last name issues for fiance

[cjjackson01 2]

So my fiances last name is the one going on all our paperwork and is her birth name, though her parents have used another last name on things for medical, though her name was never really changed, so there is no paperwork associated with a name change nor does she use it herself. Does anyone see any issue with this at all during the process?

[IcezMan_IcezLady 582]

Your fiance should do an official name change. It is called affidavit of name change in some countries. But your fiance can't use multiple names legally. So whichever name she chooses should be sworn and changed recognized legally.

She won't have to change her old name on medical records or any record that bares her old name. She needs the official document recognizing her new name. That document should be presented at her interview and she should disclose that also when she applies for police certificate.

[cjjackson01 2]

well she only uses one name. ok i misrepresented my question a bit i think, let me just redo this to be 100 percent clear.

her last name is "kinsey" this is the name she was born with and uses, her mother remarried and happened to use the new name "michaels" on medical documents. her name is still "kinsey" and never was changed formally.

birth cirt, all her documents and passport use "kinsey" and so does our papers when we apply

im sorry but i just want to be 100 percent clear on this. this makes us nervous a bit.

she would end up wanting to keep the "kinsey name" and there is no record of it ever changing to "michaels" other than medical things, she was under 18 when her mom remarried i guess thats important too to know.

Edited March 18, 2016 by cjjackson01

[cjjackson01 2]

also, will this have any issue with our I 129f package? it says evidence of name change if name differs from any of these documents, which, idk, im very lost with all this.

[tomyka81 95]

Those are called aliases. Make sure you have the mother's marriage paperwork to explain. I have aliases because I have been married a few times. Make sure you list them all and how they came to be and make sure her police certificate lists her aliases. Shouldn't add anything but time. Now instead of them running checks on one name and its variations they will run on two and their variations.

[cjjackson01 2]

what options do we have if she is unable to get the mothers paperwork to explain? do we have to list all this on the I-129f? I mean, her and her mom havnt really spoken as of late, and may be unable to get the documents from her, i understand about the police certificate, and that makes sense, but since it was never a legal name change, how would it affect us if we didnt have the documents about the marriage? Like say,

we file the I-129f without using the other name because it is not on any of her documents, being passport, boarding passes etc when we show we met and provide our g-325a's.

she applies for the visa, it isnt on her birth certificate, but at the medical exam, some of her paperwork, if not all might have the name on it. so what would they say at that point if or the consulate interview if we were unable to get the documents but seen that name on the medical?

[cjjackson01 2]

Like the reason i ask if we really have to worry about the documents from her mom, is because on the I-129f it says this

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

so because all her documents match, not a big concern right? and nowhere else like on the london consulates page, does it ever ask for name change documents to my knowledge.

Edited March 18, 2016 by cjjackson01

[cjjackson01 2]

im sorry we are just very nervous about it because we might not be able to get the documents about her mothers marriage, what can we do? do we need to do anything? if we dont will we get denied? sorry but panick mode is sort of kicked in now

[Nich-Nick 3,354]

Like the reason i ask if we really have to worry about the documents from her mom, is because on the I-129f it says this

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

so because all her documents match, not a big concern right? and nowhere else like on the london consulates page, does it ever ask for name change documents to my knowledge.

Opinion:

I see no issue with her name. Her application, passport, and birth certificate will match. Where forms say "other names used" you can list it, but I know of no reason you would ever document or prove it. Somebody might have been known as Bubba Smith all his life, but there is no legal paperwork to prove he used Bubba as a nickname or a need to say why.

So maybe she digs out a shot record with the other last name. Chances are she is going to need new shots anyway and any baby records are often useless because you don't need to prove you had all the baby shots. That issue would be between her and Knightsbridge clinic to sort out. The consulate in London will have no issue with what a doctor record might have said. They won't be looking at her medical records. Knightsbridge Clinic will not be looking at her medical records either. They will only look at shots and you could have her clinic provide a new list from old records if she is even at the same practice where her baby shot records are.

I think you are worrying over a non-issue.

[tomyka81 95]

Seems like you already kind of have your mind made up. .... But USCIS is required to "run" any other names that they find out about in their research or documentation submitted. You may not need the documents. I always go with I would rather me tell them than for them to find out and feel like they have an "I got you" moment. Declaration removes their power in my opinion and limits their response. If the visa application asks for aliases (can't remember but I believe it does) she should put it as an alias and not a legal name change. If she technically has no legal name changes then omit it from your petition. Pay close attention to the requested items. Legal name change =no, alias =yes.

[cjjackson01 2]

Opinion:

I see no issue with her name. Her application, passport, and birth certificate will match. Where forms say "other names used" you can list it, but I know of no reason you would ever document or prove it. Somebody might have been known as Bubba Smith all his life, but there is no legal paperwork to prove he used Bubba as a nickname or a need to say why.

So maybe she digs out a shot record with the other last name. Chances are she is going to need new shots anyway and any baby records are often useless because you don't need to prove you had all the baby shots. That issue would be between her and Knightsbridge clinic to sort out. The consulate in London will have no issue with what a doctor record might have said. They won't be looking at her medical records. Knightsbridge Clinic will not be looking at her medical records either. They will only look at shots and you could have her clinic provide a new list from old records if she is even at the same practice where her baby shot records are.

I think you are worrying over a non-issue.

Thank you for your answers, and yeah Nich-Nick, I probably am worrying over nothing as usual, but if we put her other last name as other names used, do we have to provide proof of that name then? or is that only if it differs from her passport, birth certificate? She doesnt use that name at all like i said, but when she goes to the doctors, they do use it because her mom started using it after the marriage. I didnt really see an issue with it either when i spoke with her about it, but then afterward i thought, oh wait, what if that other name comes up on a medical document or form? will they want to see proof of reasons for that?

edit due to another answer whilst typing: If it is on medical documents from when she goes to the hospital and such, those are not considered legal documents and it would fall under aliases? I'm sorry that part just confuses me some because, she said there was no name change or anything, her mom just started using it for whatever reason at the doctors. but it would only matter or be a legal name change if they filed to change it and currently went by it correct?

Edited March 18, 2016 by cjjackson01

[Sev15 20]

You might be overthinking it, I'm in a similar situation in that when I was born my name was spelled incorrectly on my birth certificate and my parents had it corrected legally at a later date.

I didn't even realize this until after I got my NOA2 so the other name was never put on my i-129f and when I went to dig out my birth certificate and saw the name was different, I have all the documents to prove the change of name and all my other documents (passport etc) have always been in the correct name. So I'll just add the other name on my online application for the embassy interview and explain it when I go in for my interview. I don't think it's a huge problem, name corrections are fairly common and you are applying in the UK, it's a low fraud embassy and you shouldn't run into any problems.

Edited March 18, 2016 by Sev15

[cjjackson01 2]

You might be overthinking it, I'm in a similar situation in that when I was born my name was spelled incorrectly on my birth certificate and my parents had it corrected legally at a later date.

I didn't even realize this until after I got my NOA2 so the other name was never put on my i-129f and when I went to dig out my birth certificate and saw the name was different, I have all the documents to prove the change of name and all my other documents (passport etc) have always been in the correct name. So I'll just add the other name on my online application for the embassy interview and explain it when I go in for my interview. I don't think it's a huge problem, name corrections are fairly common and you are applying in the UK, it's a low fraud embassy and you shouldn't run into any problems.

it wasnt so much an incorrect name, as much as it was her mom has been using it since she got married is all, but it was never legally petitioned to be changed either.

Edited March 18, 2016 by cjjackson01

[Nich-Nick 3,354]

Thank you for your answers, and yeah Nich-Nick, I probably am worrying over nothing as usual, but if we put her other last name as other names used, do we have to provide proof of that name then?

I already said no. Why do always want me to repeat my answers? I think it was clear what I think.

"..... but I know of no reason you would ever document or prove it. Somebody might have been known as Bubba Smith all his life, but there is no legal paperwork to prove he used Bubba as a nickname or a need to say why."

Stop and think a minute. When would somebody need to prove they had their name changed?

[Harmonia 211]

You're overthinking it. List it as an other name used. That's it. What are you trying to prove? That her mom got married and used another name on medical records? You're self-reporting the other name. You don't need to "prove" it. Just use her legal name on her documents, and you're fine.