old surname omitted on I-129

[Possum 0]

Having just dropped the I-129f papers in the mail yesterday and thinking everything was totally PERFECT, i have just realized something that has me in a state of panic! We filled out the forms and there is a section on both the I-129f and the G-325s that ask about "other names used." My fiance (he's Australian) was born with his father's surname, but his mother remarried when he was 11 and his surname was legally changed to his stepfather's. He has never used the original name except as a young child and every legal document he has is in his current name. I knew he originally had a different surname but it didn't come to mind for the forms. The only place the original name is listed is on a birth certificate, which was actually amended with the new name, so it has both names. The worst part is, there's no way USCIS will even know there was a different original name except if they ask for his birth certificate at the interview and see both names there. I'm panicking thinking we'll get that far and then they'll reject him, thinking we tried to omit something. We haven't...we tried to be very up front and clear about everything. Now I'm freaking out, and I can't stand the thought of getting all the way to the interview and then having trouble because of this. I don't know what to do. Does anyone have any knowledge of whether USCIS cares about a birth name that was never used legally (except as a child), or if this is something I should try to amend right away (no clue how to do that, either...) Or, will his birth certificate even be required at the interview?

Any help or advice would be greatly appreciated. Thank you!

[Possum 0]

and um...if anyone knows how i can move this to the proper forum (K-1), please advise.

[funkyab 0]

He will have to show hie birth certificate. At least that was one of the standard requirements on the checklist we had.

Just send a letter to USCIS with the info suplementing what you already sent and explain the oversight. I wouldnt think u have much to worry about as long as you correct it. Or you could wait until the interview and make a note of it there.

[Possum 0]

Thanks funkyab, I figured he would probably have to show it.

I would rather wait until the interview to try to resolve this because I don't want to cause any delays in the meantime (and it seems as if any little thing can create delays). BUT, prior to the interview will they be doing anything with his name like checking FBI records and such, because I can just see them saying (once we get to the interview and show the name change papers) that they now need to do the whole thing over with his birth name, delaying us by months. If they do all of that after the interview, it shouldn't be a problem. Of course, considering the fact that he hasn't used this name since he was 11, common sense tells you there won't be anything under it, but I'm sure common sense doesn't override policy over at the USCIS.

Anyone else have any insight about this? I posted this originally in the wrong forum and someone moved it for me (thanks to whoever that was).

Also, hello to those of you I haven't spoken to yet; I'm pretty new here...been lurking a while.

[pushbrk 12,144]

Having just dropped the I-129f papers in the mail yesterday and thinking everything was totally PERFECT, i have just realized something that has me in a state of panic! We filled out the forms and there is a section on both the I-129f and the G-325s that ask about "other names used." My fiance (he's Australian) was born with his father's surname, but his mother remarried when he was 11 and his surname was legally changed to his stepfather's. He has never used the original name except as a young child and every legal document he has is in his current name. I knew he originally had a different surname but it didn't come to mind for the forms. The only place the original name is listed is on a birth certificate, which was actually amended with the new name, so it has both names. The worst part is, there's no way USCIS will even know there was a different original name except if they ask for his birth certificate at the interview and see both names there. I'm panicking thinking we'll get that far and then they'll reject him, thinking we tried to omit something. We haven't...we tried to be very up front and clear about everything. Now I'm freaking out, and I can't stand the thought of getting all the way to the interview and then having trouble because of this. I don't know what to do. Does anyone have any knowledge of whether USCIS cares about a birth name that was never used legally (except as a child), or if this is something I should try to amend right away (no clue how to do that, either...) Or, will his birth certificate even be required at the interview?

Any help or advice would be greatly appreciated. Thank you!

He'll need his birth certificate at interview. Since it won't match his other paperwork, he'll need to bring along official documentation of the name change. Since he was 11 at the time, I wouldn't anticipate any problem.

[BishopMnA 0]

That is good advice from Pushbrk.

My wife changed her first name when she was about 25 (common thing that people from Thailand do)

You'll need an official copy of the legal document change. You'll need to have it translated as well, but I assume hers will already be in English.

We actually turned in my fiancee's (now wife) official name change document along with the initial I-129f K1 packet.

She was asked about her name change at her visa interview.

She was also asked about her name change at the AOS interview, so you'll need to send along an official copy with the AOS packet as well.

It shouldn't be a problem though. My wife was easily able to answer the question, and they were satisfied.

Peace and GOOD LUCK!

MarkNAam

[Possum 0]

Thanks pushbrk and Mark for your replies. I guess my question now is, since i neglected to send in this info with the I-129, will it be sufficient for him to show it at the interview, or is there something they need to do with his name in the meantime (name checks, etc) that they might say they have to re-do with the old name? i mean, he was 11 at the time so it's not like he has a secret criminal history under that name that he would be trying to hide. but, this is the US government we're talking about! do you think they'll make a stink about the fact that it wasn't on the original paperwork and is now coming in out of the blue at the interview?? and if so, how do i go about amending it now?

thanks for your help, guys. just trying to figure out what will cause the least commotion, and the least amount of delay.

[Possum 0]

anyone? or i can call and ask USCIS, but i don't know where to call or how informative they'd be... *sigh*

[BishopMnA 0]

Thanks pushbrk and Mark for your replies. I guess my question now is, since i neglected to send in this info with the I-129, will it be sufficient for him to show it at the interview, or is there something they need to do with his name in the meantime (name checks, etc) that they might say they have to re-do with the old name? i mean, he was 11 at the time so it's not like he has a secret criminal history under that name that he would be trying to hide. but, this is the US government we're talking about! do you think they'll make a stink about the fact that it wasn't on the original paperwork and is now coming in out of the blue at the interview?? and if so, how do i go about amending it now?

thanks for your help, guys. just trying to figure out what will cause the least commotion, and the least amount of delay.

I'm not sure.

I thought that you might get an RFE for the legal name change document prior to being approved for your NA02. If that is the case, they'll mail you the RFE and you can send it in at that time and your case will continue once they receive it. This could delay your approval of the NA02 by a few weeks or so...but you'll be fine.

Then I started thinking that the USCIS is really doing the 'search' on the petitioner (USC), so they might not catch the name change for the beneficiary (Australia). If that is the case, then you'll probably just have to bring it to the Interview. I don't know if this will delay approval.

In either case, be sure to get the document. It will be asked for/reviewed, both at the K1 interview and at your AOS.

Peace,

MarkNAam