Hi All,

I really need help on this one, I'm tearing my hair out (and believe me, every strand is precious), with a letter I just received when I returned home from work this evening. 

So, because transitioning isn't a complex enough task (well, series of tasks), I decided I would complicate the process by moving to Canada on a job transfer, and transition here in Toronto.  That has proven to be a golden decision, the resources here are amazing, but it has made a few things very hard, such as legal name change.   My last US residence was in the "lovely" State of Indiana, a small town there. 

I set upon my journey of name change a couple of months ago.  I searched the web for the best way to do this, as a US citizen residing in Canada.   I really couldn't find a definitive plan for the best way to do this, other then following a logical pattern of progression, starting with changing my name / gender markers in the states, then following it with Canadian identity, tying it into my imminent work transition later this year.

First step, petition the court of my last US residence for Name Change.   I call them, explain that I'm presently temporarily residing in Canada, my last residence (owned a house there for 10 years+, until very recently) was in their jurisdiction, and that I need to put in a petition for name change.  This is what every online source I can find says to do.  They are clueless, but say send in the paperwork and they will process it.    I do so, and today, I get it back, "Petition Denied, Petitioner lives outside the United States."

OK, now i'm on the verge of tears, and wondering what the heck am I to do?  The whole process of changing drivers license, bc, and all depends on this Name Change Petition with the courts.  I don't know how much longer I will reside in Canada, could be 3 months, 3 years or 30 years, but I know that I have to get my name changed in the US to start this process correctly (at least in my mind).   Advice needed!

*huggs*,
Melan 

Conact the Transgender Law Center or The National Center on Lesbian Rights.  Google either.  They can help.

Thank You Mister for the reply, I put in a form for a request for help with NCLR.   It looks like all they do is give one a recommendation for a LGBT lawyer in the area, which I may need, sigh.

To my overall question posed.   Perhaps a better question would be, since name change isn't specific to trans issues, (example:  if i were to change my name for marriage), how would a US citizen residing in Canada do that for their US identity?  I don't want to scream discrimination, but in every thing that I've read, a US citizen's last residence in the US is their court jurisdiction for such matters.  I'm just trying to avoid lawyers(and their cost $$$), and want to file paperwork, and get on with my life.   My court documents were filled out completely, in every detail, and there was the blaringly obvious male name, changing to a female name.   Sorry, getting over my discouragement of being denied my petition... and blabbing...

*huggs*,
Melan

Um, blabbing is totally understandable.

I'd really try to find a contact number on either site and call them.  I know international rates suck, but they can probably help.  The only reason I directed you toward trans specific sites is that I know they handle all sorts of complicated names changes from all over the country.  Seems to me that if anyone would know, they would... y'know? 

i'll do some asking around with a few folks and let you know if I get anything else that might be of use.

International law is a whole deal unto itself.  You need someone who is a specialist in it, and that's going to cost a lot.  US law is as you stated it, you last place of residence.  You might go ahead and buy an acre in North Cali, make that you're legal residence (and pay Cali taxes) and go from there.

Yeah the whole thing depends on legal residence, not citizenship, for a name change. Depends on your immigration status in Canada. If you're a permanent resident, change your name here. If you're on a student or work visa, change your name in the US and use a US address so you don't mess with their tiny minds. Your citizenship actually bears little on things like taxes, name changes, that sort of thing. It only tells the world what countries you have a right to enter, rather than a privilege. Legal residence is much more important.

Dennis

Thank you all for your replies.  I've contacted TLPI and NCLR per Mister's advice.   I'm really interested to hear what a lawyer has to say to my petition being denied.  I lived in that court jurisdiction in Indiana for the last 10 years.   

I really wanted to do this the right way, and be honest in my dealing with the Gov't, however I think that I will end up slanting things, per Dennis's advice (I am in Canada on a TEMPORARY work permit).   I contacted a friend that will allow me to use her address in another court's jurisdiction in Indiana, and go forward with a petition for name change using her address as residence when I'm there visiting in a couple of months.   I so wanted to have my name legally changed before starting transition at work in two months.. oh well.

Small things that add to the stress of transition, sigh... Thank you all your help and advice!

*huggs*,
Melan