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My monther-in-law is 83 yrs old and has used a different version

 
 
 

Customer Question

My monther-in-law is 83 yrs old and has used a different version of her first name as the one that appears on her birth certificate. No one in the family knew about it. We are trying to get her a government picture ID so that she can travel but they insist that her SS card and birth certificate match. The SS office in Orlando, FL would not issue the name change because she does not have a picture ID and the DMV will not issue an ID card because the names don't match. This is a very frustrating situation. What is the best thing to do? Get a legal name change to align to her birth certificate or have her name on her birth certificate amended via cour order? She was born in San Juan, Puerto Rico and therefore a U.S. citizen.
Thanks,
Yeri Estrada

Submitted: 1014 days and 18 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country: Florida

Already Tried:
DMV office, SS office

 
 
 
 
 
 

Accepted Answer

To obtain a U.S. Passport, your mother needs

 

1. a certified copy of her birth certificate, and;

 

2. an identifying witness who can swear her identity, and who must:

  • Have known the applicant for at least 2 years
  • Be a U.S. citizen or permanent resident
  • Have valid ID
  • Fill out Form DS-71: Affidavit of Identifying Witness in the presence of a Passport Agent

If your mother has tried all of the above, and the passport office will not issue a passport, then she will have to file a complaint against the DMV and/or Social Security Administration for declaratory relief in court and prove to the court by whatever evidence she may be able to assemble, that she is who she claims to be.

 

This would clearly be VERY costly ($5,000+ in legal fees), so I hope that you don't have to go through this process.

 

Note: a name change petition would only work if it included a declaration by the court that your mother is who she says she is. Otherwise, she would only be changing her name from someone who can not be positively identified to begin with.

 

Hope this helps.

 

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Expert: socrateaser
Pos. Feedback: 99.0 %
Accepts: 5961
Answered: 8/12/2009

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Retired (mostly)

 
 
 

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