Spelling of surname in birth certificate and passport don't match, what does this mean?

[A.P 1]

So I am a UK citizen with a Pakistani Birth certificate. One letter in my surname was misspelled (a instead of e) in my birth certificate when I was born (apparently typographical errors as such are/were common back then in Pakistan) but this was never picked up growing up so I have have been using an the 'a' version of my surname like the rest of my family in my passports and important docs all my life.

 

When my husband filed for the I-130 in the US, his lawyer told him they had to use the birth certificate version of the my surname ('e') and would just have to explain it to the London embassy during the visa interview of our issue.

 

Just wanted to know if this could cause my visa to be rejected either by the NVC or at the interview stage and if someone else has experienced similar situations and how they went about it?

[Mike E 11,741]

You need to do one of:

 

- a legal change  of name document to match the name in your passport 

 

- correct your birth certificate 

- correct your passport 

 

We had a similar situation: her passport had a typo graphical error and we got the passport replaced before we started the process.  Just as well since passports in her country are good for just 5 years. 

Edited December 21, 2020 by Mike E

[A.P 1]

6 minutes ago, Mike E said:

You need to do one of:

 

- a legal change  of name document to match the name in your passport 

 

- correct your birth certificate 

- correct your passport 

 

We had a similar situation: her passport had a typo graphical error and we got the passport replaced before we started the process.  Just as well since passports in her country are good for just 5 years. 

Yes, ideally I'd want to change my birth certificate spelling as all my important files (e.g degree, drivers license) as my passport spelling. But not sure how easy it is to change it considering I don't live in Pakistan anymore and how long it will take.

 

I know It will be picked up during my interview, just not sure how long it can delay eveyrthing.

[Chancy 6,241]

6 hours ago, A.P said:

Just wanted to know if this could cause my visa to be rejected either by the NVC or at the interview stage and if someone else has experienced similar situations and how they went about it?

 

The name on your DS-260 form must match the name on your passport.  If the name on your passport does not match the name on your birth certificate, you must present a legal name change document.  Is there any document that you got when you became a UK citizen that can serve as a legal name change document?  What document did you use to get your UK passport to have the current spelling of your name?

 

[A.P 1]

10 minutes ago, Chancy said:

 

The name on your DS-260 form must match the name on your passport.  If the name on your passport does not match the name on your birth certificate, you must present a legal name change document.  Is there any document that you got when you became a UK citizen that can serve as a legal name change document?  What document did you use to get your UK passport to have the current spelling of your name?

 

I was young when I became a UK citizen and having asked my parents who don't speak English very well, they said they supplied my Pakistani passport (with a 'e') and my birth certificate (with a 'a') when moving here and I guess the UK gov didn't pick up either in the mismatch of spelling so no-one noticed until now.

 

We have already sent off my i-130 form with my birth certificate spelling but also gave my passport so I don't know what they will say when I get my NOA2.

 

[Chancy 6,241]

11 minutes ago, A.P said:

We have already sent off my i-130 form with my birth certificate spelling but also gave my passport so I don't know what they will say when I get my NOA2.

 

I doubt you will have issues with the name discrepancy at USCIS stage, but you will likely have a problem at the embassy stage.  The US embassy in London requires a legal name change document if your passport name does not match the name on your birth certificate.  It's explicitly listed here -- https://uk.usembassy.gov/visas/family-immigration/required-documents/

 

Fortunately, they also list the document that will satisfy them.  Contact the embassy if they require a deed poll from the courts or if you can make one yourself.  An enrolled deed poll seems more legit.  Might be best to consult with a solicitor.  Instructions for getting a deed poll are here -- https://www.gov.uk/change-name-deed-poll/make-an-adult-deed-poll

 

[A.P 1]

1 hour ago, Chancy said:

 

I doubt you will have issues with the name discrepancy at USCIS stage, but you will likely have a problem at the embassy stage.  The US embassy in London requires a legal name change document if your passport name does not match the name on your birth certificate.  It's explicitly listed here -- https://uk.usembassy.gov/visas/family-immigration/required-documents/

 

Fortunately, they also list the document that will satisfy them.  Contact the embassy if they require a deed poll from the courts or if you can make one yourself.  An enrolled deed poll seems more legit.  Might be best to consult with a solicitor.  Instructions for getting a deed poll are here -- https://www.gov.uk/change-name-deed-poll/make-an-adult-deed-poll

 

Thank you for the helpful links, would you suggest getting my name legally changed to match my birth certificate (since apparently that's your original, 'correct' name) and or getting it 'officially changed' through deed-poll to match my passport and everything else in my life thus far.

 

E.g if my surname was 'Akhtar' on my birth certificate, but I have never used that spelling or 'Akther' which is on my passport and all my other docs, which version would I change it to legally? Because can I really change it to the passport version if that's what I've already been using my whole life, just unofficially?

 

 

[Chancy 6,241]

2 hours ago, A.P said:

would you suggest getting my name legally changed to match my birth certificate (since apparently that's your original, 'correct' name) and or getting it 'officially changed' through deed-poll to match my passport and everything else in my life thus far.

 

I recommend keeping the name on your passport as that is the name you have been using on your UK documents.  Get a deed poll to legally document the change from the name on your birth certificate to the one in your passport.

 

[Ryan H 3,813]

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