Jump to content
WorriedInEngland

I-130: Middle name spelled differently on US passport and UK marriage certificate!?

21 posts in this topic

Recommended Posts

Hi there,

I am a dual UK/US citizen living in the UK. I am marrying an EU citizen in the UK in just under 2 months. I would like to file a I-130 petition for my new husband as soon as we are married but I have a potential problem.

My middle name is spelt very slightly differently on my US and UK passports and as we are living and will marry in the UK, my name on the marriage certificate will be taken from my UK passport. To give an idea of the difference in spelling it is like having Catherine on my US passport and Catharine on my UK passport (these are not my real names). The spelling has always been different due to one of my folks making a mistake when applying for my UK passport when I was a baby, and I never bothered to change it.

I have heard how strict USCIS can be and I am wondering if anyone knows how big of a problem I should expect this to be! If it is relevant I have tons of official documents with my full UK name (bank statements, degree certificate, mortgage) and some with my US name (mainly my passport, old passports, birth certificate) so I think I can easily prove that both names belong to me...

Thanks so much in advance for anybody's $0.02 on this.

Share this post


Link to post
Share on other sites

I would advice you to fix the name before filing. USCIS will probably want all names to confirm each other. I guess you will have to go to a court or vital records office and see how you have to start your process.

Share this post


Link to post
Share on other sites

Why don't you apply for a name change in your UK passport and get it right before you get a second document with a wrong spelling?

There are expedited services available. https://www.gov.uk/get-a-passport-urgently

Name change info here https://www.gov.uk/changing-passport-information/minor-name-changes

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

Thanks very much all but the area in which we live requires us to register our marriage 28 days in advance of the wedding and as I am abroad for another week this does not leave time for me to change my name by deed poll, then get a new passport on fast track, and then allow 28 days notice...

Any other ideas of how to fix this would be greatly appreciated. What about change the name on my US passport instead? I am not sure how easy this would be. If it is important, when i last lived in the US it was in Massachusetts.

Thanks!

Share this post


Link to post
Share on other sites

To change you US passport you'd have to apply in court to change your birth certificate. How you go about this depends on the state in which you live. As you do not live in the US, I would think fixing the issue in the UK would be better. Either do it now, or do EVERYTHING before sending the I-130?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I think the following from the London US embassy page may apply to me but only if they accept UK versions of the documents, e.g. UK passport, UK drivers license, etc - I cannot tell whether the documents they request are supposed to be from the US?

Change of Name Through Usage

An applicant may obtain a U.S. passport in a new name provided he/she has been known exclusively by that name for at least five years. The applicant must submit at least three public documents that show exclusive usage of the name for at least five years including one government issued ID with photograph. Acceptable documents include but are not limited to:

Drivers License

Non-Driver State Issued ID

Employment Records

Tax Records

School Records

Census Records

Hospital Birth Record

Baptismal Certificate

Medical Card/Records

Foreign Passport

Military Records

The applicant must submit their application in person at the Embassy and should follow the instructions on this page.

Edited by WorriedInEngland

Share this post


Link to post
Share on other sites

Since you will need your US passport or birth certificate to prove who you are for the I-130, this sounds like a very viable manner in which to change your US passport so that everything correlates with your UK name.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Before I run off though, have you been filing taxes with the US? As a US citizen you are required to file US taxes every year you make over the threshold to file. There is a foreign income exclusion form (form 2555) that will make it so you don't have to pay taxes on anything under about $97k if you qualify. But you still have to file.

This is something you'll want to do before you get to the affidavit of support during the NVC part of the process.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Thanks NLR! I have been living in the UK under my UK name for more than 5 years so can easily prove I am also known by this name. I will try applying for the name change this way. Cheers!

Why not just fill out your I-130 forms in the name on your birth certificate? Mary Catherine Smith. That will be your proof that you are a U.S. Citizen and are eligible to petition.

And where a form asks for other names used write Mary Catharine Smith. You have claimed both names and there shouldn't be a problem with that.

Also a minor middle name change to a UK passport does not require a deed poll. It is correcting a mistake. Show them your birth certificate or US passport, which you must send in photocopy anyway when you are dual national. You can start the application online today.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

NLR - funny you should ask; no I am not up to date (I did not realise I should have been filing since age 18!). I have contacted some US tax attorneys in London to help me sort this out. I was a full time student paying no tax until 2014 and have been working since (under the taxable limit for the IRS perspective), so I am hoping it should not be too tough to sort out. Thanks for pointing out that I need to sort this before filing an I-130!

Nich-Nick, thank you! My birth certificate matches my US passport, and if they accept that I go by both names (as evidenced by my UK passport I suppose) that would make everything easy! I think I can make a minor change to my UK passport as you say but I believe I cannot do this in time to re-register my marriage in my corrected name by the 28 day deadline before the wedding. As well as that this will mean various important UK documents will no longer match my UK passport (I am thinking particularly of my degree certificate), and I am not sure how much of a problem this would be...

I have also emailed the USCIS London Field Office for a verdict on whether this is a problem (I may also try to call them as they open for public calls for 2 hours a week).

Finally the local council where we will get married have said it MAY be possible on the marriage certificate to write: "Mary Catharine Smith (also known as Mary Catherine Smith)", which might in itself solve the problem if they can indeed do this?

Thanks again everyone!!

Share this post


Link to post
Share on other sites

You don't need it sorted before the I-130, just before the NVC stage.

To give you an idea of the flow of everything read here:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×