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Amberspace: Information resources for transsexual (TS) and transgendered (TG) persons. Follow the journey of Amber, a post-transition MTF TS.
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amberspace "Been there. Been that." Last updated on 2006.08.10.
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legal




Overview

Solidifying your legal identity is a must if you are going to transition and stay that way. The difficulty of doing the change varies from locale to locale, but with preparation and dedication you can most likely get through it. The keys are to get as much documentation about your process as possible, stick to the procedures, and pursue it. Give yourself plenty of time to do it because it will take months even under the best of circumstances.
At least with the California system there is a funny Catch-22 where when you change your license a cross-check is done with the Social Security Administration to make sure you are who you say you are. So, I think it's best to do the DMV first and then immediately go to the nearest full-fledged SSA. Plan ahead!
      One of your first stops should be the Legal Name Change Project as hosted on the TS Roadmap site. Find your location if you can and see what other people have said about walking through your legal process. Most people recommend getting your court ordered name change document first because you will be using that a lot. However, I've found that I get around pretty well without it although the time will come where I will have to go through it.
      My plan of attack was to get enough documentation (driver's license at the DMV and social security card from the SSA) to jump to full-time and worry about the rest later. With those two pieces of documentation I've been able to get car loans, credit cards, change all my paperwork at the office, and update medical records all over the place. The court ordered name change will be the final piece which will help with the birth certificate, the diploma, and renewing my passport.




DMV

  • You will have to surrender your license on submit of the forms. Unless you happen to have an expired license around you will be out of this picture ID for about 2 months.
  • Be sure to request a copy of your completed forms because you will need them for the SSA. In fact, always ask for copies of documents whenever you can.
I made my California Department of Motor Vehicles (DMV) appointment a couple months before full-time knowing it will take at least 6 weeks to get it done if everything went smoothly. I had:
The first thing I did was to make an appointment online a while in advance. I really didn't want to have to wait long there so booking the appointment was a good idea.
      With all the forms in order I went with a friend down to the office. After waiting my turn and submitting the paperwork to this little clerk I got nervous when he seemed to be all confused about what to do. But I maintained my calm composure and was ready to explain gently to him what I needed to have him do. I paid my money, got my picture taken, and soon I had my temporary license in hand! Now it was off to the SSA before the cross-check completes.





Social Security

  • Wear slides or mules if you have to go through metal detectors because you can slip them on/off quickly. You've got enough things on your mind to have to worry about tying your shoes.
  • Be sure your doctor filled out two DL-328s (or equivalent in your locale) because you may have to submit originals only to each office.
At the time of this writing the DMV does a cross-check with the Social Security Administration (SSA) within 72 hours of filing so it's best that you high-tail it to the office as promptly as possible. I didn't have to make an appointment and so I went from a local DMV office right down to our local SSA branch that just happens to be a full-service branch. (Don't go to a field office if you can help it!)
      I had all my paperwork (Application for a Social Security Card, SS-5) ready and so I could show my ID at the door. (I had an expired ID from a while ago.) Going through the metal detectors was interesting because I had to flash that old ID and explain the situation quickly. Fortunately I didn't have to worry too much about slipping off my shoes and purse and passing through the metal detectors.
      I got up to the SSA office, talked to the clerk, and presented my situation slowly and calmly. She pointed me to the right person to handle my paperwork. I can't remember exactly what I brought but I think it was my old driver's license, my new temporary, my old Social Security card, and my counselor's introduction letter. I was ready to have the SSA clerk call my counselor in realtime if necessary. But no complications happened, we had a quick chat, and I waltzed out of the office with my receipt.





Follow-ups

The legal process is a quagmire and one of the simplest ways to stay on top of things is to be in high-touch with the people who took your paperwork. The SSA was the biggest concern to me because I wanted to be sure the paperwork got accepted and confirmed within 72 hours. I can't remember exactly what I did but I think I called the SSA the following day to make sure there were no problems detected with my paperwork.
      Regarding the DMV I did call up the main office in Sacramento and after a few tries found the department handling these special ID cases. The trouble was that they couldn't look up my new ID number because it hadn't been entered into the database yet. And my old ID number had no link to the new one---I had a new number. But I harassed them and called back a couple weeks later. I was concerned when I was told the paperwork had gone to a particular department for processing and essentially it was a black hole. I even resent all the paperwork I had (which is one very good reason to request copies of all paperwork filed!!!). Finally after the third try I got the answer I was looking for: your paperwork has just been entered in our computers.






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