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Filed: Timeline
Posted

I am afraid my non-US citizen wife and I made a foolish mistake when we were married.

She is Russian, and her first name as it appears on her birth certificate and Russian passport is "Nelli". We Americanized the spelling of her name and used "Nelly" on the marriage license and marriage certificate. (We made this change reasoning that "Nelli" and "Nelly" are identical names, the last letter differing only because of different transliterations of the Russian to English. We preferred "Nelly" thinking it would avoid spelling issues in the future.)

Now we are preparing to apply for AOS. We prefer to file the application as "Nelly" with her new surname (my last name), so the green card would have the preferred spelling of her name. "Nelli" would appear on her passport and birth certificate, while "Nelly" would appear on the marriage certificate.

The question is, have we created a problem by creating this name discrepancy? Would USCIS see this for what it is -- a valid transliteration of the same Russian name, or would they reject the application out of hand? If the latter is likely, is it possible to change the spelling of her name on the marriage certificate? If so, is this a lengthy and involved process? (We live in the state of Georgia.)

Thanks in advance for your help.

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

I would get the name on the marriage certificate corrected to avoid any future issues.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: Citizen (pnd) Country: India
Timeline
Posted

I am afraid my non-US citizen wife and I made a foolish mistake when we were married.

She is Russian, and her first name as it appears on her birth certificate and Russian passport is "Nelli". We Americanized the spelling of her name and used "Nelly" on the marriage license and marriage certificate. (We made this change reasoning that "Nelli" and "Nelly" are identical names, the last letter differing only because of different transliterations of the Russian to English. We preferred "Nelly" thinking it would avoid spelling issues in the future.)

Now we are preparing to apply for AOS. We prefer to file the application as "Nelly" with her new surname (my last name), so the green card would have the preferred spelling of her name. "Nelli" would appear on her passport and birth certificate, while "Nelly" would appear on the marriage certificate.

The question is, have we created a problem by creating this name discrepancy? Would USCIS see this for what it is -- a valid transliteration of the same Russian name, or would they reject the application out of hand? If the latter is likely, is it possible to change the spelling of her name on the marriage certificate? If so, is this a lengthy and involved process? (We live in the state of Georgia.)

Thanks in advance for your help.

this should not be an issue.

there's a same person affidavit you can get from notary mentioning Nelli (her passport and birth) and Nelly (marriage certificate) are same person.

and going forward you'd want to keep Nelly as the name in all future documentation. :thumbs:

Filed: Timeline
Posted

Thanks everyone for your replies. We have decided to amend the marriage certificate and change the name back to Nelli so it matches the passport, birth certificate and other immigration documents. We will legally change my fiancée's name to Nelly after we get the green card.

Posted

Thanks everyone for your replies. We have decided to amend the marriage certificate and change the name back to Nelli so it matches the passport, birth certificate and other immigration documents. We will legally change my fiancée's name to Nelly after we get the green card.

You can change her name easily and for free when she gets citizenship, if that is her plan.

I don't think it would have been a problem, but you already fixed it. I had a similar issue but with parent's information and not the main applicant. But, for what it's worth, it was a non-issue.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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