Best course of action before sending AOS application [merged threads]

[fishfila 0]

I came to the US on an F-1 visa. I am married to my wife for 2 years and we're filing for AOS. I had a name change because of a religious conversion to Christianity 2 years before I came to the US. My wife is a Christian as well. I thought that religion should not be an issue in a marriage based AOS, but its is a sensitive topic here in the US, that is why I listed it.

 

Anyways, I just discovered that I completely forgot to mention my old/birth name in my F-1 application. All my documents in the old country were in my new name, and so is my passport(obviously). I never traveled with my old name and have never been part of any crime or never have been indicted/arrested. I need advise as how to approach this. My wife and I have been married for  2 years so we are including a ton of evidence. 

Is it advisable to disclose the old/birth name in the application? If so, do I need to provide the documents of name change? In the old country, the process was to have it done with a notary(on government documents) and declare in newspapers.  The government of the old country is aware of it so I dont know how much information sharing happens between the US other countries when it comes to marriage based AOS.

 

Please advise.

[Ben&Zian 4,398]

8 minutes ago, fishfila said:

I came to the US on an F-1 visa. I am married to my wife for 2 years and we're filing for AOS. I had a name change because of a religious conversion to Christianity 2 years before I came to the US. My wife is a Christian as well. I thought that religion should not be an issue in a marriage based AOS, but its is a sensitive topic here in the US, that is why I listed it.

 

Anyways, I just discovered that I completely forgot to mention my old/birth name in my F-1 application. All my documents in the old country were in my new name, and so is my passport(obviously). I never traveled with my old name and have never been part of any crime or never have been indicted/arrested. I need advise as how to approach this. My wife and I have been married for  2 years so we are including a ton of evidence. 

Is it advisable to disclose the old/birth name in the application? If so, do I need to provide the documents of name change? In the old country, the process was to have it done with a notary(on government documents) and declare in newspapers.  The government of the old country is aware of it so I dont know how much information sharing happens between the US other countries when it comes to marriage based AOS.

 

Please advise.

 

Key thing is always, always be honest on all applications dealing with the US or immigrations. I honestly don't know how one "Just discovered that I completely forgot to mention" it.... It's a pretty big deal. Most applications/paper work I have ever seen always ask for "Former names" or "Former Aliases"...

 

Be up front and honest. That is best way to avoid any potential issues that could arise.

[A'n'L 735]

Certainly disclose the name change. It it a good idea to submit name change documents, since your current name probably does not match your birth certificate.

[chimichanga 3]

Have you already sent the package?

Edited April 5, 2017 by chimichanga

[fishfila 0]

Will there be a problem? Do I need a lawyer?

[talile 6]

Just now, fishfila said:

Will there be a problem? Do I need a lawyer?

It's hard to tell, they might see that as fraud and might accept your explanation

Have you sent the package already?

[fishfila 0]

42 minutes ago, talile said:

It's hard to tell, they might see that as fraud and might accept your explanation

Have you sent the package already?

No I haven't yet. We were getting some proofs together and thinking of sending in a week

[talile 6]

3 hours ago, fishfila said:

No I haven't yet. We were getting some proofs together and thinking of sending in a week

I would adda letter explaining the mistake with the previous visa request and add all the documents.

Hopefully they will see it as a innocent mistake (that is only if all the background checks on the old name come out clean) and than your case will be looked at more harshly but might be ok

If they see it as fraud they could deny your AOS and cancel your previous visa, you will than need a lawyer for sure

[fishfila 0]

My wife came to the US on an F1 visa and we are filing for AOS(we married 3 years after she entered)

 

She had her complete name changed before coming but forgot to mention it in the F1.  Her birth certificate has her birth name. In the AOS paperwork we are including her old name. She still has her name change documents along with the advertisement in the newspaper declaring the same. We talked to an attorney(on AVVO For a small consultation fee) and he advised not to include the supporting paperwork with the application but instead just taking it with us for the interview as he though that "we should not give extra information unless specifically asked for it"

 

Anyone has had a similar experience? In my wife's birth country, it is possible to have her birth certificate amended to her new name. Should we do that? 

 

What at kind of scrutiny should we expect?

 

Thank you all

[TBoneTX 45,469]

Two similar-themed threads have been merged.  Please stick to this thread when discussing these matters.

[fishfila 0]

17 hours ago, TBoneTX said:

Two similar-themed threads have been merged.  Please stick to this thread when discussing these matters.

Dear Moderator

 

Can you please delete my thread? I have some other important details that I would like to include in another thread.