how to proceed will be greatly appreciated.

Thanks in Advance.

[arkaa]

Marriage Certificate only has maiden name, and does not show that the name has been legally changed. So, they are correct in that Marriage Certificate is not proof of name change as now-a-days many don't change their name after marriage.

If you already got the name changed in her Passport and DL, did you submit copies of those too? Also, VFS has a name change affidavit for exactly this purpose - not sure why they didn't direct you to that in the first place.

https://visa.vfsglobal.com/one-pager/india/united-states-of-america/passport-services/pdf/name-change-affidavit.pdf

When I had a small change in my name (during naturalization), I prepared the above affidavit (tailored to my situation, of course) and got it notarized. VFS accepted it without any issue.

If you do all that and they are still refusing to accept, then someone is not using their brain. Contact the consulate directly (email them) or contact the head office (MEA) in India.

[samverma]

Arkaa,

Thanks for the reply. Yes, she submitted a driver license and US Passport showing name change. She was not directed to fill out a name change affidavit. Thanks for the info. Considering if she should re-apply.

[samverma]

Arkaa,

Thanks for posting the name change affidavit. However, per language in the form (see 1b below), it sounds like the affidavit is NOT applicable in her case. Do you think this will work in her case in USA since her current USA Passport and Driver License have her (new) married name?

"1. Following marriage, re-marriage or divorce, except details provided by the applicant in the application, no proof of marriage/dissolution of marriage or any court orders/decree would be required in the following cases: (a) An applicant applying for reissue of passport for incorporation of name of his/her spouse; (b) A woman applying for a change of name/surname in existing passport due to marriage; (c) Divorcees applying for change of name or for deletion of spouse’s name in existing passport; and (d) Re-married applicants applying for change of name /spouse’s name in passport."

[samverma]

Also, the form has "wife" listed. This should possibly be husband. Any suggestions would be appreciated.

[arkaa]

Also, the form has "wife" listed. This should possibly be husband. Any suggestions would be appreciated.

The affidavit is just a template, you can and should modify it to fit your exact situation.

It is the same affidavit for all needs at VFS - Passport or OCI, the purpose is the same.

Again, best if you clarify with your local embassy/consulate before re-applying.

[vk60564]

I have a similar question. I just filled out OCI application part A and B for my wife, who was an Indian Citizena and seeking OCI on that basis. In the application there was question about current name and prior name. I filled her prior name as First + maiden name and current name as: First + surname after marriage. We never got her name changed formally. Her last two indian passports have her name as First + SurnameAfterMarriage -- same as on the US passport. Would welcome any feedback or suggestions? Thanks