One and the Same (AKA) Name Declaration?

[dgeorge]

It seems that Connecticut has become more restrictive in changing vital records. I have read of posters on other forums that were able to get vital records changed through the local registrar or the state department of health. I was told at both levels that changes for deceased individuals that were not obvious clerical errors would not be processed for ancestors seeking dual citizenship.

I will be applying GGF-GF-F-me in NY. Similar to another poster on this forum, the family's last name went from a double letter to a single letter as follows:
double letter documents: GGF BC/MC (both italian), GF BC(us)/MC(italian)
single letter documents: GGF DC/Naturalization, GF DC, F BC/MC/DC, and me BC/MC
There are no date issues. I would like to have a court order declaring my GGF and GF with the double and single letter spelling to be "one and the same" person (an a.k.a).

Questions:
1) Does the "one and the same" approach seem like a good way to go? Am I not seeing other options?

2) I have not seen any postings for how someone has done this in Connecticut. Is it done as a court order or notarial filing? If anyone has any related experience that they can share, I would be very appreciative.

3) Will I need to use the court order to change the vital records or is the decree enough to establish that these are the same people?

4) My uncle is still living and I am sure that he would be willing to sign a notarized affidavit stating that his father (my GF) used both versions of his name during his lifetime. I have seen similar things for other consulates, but I am not sure that this would be acceptable in NY. Does anyone have experience with this type of affidavit in NY?

[JJ313]

The key in your case is your GGF naturalization documents as it appears that is where the change from 2 letters to 1 occurred. In some cases the naturalization file contains information regarding a change in name or it may be just a clerical error in transcription and your GGF used that name as his going forward. What does it say on the petition? If he applied with 2 letters and they gave him one you might be able to persuade the consulate. You could use this information and get a one in the same declaration. That would avoid having to amend all the documents that follow.

[dgeorge]

JJ313 thanks for your guidance. That would have been too easy! My GGF tried to naturalize in the late 1920's with the double letter name, but was denied. His later petition and citizenship (1950) both are with a single letter. I am sure that it is not a clerical error since the family appears in the 1930 census with the single letter. Actually, I know it is not an error, but a war between brothers that resulted in both of them adopting different names on U.S. documents. So, what do you think are my options?

[JJ313]

Do they give a reason for the denial? Can you tie the information from the first file to the second? What kind of feud would cause someone to take a different name?

It sounds like filing for a ruling of one in the same is your best bet. If you can use the information from the two files that may help a lot.

[jennabet]

dgeorge, I don't think you have a big problem. I would not change any of your documents nor try to get a one and the same letter. The reason being is this. In Italy, the correct spelling for every family with that name would include the double letter. There would be NO family name spelling with just a single letter so this means your family cannot be confused with any other family particularly since all of your dates are correct.

I would present the documents as is to the consulate, giving the explanation I outlined above. You can proceed from there if they want you to do more but I think if you show some assertion and "knowledge" as to why your ancestor is already one and the same person with the documents as is, they will agree with you.

It is very convenient for the city/state of New York to find a unique way to bring extra revenue into the state at a cost to Italian-Americans seeking Italian passports but in your case, I don't think it's necessary for you to spend the extra time and money.

[jennabet]

To elaborate a little. In Wilmington, Delaware where I was born and raised, there are many Italian-Americans that originated from the Region of Abruzzo with the sur name "DiFebo". Here in Italy in the same region, the name is "DiFebbo", which is the ONLY spelling and the correct spelling for this name. There would not be any name spelled as "DiFebo" anywhere in Italy.

[JJ313]

Jennabet, I agree with your logic and your argument regarding the spelling of names. If you can demonstrate that a name does not exist then most consulates may accept it. NY on the other hand marches to a different beat and does not follow logic. They are particularly picky when it comes to names (they do not allow Anglicization of names). By the way a quick check of Pagine Bianche shows over 300 Di Febo and 114 Di Febbo.

The city and state of NY have nothing to do with trying to drum up revenue in this instance. It is the fault of the NY consulate forcing applicants to do hand stands to qualify for citizenship.

[jennabet]

JJ, I think the correct spelling of the name "Di Febbo" or "Di Febo" would depend on region. People related to one another in the same region in Italy would tend to use the same spelling.

As another analogy, my cousin contacted me and said, "There are no more members of my family left in Italy". I said, gee, that's odd because since they're my cousins too, I've had dinner with them. Problem. He's in the US and spells his name, "Cimarconi". In Italy, the only spelling of that name in the region of Abruzzo is "Ciamariconi" (with two additional vows). No wonder he could not find them in the Italian white pages.

New York had the most immigrants so I guess there is extra room for error; hence the over attention to detail by the NY consulate. However like you said, it never hurts to try and explain the reason for the mistake without having to amend everything at a considerable time and expense.