Name Discrepancy RFE: Kindly Advise

[limboptimistic 1]

Hello,

We submitted the I-485 along with I-131 and I-765 for processing about 3 months after we were married, and just received an RFE stating: "There is a discrepancy between Service Records and the application as to your last name. Service Records indicates your last name as WIFE'S MAIDEN NAME. Your I-485, I-131 and I-765 has your last name as HUSBAND'S SURNAME. Please explain and provide supporting documentation".

My wife changed her surname to my name and was issued a Social Security Card with my surname. Her name on our apartment lease also shows my surname. Contrary to popular belief, there is no legal name change process that must occur if a spouse wants to change his/her name upon marriage, unless one is taking on a totally different name. But USCIS is now flagging our application because their "Service Records", i.e., I-94, her passport, etc, are showing her maiden name. As you know, it's more complicated to change a passport, and the I-94 is going to reflect her legal name before we married. The only documents USCIS has showing her intent to use my surname is a copy of the Social Security card and a copy of the lease where we live. I called an Immigration Officer and was informed that submitting a new I-131 to replace one that had erroneous information would accrue a whole new processing fee, in this case $500. We refuse to go that direction since we already paid the fees and consider this a failure by USCIS to recognize or acknowledge my wife's right to use my surname.

What additional supporting documentation would be suitable to satisfy USCIS? I was thinking the best option is to get a state-ID and opening a bank account with her new name. Any other ideas or what other options do you guys suggest? We're really desperate to get the I-131 (Advanced Parole), as we have a volatile situation in her country. Thank you.

Regards

[Cody and Daisy 373]

So you applied for AOS in her new married name.

Which is what the larger number of Us does.

And they want proof of her maiden name? Because that's the name on the I-94 and passport etc.

This seems very strange that it's flagged for something most people submit and do.

I'm not quiet sure I understand the problem uscis are having with you.

But I'd love to know how you got social security to change your wife's last name without the EAD or Green card.

Ps- may seem a silly question but your wife did state her maiden name in "other names used" correct?

Edited June 17, 2015 by Cody and Daisy

[_Paul&Jesica_ 70]

Hello,

We submitted the I-485 along with I-131 and I-765 for processing about 3 months after we were married, and just received an RFE stating: "There is a discrepancy between Service Records and the application as to your last name. Service Records indicates your last name as WIFE'S MAIDEN NAME. Your I-485, I-131 and I-765 has your last name as HUSBAND'S SURNAME. Please explain and provide supporting documentation".

My wife changed her surname to my name and was issued a Social Security Card with my surname. Her name on our apartment lease also shows my surname. Contrary to popular belief, there is no legal name change process that must occur if a spouse wants to change his/her name upon marriage, unless one is taking on a totally different name. But USCIS is now flagging our application because their "Service Records", i.e., I-94, her passport, etc, are showing her maiden name. As you know, it's more complicated to change a passport, and the I-94 is going to reflect her legal name before we married. The only documents USCIS has showing her intent to use my surname is a copy of the Social Security card and a copy of the lease where we live. I called an Immigration Officer and was informed that submitting a new I-131 to replace one that had erroneous information would accrue a whole new processing fee, in this case $500. We refuse to go that direction since we already paid the fees and consider this a failure by USCIS to recognize or acknowledge my wife's right to use my surname.

What additional supporting documentation would be suitable to satisfy USCIS? I was thinking the best option is to get a state-ID and opening a bank account with her new name. Any other ideas or what other options do you guys suggest? We're really desperate to get the I-131 (Advanced Parole), as we have a volatile situation in her country. Thank you.

Regards

Is it possible that you didn't send in a certified copy of the marriage certificate/license? Or maybe they lost it?

[Ebunoluwa 6,136]

I would get a state ID and re submit a certified marriage certificate and the SSN with a cover letter that explains the name change.

Perhaps make an infopass to try to get more details, this is odd. Did she enter her maiden name under 'other names used' ?

[limboptimistic 1]

So you applied for AOS in her new married name.

Which is what the larger number of Us does.

And they want proof of her maiden name? Because that's the name on the I-94 and passport etc.

That's correct. We applied for AOS using her married name, as the application was submitted nearly 3 months after our wedding and long after we already received her Social Security card with my surname. They want some "explanation and supporting documentation" for the reason why her I-94, passport and other "Service Records" do not match the applications (I-485, I-131, I-765) we filed using her new name.

This seems very strange that it's flagged for something most people submit and do.

It's mind-boggling and exasperating, because she's clearly taking as her legal name my surname and USCIS is refusing to accept this. Now the burden of proof is on us to explain this discrepancy, but I have no idea why it's necessary or what might satisfy them.

I'm not quiet sure I understand the problem uscis are having with you.

But I'd love to know how you got social security to change your wife's last name without the EAD or Green card.

All that's needed to obtain a SS card with a different name is a certified copy of your marriage license.

Ps- may seem a silly question but your wife did state her maiden name in "other names used" correct?

We did not put anything in any box on any application pertaining to "other names used", primarily b/c once she decides to change her name, that becomes the name for all purposes going forward, so she wouldn't be "using" a different name for any purpose. It's not rocket science to make the connection between her maiden and married name and proceed with processing, but stories of inexplicable RFEs and errors by USCIS abound.

[limboptimistic 1]

Is it possible that you didn't send in a certified copy of the marriage certificate/license? Or maybe they lost it?

We received two certified copies of our marriage certificate and one was submitted with the I-485. It's just frustrating, or maybe infuriating is the right word. We pay their salaries and fund the operations with the exorbitant fees they charge, yet the system works against us with exceptional inefficiency, i.e., you can't simply use 19th and 20th century technology like telephones and email to resolve problems. Now we get penalized with additional delays when it should have never come to this. I called several immigration officers and they were unable to provide any effective course of action. The only thing they offered was writing them and requesting additional clarification.

[Ebunoluwa 6,136]

silly question but your wife did state her maiden name in "other names used" correct?

We did not put anything in any box on any application pertaining to "other names used", primarily b/c once she decides to change her name, that becomes the name for all purposes going forward, so she wouldn't be "using" a different name for any purpose. It's not rocket science to make the connection between her maiden and married name and proceed with processing, but stories of inexplicable RFEs and errors by USCIS abound.

You must put her maiden name in the forms, it is asking you if she has ever used other names (in the past), it is not about using them going forward.

[Ebunoluwa 6,136]

We received two certified copies of our marriage certificate and one was submitted with the I-485. It's just frustrating, or maybe infuriating is the right word. We pay their salaries and fund the operations with the exorbitant fees they charge, yet the system works against us with exceptional inefficiency, i.e., you can't simply use 19th and 20th century technology like telephones and email to resolve problems. Now we get penalized with additional delays when it should have never come to this. I called several immigration officers and they were unable to provide any effective course of action. The only thing they offered was writing them and requesting additional clarification.

I agree, we are currently scratching out heads, consulting CPA'a and an attorney for a ridiculous RFE. The CPA couldn't believe

we can't just call or email for clarification.......no we are required to read their little minds.

[limboptimistic 1]

I would get a state ID and re submit a certified marriage certificate and the SSN with a cover letter that explains the name change.

Perhaps make an infopass to try to get more details, this is odd. Did she enter her maiden name under 'other names used' ?

I think you're right. We will have to submit again, some of the same documents and a few others. What we refuse to do is pay any additional fees. I thought about changing her name back to her maiden name on I-485, I-131 and I-765 and re-submitting, but I'm under the impression from an immigration officer this would result in additional fees.

Did she enter her maiden name under 'other names used' ?

We didn't include this, mainly b/c when someone takes on a new name any previous names cease to be used, but I presume it would be applicable for previous names used and ongoing use of her passport, which is much more difficult to change and will continue being used. I don't expect this omission would necessitate a whole application being submitted.

[limboptimistic 1]

You must put her maiden name in the forms, it is asking you if she has ever used other names (in the past), it is not about using them going forward.

So what's the alternative at this point? Go back and resubmit all applications with her maiden name? Submit additional documents such as state-issued ID and bank account in her new name along with copy of SS card, marriage certificate and explanation? Not sure how to proceed.

Thanks

[Ebunoluwa 6,136]

I think you're right. We will have to submit again, some of the same documents and a few others. What we refuse to do is pay any additional fees. I thought about changing her name back to her maiden name on I-485, I-131 and I-765 and re-submitting, but I'm under the impression from an immigration officer this would result in additional fees.

We didn't include this, mainly b/c when someone takes on a new name any previous names cease to be used, but I presume it would be applicable for previous names used and ongoing use of her passport, which is much more difficult to change and will continue being used. I don't expect this omission would necessitate a whole application being submitted.

Other names used = as in the past even though it will never be used again, it just means what was her previous name(s) that she has ever used.

[Ebunoluwa 6,136]

So what's the alternative at this point? Go back and resubmit all applications with her maiden name? Submit additional documents such as state-issued ID and bank account in her new name along with copy of SS card, marriage certificate and explanation? Not sure how to proceed.

Thanks

Try a free phone consult with an immigration attorney or make an infopass.

I would submit state ID, bank account, SSN, certified marriage certificate and a cover letter explaining that her maiden name is _______

and her married name is __________ and the marriage cert, SSN and state ID are the evidence that she took your last name.

Then write that if still unclear to please send a detailed specific RFE so you can rectify the situation.

[Stevephoto 224]

Try a free phone consult with an immigration attorney or make an infopass.

I would submit state ID, bank account, SSN, certified marriage certificate and a cover letter explaining that her maiden name is _______

and her married name is __________ and the marriage cert, SSN and state ID are the evidence that she took your last name.

Then write that if still unclear to please send a detailed specific RFE so you can rectify the situation.

I agree...the Infopass seems like the best option...at least you will talk face to face with someone and show them your evidence directly. Good luck.

[Cody and Daisy 373]

OP- just an clarify, I only asked about the name change on SS because I just like many many many others has trouble trying to change, they told us we needed a government proof of new name (ie- the EAD or green card) because it was still our maiden name on the system and therefore they couldn't change it.

They don't accept just the marriage certificate.

So I always ask those that seem to do it with no issue when the majority of us have huge issues.

Edited June 18, 2015 by Cody and Daisy

[limboptimistic 1]

If has come to my attention that the reason I received the RFEs mentioned above was that USCIS cannot accept one set of documents, i.e, marriage certificate, Social Security card, copy of passport, for three different applications. I submitted the I-485 along with the I-131 and I-765. I followed the guide provided on this website, and there was no mention of making separate copies for each application, but this explanation does have merit, because we used my surname on the I-485 and did not receive on RFE for that application. This would suggest that each application is a separate entity and perhaps even handled by a different department/person. I'm going to resubmit both RFEs along with paperwork affirming her name change and hopefully that's sufficient. Anyone else have any thoughts on this or perhaps some experience?

Thank you.