EAD Error

[Alex&Mari 0]

Hi all,

My husband sent his AOS application along with EAD in early March, 2012. He got EAD approved in 54 days but the card has an error. The card has just the initial of his middle name and one last name instead of his full name as his Birth Certificate states. For that, SSA can not give him a security social number until the EAD card shows his full name. We sent back the EAD card, with a explanation letter and supporting documents as birth certificate, copy of passport and Marriage certificate (In all documents his full name is present). USCIS wrote back today and sent back the card without corrections and said is not their fault and we need to apply again form I-765 and pay the fee... :s I don't know what to think. Why the ask for supporting documents if the even not look at them.

I was reading in the instruction and in here, that when you apply I-485 at the same time, the I-765 is free. Today, I got an infopass appointment for tomorrow. I need to talk with an immigration officer who can help us as I can see that by phone or mail nothing we can do.

My other concern is that the I-485 form also ask for one last name and in my husband's case the card need to have both like its birth certificate.

What we can expect in this appointment?

Please, vjers, I need your advice:

----What information do I need to bring to the infopass to get his name change and demonstrate that we don't have to spend more money?

----I got copies of everything: $1,070 cheque fee, all notice 797C of I-485 and I-765, Birth and Marriage Certificate, passport, I-94

----EAD card

Thanks in advance for all your help.

[ceadsearc 516]

Did you write both names on the form, or just one?

If you wrote both on the forms, USCIS made a mistake and they should realize that at the Infopass and help you fix it free.

If you wrote one, that was your mistake and that is how your cards will all come.

[Alex&Mari 0]

Did you write both names on the form, or just one?

If you wrote both on the forms, USCIS made a mistake and they should realize that at the Infopass and help you fix it free.

If you wrote one, that was your mistake and that is how your cards will all come.

Thanks for your reply. I just follow the instructions in the application, it ask for one name I did it that way. As you said, maybe was my mistake, but why they ask for birth certificate and others documents that shows always his full name? We didn't know the card is made only by looking the application. The application shows a place to put first name, middle name and last name. Maybe we put one last name because he did not know where to put the other, but they did not even write his middle name. I'm sure they know that the name in the card needs to be identical as his birth certificate. I know I read in here that even it's my mistake should not pay again. Here's the link:

http://www.visajourney.com/forums/topic/351239-typo-disaster-again/

So,ceadsearc, there's nothing we can do if was our mistake? He can send a letter to California in where his I-485 is and explain about the name? Are you telling me that we need to pay the whole fee again? :s

I hope tomorrow we can fix it. Thanks,

Edited June 12, 2012 by Alex&Mari

[ceadsearc 516]

I would ask at the Infopass appointment - they may be able to fix it. (They should definitely be able to fix it for the Green Card if it hasn't already been issued.) It's a bit confusing with the names, since it only leaves room for one name but as you know people with Spanish names have two last names (we just wrote both last names in the "last name" spot). The thing is, some people change their name with marriage (usually the woman, but not always), so USCIS may have been confused about the names. I've also seen a couple of cases here where someone has simply dropped their second last name in the AOS process, although I don't think it's SUPPOSED to happen without a legal name change. So, to summarize, what it sounds like to me is that you filled out the form incorrectly and USCIS didn't double check their facts.

I think speaking to someone face to face will be the easiest way to take care of it, so they can look over everything with you and figure out exactly what happened.

[Harpa Timsah 13,258]

If you filled out the forms in the incorrect name, then I agree it is your error, a very honest one, for sure. I agree with the above that INFOPASS is the only recourse. You'll need to ask them about the current EAD and about the SSN, and also, about the pending Greencard (most important).

I might try the SSA again as well... a birth certificate shouldn't be a part of a SS application. I am confused on that bit.

[Alex&Mari 0]

If you filled out the forms in the incorrect name, then I agree it is your error, a very honest one, for sure. I agree with the above that INFOPASS is the only recourse. You'll need to ask them about the current EAD and about the SSN, and also, about the pending Greencard (most important).

I might try the SSA again as well... a birth certificate shouldn't be a part of a SS application. I am confused on that bit.

Thanks for your quick reply. As ceadsearc said is a lot of confusion in Spanish names. In the I-129 we write only one last name and his visa was made with his two names like his passport and his Birth certificate. I believe that's the purpose of those documents to verify the name and other information. But it is our mistake to don't write in the same space both last names for just follow the instructions of Last name. But not was my mistake to write just the initial of his middle name, I wrote it Alejandro and the card has only an "A" (their fault). And I noted now, that his I-797C of his AOS doesn't show his second last name. So, maybe the same thing can occurs.

Well, the SSA does not give him a number because according to them the EAD must show the name as it appears identical in all other documents like in passport and birth certificate. They ask for full name, both names and two last names, if not, NO SSN, then No job. SSA told us to request USCIS a correct card.

Thanks, again. Maybe, tomorrow infopass could be our best shot.

[KayDeeCee 4,892]

Thanks for your quick reply. As ceadsearc said is a lot of confusion in Spanish names. In the I-129 we write only one last name and his visa was made with his two names like his passport and his Birth certificate. I believe that's the purpose of those documents to verify the name and other information. But it is our mistake to don't write in the same space both last names for just follow the instructions of Last name. But not was my mistake to write just the initial of his middle name, I wrote it Alejandro and the card has only an "A" (their fault). And I noted now, that his I-797C of his AOS doesn't show his second last name. So, maybe the same thing can occurs.

Well, the SSA does not give him a number because according to them the EAD must show the name as it appears identical in all other documents like in passport and birth certificate. They ask for full name, both names and two last names, if not, NO SSN, then No job. SSA told us to request USCIS a correct card.

Thanks, again. Maybe, tomorrow infopass could be our best shot.

I hope they can help you sort it out and get his green card to come with both names. Just remember, if it is for a legal identity document of some sort, always put his name exactly as it is, with both last names. Most forms won't have a place or ask for 2 last names, just one. My husband also has 2 last names. We always just put them both in the space for the last name (family name). Sometimes we put 2 spaces between them to make sure they know it is 2 separate last names. A lot of the forms and computer programs are not set up for 2 last names here in the US, and we have run into a few situations where people seem not to understand what to do (even though it is not that hard). We have had a couple places hyphenate our last names, and we have to deal with correcting them. The US is definitely not geared towards people having more than one last name. Good luck at your appointment!

[Joe&Claudia 7]

Please let us know how your appointment went. I am interested as I also did the same with my two stepchildren, though at the biometric appointment they told me to call the help line to have the second last name added, which they were able to do. I recieved case update emails later that day.

[Gosia & Tito 199]

Thanks for your reply. I just follow the instructions in the application, it ask for one name I did it that way. As you said, maybe was my mistake, but why they ask for birth certificate and others documents that shows always his full name? We didn't know the card is made only by looking the application. The application shows a place to put first name, middle name and last name. Maybe we put one last name because he did not know where to put the other, but they did not even write his middle name. I'm sure they know that the name in the card needs to be identical as his birth certificate. I know I read in here that even it's my mistake should not pay again. Here's the link:

http://www.visajourney.com/forums/topic/351239-typo-disaster-again/

So,ceadsearc, there's nothing we can do if was our mistake? He can send a letter to California in where his I-485 is and explain about the name? Are you telling me that we need to pay the whole fee again? :s

I hope tomorrow we can fix it. Thanks,

Generally, most computer systems here are not equiped to deal with foreign names: 2-3 first names, 2 last names; no middle name; composed last names; long first names, last names; names like 'Flor de Maria' -this is ONE name, not two-; foreign characters: ñ, ç, ø, å, ž ; accents: á, é, ê, etc.; but it should not really matter. While in the US, use the documents issued here, while in his country use those issued there. FYI, when he files for citizenship, he can also legally change his name to whichever he wants (for free).

Yes, the first question would be: What if when coming back to country, his passport does not match green card/AP? Not a problem, the inspector at the POE has all the info at his/her fingerprints. Not a problem, I know/experience this first hand. It is no much different than a wife changing her name to husbands and not changing her passport.

If there is a special reason (and it could just be that he wants his name as born; and that is good enough for many); then proceed with Infopass, but really, there is no problem.

[ceadsearc 516]

The issue they are having is that the documents aren't matching up and so Social Security is refusing to issue a social. I have also seen cases here where someone tries to drop one last name w/o a legal name change and the DMV adds back the second one when obtaining a license. It can get complicated with documents in various names since USCIS isn't supposed to change the name during the process without a legal name change. I would try to get it straightened out for that reason; they can drop a name if they wish during naturalization.

[Alex&Mari 0]

Hi all vjers, we appreciate all your replies.

We went to the appointment one hour early and we waited like two hours. The officer was very friendly. We asked for information on:

--- How to correct the EAD card

--- How to make sure his last names are well to avoid the same thing in the green card

--- How to deal with the Social Security Office

The answers were:

--- The card can only be corrected with both names, refilling and paying the application and wait again more than 50 days to be received. Although the error was half mine and half of them, not to locate the last name, they do not really see anything wrong with the card. They say it is functional. The officer frowned when I explained that the SSA is not accepted that. She did something on the computer and told me to go again tomorrow to SSA and request a number.

--- She made a report as it will upgrade the system to avoid problems with the green card, still time to intervene because it has not yet been approved. Regarding this, she told me shouldn't worry because when we go to interview they can make corrections at the moment. But I said that because not all passed through the interview process, I had to make sure that the name was correct. She made another report, printed a sheet and told me that sheet would be sent to the case in California. That soon must be a "touched" or a change in the case status of the I-485.

Before concluding, she said: "Better apply the I-912 to avoid paying the EAD and I-131, too." Apparently, the officer saw unnecessary afford to another card when this is a functional card for everything but the SSA. He said it was a stubbornness on their part and some people are not been able to obtain a social security number until received the green card because of SSA. But I'm not sure to apply for a fee waiver, the EAD card and the green card could reach about the same time and the EAD card would be invalid. We are focusing now that the green card come without errors, more than anything.

What do you think I should do?

While last night, I wrote to my Congressman about our situation and an hour ago I received a call from his office. He said almost the same, to fill the I-912 if we decided to do it again, but to call him tomorrow if the SSA refuses to give a number. Kindly, told me they were at my service. It's election year?

In summary I can say that this day was half good and half not so good. The card can not be corrected, not so much because not a last name and middle name, but because they see that's okay. Tomorrow we go to SSA and to see what happens. To be continued...

[Alex&Mari 0]

Please let us know how your appointment went. I am interested as I also did the same with my two stepchildren, though at the biometric appointment they told me to call the help line to have the second last name added, which they were able to do. I recieved case update emails later that day.

I called many times and they always assured me the name was changed, but wasn't the case. I hope it worked for you.

[VanessaTony 3,567]

Go to the SSA and apply for an EAD again. She probably checked/fixed the SSN system.

[Harpa Timsah 13,258]

Sounds like good news and good info, much as I suspected. Worst case is that you get the GC with new name and then can get a SSN, but as the officer said, you should be able to get one with this EAD. Try again at SSA, ask for a supervisor, and remain calm. Good luck!

[Alex&Mari 0]

Hi dear vjers,

An update:

Well, once again we went to the SSA and this time we speak with and old but very nice lady and finally they gave him the social security number. We were told that within ten days will arrived in the mail. We are happy. Definitely infopass visit paid off. My husband doesn't have to change the EAD card and can be used without problems. So, no spending more money, no filling I-912.

It was a good day. The expression of my husband's face is priceless. Thanks to God and everyone here.