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Hi fellow VJers! I need some assistance/advice in how I should handle this with regards to the K-1 visa. I am the USC petitioner.

Background info:

My fiancé, from Africa, has 2 birth certificates with different names and DOBs. When my fiance was younger and his parents were still married he had his original correct birth certificate listing his name and date of birth. This original birth certificate listed him taking after his fathers' surname (i.e. John Smith, son of Matthew Smith).

A few years later his father decided to take another wife and my fiancé's mother didn't exactly like that so she divorced him (can you blame her lol?). After the divorce, I guess out of anger my fiancé's mother decided to make a new birth certificate and change both my fiancés name, the name of the father listed on the birth certificate and the date of birth (i.e. It now says John Jones son of Christopher Jones instead of the original John Smith/Matthew Smith combination). The father took

My fiancé was very young when this happened and he has only used the birth certificate with his current name (John Smith in the example above) for all of his school records, national identity card and passport. He essentially only used 1 identity his whole life.

My questions are:

1) Do we even need to disclose that somewhere there is another birth certificate listing another name for my fiancé, even though he doesn't use the original name at all?

2) My fiancé doesn't have a physical copy of that birth certificate since after the divorce drama his birth father took it back. Do we somehow need to get a copy of the original birth certificate? This is not the same easy (relatively) procedures as in the US, so it's going to take some time if it's possible at all.

3) We didn't put his original name (John Smith in my above example) on the I-129f petition since it really didn't occur to us to include it, but in going thru the questions asked on the DS 160 (regarding alias etc,) we're now wondering if we should put his original name as an alias or if that's unnecessary since he's never used it.

Thanks in advance for your help!

Filed: Citizen (apr) Country: Nigeria
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Posted

Hi fellow VJers! I need some assistance/advice in how I should handle this with regards to the K-1 visa. I am the USC petitioner.

Background info:

My fiancé, from Africa, has 2 birth certificates with different names and DOBs. When my fiance was younger and his parents were still married he had his original correct birth certificate listing his name and date of birth. This original birth certificate listed him taking after his fathers' surname (i.e. John Smith, son of Matthew Smith).

A few years later his father decided to take another wife and my fiancé's mother didn't exactly like that so she divorced him (can you blame her lol?). After the divorce, I guess out of anger my fiancé's mother decided to make a new birth certificate and change both my fiancés name, the name of the father listed on the birth certificate and the date of birth (i.e. It now says John Jones son of Christopher Jones instead of the original John Smith/Matthew Smith combination). The father took

My fiancé was very young when this happened and he has only used the birth certificate with his current name (John Smith in the example above) for all of his school records, national identity card and passport. He essentially only used 1 identity his whole life.

My questions are:

1) Do we even need to disclose that somewhere there is another birth certificate listing another name for my fiancé, even though he doesn't use the original name at all?

2) My fiancé doesn't have a physical copy of that birth certificate since after the divorce drama his birth father took it back. Do we somehow need to get a copy of the original birth certificate? This is not the same easy (relatively) procedures as in the US, so it's going to take some time if it's possible at all.

3) We didn't put his original name (John Smith in my above example) on the I-129f petition since it really didn't occur to us to include it, but in going thru the questions asked on the DS 160 (regarding alias etc,) we're now wondering if we should put his original name as an alias or if that's unnecessary since he's never used it.

Thanks in advance for your help!

She changed the birth certificate so you will need both for interview and really explain this one.

Also the alias should have been listed. It ask for other names you are called by or something like that and you need to list them all. Regardless if you ever went by it. The birth certificate change is his new name.

Like my husbands family decided 4 years ago to change their Nigerian last name. Everything was change. He had new Birth certificate, had to get new passport. But family name previous was listed because that is another name is is known by. Heck for 31 years of his life.

So you need to fix that on Ds-160 and for interview bring in a updated I-129F with info.

Do not be surprised to be put in AP while they investigate this.

I would also get a notarized affidavit from mum attesting to changing the Birth Certificate and why. Maybe dad too saying he took it. Will be interesting to see what actually is on file.

Wish you all the best.

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  • 5 months later...
Posted

She changed the birth certificate so you will need both for interview and really explain this one.

Also the alias should have been listed. It ask for other names you are called by or something like that and you need to list them all. Regardless if you ever went by it. The birth certificate change is his new name.

Like my husbands family decided 4 years ago to change their Nigerian last name. Everything was change. He had new Birth certificate, had to get new passport. But family name previous was listed because that is another name is is known by. Heck for 31 years of his life.

So you need to fix that on Ds-160 and for interview bring in a updated I-129F with info.

Do not be surprised to be put in AP while they investigate this.

I would also get a notarized affidavit from mum attesting to changing the Birth Certificate and why. Maybe dad too saying he took it. Will be interesting to see what actually is on file.

Wish you all the best.

Ok so to update. After all these years father seems to have lost the original birth certificate. We checked with the records office where he's from and there is NO birth certificate on file for him at all. Seems that neither of them are there. What a mess!!

We really don't know what to do at this point. Any advice or help is appreciated.

-Should we go about getting the birth certificate he uses now put into record (this is a process through the courts)?

-There are no records of the 1st birth certificate, so should we volunteer this information? We don't even have a copy of it and obviously cannot get another one...

 
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