Name change

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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garypeg
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Name change

Postby garypeg » 25 Feb 2011, 09:30

My mother was born Sebastiana but at some point starting using Diana. So her birth cert it reads Sebastiana but on mine it reads Diana S. What will I need to do to show the Italian government that Sebastiana and Diana S are one and the same? Thanks!

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 11:53

garypeg wrote:My mother was born Sebastiana but at some point starting using Diana. So her birth cert it reads Sebastiana but on mine it reads Diana S. What will I need to do to show the Italian government that Sebastiana and Diana S are one and the same? Thanks!


Your best choice by far would be to have your own birth certificate corrected.

Is your mother still livng? If yes, she can provide a notarized statement detailing when and why she began using the alternate name.
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Re: Name change

Postby garypeg » 25 Feb 2011, 12:02

No, she is deceased.

You suggested I change my birth cert so it reads what is on her birth cert. That also means changing her marriage of marriage to my father, in 1946. Why are you suggesting that this route would be better?

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 13:32

Ah, well, you didn't mention her marriage certificate is affected as well.

The consulates are most happy when all names agree. If it were just your own birth certificate which had the alternate name, then changing it would be a relatively easy and painless way to resolve the issue.

Which lineage are you usingfor citizenship - your mother's or your father's? If you are using your mother's, then you will have to make serious efforts to convince the consulate that Diana and Sebastiana are the same person.

However, if you are going through your father, you will likely find the consulate to be more lenient. In such case, a simple sworn statement which says that Sebastiana and Diana are "one and the same person" may be sufficient. It would be extremely helpful if this came from someone contemporaneous with your mother - for example, your father or one of your mother's siblings.

Much of this varies by consulate, with some being lenient and others nit-picking to the extreme. Where will you be applying?
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Re: Name change

Postby garypeg » 25 Feb 2011, 13:49

I am going through my mother's side, either Philadelphia or Miami. I have houses in both states.

As for 'serious efforts,' other than looking in Brooklyn to see if she changed her name legally, the only thing I can do is present some unsigned affidavits attesting to her identity. As for the court records, if she changed her name this would have happened in the 30's or 40's and I am not sure of the records go back that far for this sort of thing. I have requested a copy of the marriage cert from her first marriage. That will tell us whether she changed her name by the time of that marriage in 1938 or so.

My brother and sister were born of that marriage. They certainly could attest to the name. I think everyone else is dead. My mother died last August at almost 94.

Thanks for your help!

gary

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 13:59

Was she born in the US or is she (your father?) a naturalized US citizen?

If the latter, sometimes the naturalization documents will tie things together by mentioning both names.

A US passport application and/or social security application might also do the same. See here http://genealogy.about.com/od/online_re ... equest.htm for info on ordering a copy of her original social security card application.

Info on passport applications may be found at http://travel.state.gov/passport/npic/npic_872.html I am not certain whether you would qualify on your own to receive this; you may need the assistance of the person who acted as executor of your mother's estate.
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Re: Name change

Postby garypeg » 25 Feb 2011, 14:06

She was born in Brooklyn. Her birth cert reads Sebastiana and she used Diana and Diana is what appears in all documents I have other than the birth cert.

Do you think affidavits from my brother and sisters, whose birth names are different from mine, might that work? Is Phily a better choice than Miami?

I can get a copy of her SS application. If it reads Sebastiana, how does that help? If it reads Diana S, how does that help? The only sure proof, I would think, is a court order, even then there is room for doubt.

Thanks!

gary

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 14:13

garypeg wrote:She was born in Brooklyn. Her birth cert reads Sebastiana and she used Diana and Diana is what appears in all documents I have other than the birth cert.

Do you think affidavits from my brother and sisters, whose birth names are different from mine, might that work? Is Phily a better choice than Miami?

I can get a copy of her SS application. If it reads Sebastiana, how does that help? If it reads Diana S, how does that help? The only sure proof, I would think, is a court order, even then there is room for doubt.

Thanks!

gary


Affidavits from brother and sister may help or may be ignored. It is difficult to predict these things.

Both social security and passport applications required the presentation of a birth certificate, so far as I know. If your mother had either of these documents in the "Diana S." name, the applications may indicate both the birth name and the name she commonly used. Honestly, I do not know; perhaps you could telephone the State Dept and/or Social Security and inquire?

What name was on your mother's social security card? If you don't know, try looking her up in the Social Security Death Index http://ssdi.rootsweb.ancestry.com/
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Re: Name change

Postby garypeg » 25 Feb 2011, 14:33

SS Death index shows Diana S. I can order a copy of the SS5.

I have the 1930 census. I will look there. I think it is Sebastiana. I have my grandfather? application and his SS no. I have a letter I wrote in 1995 asking for a copy of her father? application for a SS card. It has her signature, date (October 1995). I have a document from Houston Italian office the same time responding to my inquiry about Italian citizenship. I am beginning to see a way to build a case.

I just looked at the 1930 census. It reads Diana, head of household Joseph.

So I can show that Joseph Palermo residing at xxxx had a daughter named Diana and a wife named Francesca. The birth cert shows that Giusseppe had a daughter named Diana and a wife named Francis (it is really Francesca). Joseph=Giuseppe, Francis=Francesca. Do you think the consulate will except those equivalencies and follow this logic? I appreciate your opinion.

gary

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Re: Name change

Postby garypeg » 25 Feb 2011, 14:46

It just got better. In 1995 I asked my mother to request a copy of her father's SS record. I have the original of the application. She signed it Sebastiana Palermo and in parenthesis wrote Diana S! The SS admin sent back a copy of his application for an account number.

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 15:09

garypeg wrote:It just got better. In 1995 I asked my mother to request a copy of her father's SS record. I have the original of the application. She signed it Sebastiana Palermo and in parenthesis wrote Diana S! The SS admin sent back a copy of his application for an account number.


There you go! That is exactly the kind of document you want to safeguard with your life. :P
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Re: Name change

Postby garypeg » 25 Feb 2011, 15:11

When I search using Sebastiana and her social security number, there are no results. When I use her SS it comes up as Diana and her married name. Do you think I should order a copy of her application, to see what that says? Too bad we can not see them online.

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 16:26

I think if you don't mind spending the additional money, it could be a worthwhile investment. Be sure to order the "Photocopy of Original Application" and not the computer extract.

While I have no direct experience with these documents, I do know that one had to present a birth certificate in order to apply for an SS card; it would be wonderful if her SS application provided an additional tie between Sebastiana and Diana.
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Re: Name change

Postby kontessa » 25 Feb 2011, 16:29

garypeg wrote:Do you think the consulate will except those equivalencies and follow this logic? I appreciate your opinion.


I'm going to guess no, but what the documents WILL do for you is provide additional evidence to support your efforts in amending the records. What state are the records from that contain these errors? Do you know yet whether or not amendments to records are allowed? Hopefully, amendments ARE allowed, and you can try this before entertaining the idea of a court order.

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Re: Name change

Postby johnnyonthespot » 25 Feb 2011, 16:37

kontessa,

In Gary's later message, he says:

It just got better. In 1995 I asked my mother to request a copy of her father's SS record. I have the original of the application. She signed it Sebastiana Palermo and in parenthesis wrote Diana S! The SS admin sent back a copy of his application for an account number.


What do you think?
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