Name Discrepancies

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Name Discrepancies

Postby bmoss00 » Thu Aug 19, 2010 4:17 pm

I'm applying for dual citizenship through my father-grandmother-great-grandfather and am having what seems like a pretty common problem with name discrepancies. My great-grandfather's surname was Licciardello, but whatever identification document he received when he arrived from Italy to the U.S. changed his name to Ricciardello, so my grandmother was born with the surname Ricciardello. But for whatever reason she dropped the middle '"r" from her name and used the surname Ricciadello (I'm sure this was just a mistake from early on in her life, rather than a legal name change). The name Ricciadello is what she used and signed her name as on her marriage license. I tried to get a court order to change her name to the original Licciardello, but wasn't able to, I suspect because whatever her name on her birth certificate was would be considered her legal name even if it was technically a mistake. I recently spoke with the woman at the Detroit Consulate and she said that I could get a court to certify that Natalie Ricciardello and Natalie Ricciadello are the same person.

I was wondering if anyone has had to go through this process to get a court to recognize that a person lived with two different names. Would it just be a matter of presenting a petition to the court with the evidence and getting the judge to sign a court order? Or is there some other process?

Thanks in advance for any advice.
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Re: Name Discrepancies

Postby Em » Fri Aug 27, 2010 9:19 am

I'm not sure how you would go about doing this, but I think you're fortunate in that you are dealing with the Detroit consulate--which takes a reasonable approach to discrepancies. I am assuming that the original change from the L to the R was not deemed to be a problem.

With your grandmother's name, perhaps to can get them to add to the marriage document "also known as
Ricciardello." The birth certificate would confirm this, so I think this change would work. This change would then substantiate the correctness of all subsequent names.

If this is impossible to do, you might want to get one or several of your older relatives to sign notarized affidavits attesting that the two names belong to the same person.
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Re: Name Discrepancies

Postby bmoss00 » Sun Aug 29, 2010 1:32 pm

Thanks for the reply Em. I'm also assuming that the change from the L to the R won't be a problem (although I'm not so sure it won't be). My great-grandparents realized that their marriage license was under the last name Ricciardello and they needed to change it to Licciardello when applying for U.S. passports so that it matched my great-grandfather's birth certificate from Italy. So I have their marriage license and all the court transcripts from when they needed to get a court order to correct the last name on the marriage license. It should be pretty straight forward to get my grandmother's birth certificate corrected to reflect her parents' real names (as it is now, her parents names are totally screwed up). The only problem I can foresee is that my grandmother's last name on her birth certificate would be Ricciardello while her parents would be Licciardello. I'm not sure if the court would have a problem doing this, but if they don't I can't imagine the consulate having a problem with it.

As far as getting my grandmother's marriage license to show that she used two different names, I guess I'm not sure how to go about that. I could get affidavits from her sister and my father, but I was specifically told by the woman at the consulate that I should get a court to sign off on a document that says that Natalie Ricciardello and Natalie Ricciadello are the same person. I don't think that the Consulate will accept just notorized affidavits from my relatives. So that's what I'm trying to figure out.
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Re: Name Discrepancies

Postby Em » Mon Aug 30, 2010 8:57 am

I think that with a copy of her birth certificate, you can demonstrate the error. Maybe you should go to the county courthouse and ask for direction. They may be able to amend one of the documents, or may be willing to issue an "also known as" statement.
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Re: Name Discrepancies

Postby dralexander » Wed Apr 20, 2011 2:35 pm

Did you ever resolve this and if so, how?

I am in a very similar situation in the Detroit area - no one, not even attorneys seem to know how to file this and in what court in Detroit.

Any input would be greatly appreciated

Thank You
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