Difference in Name on Passport and Birth Certificate

[Stroopwaffel 0]

So my husband and I are looking to file for Adjustment of Status, but we've run into a problem - we just received his Birth Certificate and found that the name in his BC does not match the name on his passport. His mother has stated that she had his name changed when he was 4, and a lawyer told her that a legal name change was not necessary because he was so young, so she could just start using the new last name, which is what happened. He was eventually able to get a passport with the new last name when he was a child, and has been renewing it since then with no issues.

To track the history of his name within the family, we have the following documents:

-My husband's birth certificate

-His mother's marriage certificate to his birth father

-His mother's marriage certificate to her next husband (the name he ended up taking when he was 4)

-His mother's paperwork showing her own legal name change by deed poll (her first name on his birth certificate is just a first initial) - this document only shows a first name change, not a last name.

-My husband's vaccination record (which has his original name, with the last name crossed out and his current last name written next to it)

-My husband's passport with current name

I know that on the instructions for the I-130 it states what documents are needed to overcome this (a marriage certificate, adoption decree, or court order). It also states, "In such a situation, submit a statement from the appropriate civil authority certifying that the document or documents are not available". Does this mean we need to get a record from EACH of the places that supplies these records? In the UK, the General Register Office handles marriage, birth, and death certificates, but not adoption or court records. Would the statement from the GRO alone be sufficient? We will also be submitting affidavits and possible a copy of his school record, in compliance with the I-130 instructions for evidence secondary to the statement. If it helps, we'd also like to send in copies of the above documents as well, but I'm wary about giving USCIS more than they ask for.

We desperately want to try and do this all without a lawyer, since we have the paperwork straight and have seen it done on Visa Journey before. Does this seem too complicated to go it alone? In addition, we got married on May 30th, and his visa waiver expired on June 9th (two days ago) - does this complicate things further? I know that once you get married you enter a sort of "limbo" where you're not tied to the visa waiver, but you don't have any official status until paperwork is filed. We want to get all this filed as soon as possible to avoid this limbo, but we don't want to miss anything crucial as well.

Any advice is appreciated greatly! If it helps, my husband is originally from the UK, so if anyone know what exact offices handle the adoption and court records for England that could be a big help as well. Thank you thank you thank you!!

[bigdog 376]

You used all his evidence to get this far, ? why do oyou think you will have a issue now. I would submitt a letter from the GRO if youi think you need it. He was already approved and accepted the way his name read as it was, seems like an easy explanation. You could pay for a consultation with an attorney and see what they say or go in for an info pass appointment and take your documents. At AOS file the paperwork as you want his name and list the AKA's.