RFE for EAD & AP

[naomil 29]

Hi guys , so I got an RFE I got was for clarification on my legal name .

I received two letters asking for the same thing for both the EAD and AP 

 

I filed all the forms in my married name but my passport obviously has my maiden name . Was I supposed to send three official copies of my marriage certificate ? One for AOS, AP & EAD a piece?

im now assuming the one I sent it was clipped to my i485 and separated from the other petitions? 

 

Kindly let me know if my assumptions is correct . They're also asking for an affidavit from me and asking to disclose all aliases . Does this need to be notarized ? 

[DrEllaNJ 288]

did you include your maiden name under "other names used"?

Edited February 17, 2017 by DrEllaNJ

[naomil 29]

Absolutely, hence my confusion 

[naomil 29]

This is what was in the letter - 

 "Service records and information provided on your I-765/I-131 application conflict regarding your full legal name.  If the name provided is a married name please include a copy of your marraige certificate .... Please submit a sworn affidavit indicating your your full legal name. Please include all aliases, include your maiden name, your married name.  For all names provided please list them in the following format. LAST, First Middle, "

 

I've already gone to justice department and gotten two additional certified copies of my marraige certificate.  What is a sworn affidavit?  Is this just a letter I write and confirm ? Or do I need something from a lawyer or notary ?  I called USCIS and got a very dumb textbook answer.  

 

Any expert opinions? thanks ? 

 

[DrEllaNJ 288]

Not sure whether other people who filed with married name got RFEs (I didn't change my name), but the letters spell out what you need to include to respond to it, so there you go.

 

As for affadavit, it's a letter you write, and sign in the presence of a notary public. You can easily find a notary public, most UPS stores have one, or at the bank, for example. I even saw a local hair salon advertised their notary public services. They put their seal on the letter as well.

 

See USCIS explanation of the term: https://www.uscis.gov/tools/glossary/affidavit

[naomil 29]

Okay awesome, thank you so much.  

[3rd 84]

I know that when I filed I made sure there was a copy of my marriage certificate in each separate petition. We don't know if they stay together, they likely get separated so I filed them in a folder of their own with the appropriate evidence that it requires in the guides. It's likely you got an RFE because you only sent the one copy with your I-485, they will need further copies to resolve this.

[naomil 29]

3 minutes ago, 3rd said:

I know that when I filed I made sure there was a copy of my marriage certificate in each separate petition. We don't know if they stay together, they likely get separated so I filed them in a folder of their own with the appropriate evidence that it requires in the guides. It's likely you got an RFE because you only sent the one copy with your I-485, they will need further copies to resolve this.

Yeah! I already went downtown and got two additional copies.  The sworn affidavit part is what concerns me.  I called a few notaries and its a form that's pre-done has to bring into them.  So i'm a little weary of just typing something up myself.  This state has alot of weird little laws so I'm considering just contacting a lawyer for clear advice.  

The last time I had to do an affidavit for anything the forms were provided by the wake country register of deeds. 

[3rd 84]

Do you mean an Affidavit of Support? UCIS don't tend to think too highly on affidavits from friends/family members as primary evidence, and I wouldn't have thought that would be something they ask for. Even if they did, it wouldn't need to be notorised. Nothing we sent was notorised and we didn't receive an RFE.

[3rd 84]

If it's an Affidavit of Support they require this is essential to the I-485 application process and something you need to fill out ASAP!

[DrEllaNJ 288]

10 minutes ago, 3rd said:

Do you mean an Affidavit of Support? UCIS don't tend to think too highly on affidavits from friends/family members as primary evidence, and I wouldn't have thought that would be something they ask for. Even if they did, it wouldn't need to be notorised. Nothing we sent was notorised and we didn't receive an RFE.

read the original post. The OP needs a sworn affidavit about her name.

[3rd 84]

That's a very odd request. Not saying it's not something that could be asked for, but the marriage certificate alone is proof of name change. Either way, I guess you have to abide by what USCIS want and get a notarised pledge saying what your name was to what it is now. That along with the marriage certificate copies for EACH petition should be what they require. Please make sure to treat the EAD and the AP as separate petitions and have copies for both.

[naomil 29]

Found a nice format for the affidavit from an old thread, thanks everyone! 

[Scandi 3,970]

I sent a copy of my marriage certificate with each application (ie 3 copies all in all), it seemed like the right thing to do considering the name change.

[naomil 29]

On 2/18/2017 at 0:41 PM, Scandi said:

I sent a copy of my marriage certificate with each application (ie 3 copies all in all), it seemed like the right thing to do considering the name change.

Definitely, should of done that.  Already sent RFE response, so we will see!