Police records from foreign country with name change

[drussell024 12]

My fiancé (the beneficiary) legally changed her first name as a minor (and the official name change document was included in the I129-F petition). When she was an adult (18+) she lived in two different foreign countries for over a year each, and thus, requires police records from those foreign countries. 

On the website for the US Embassy in Albania K1 instructions page under the Police Records from a Foreign Country section, it is noted that:
"Please note that applicants are often refused under INA 221(g), because of failing to submit the certificate(s) in all the names/last names they’ve used."

Since her name was changed before moving to those countries, those countries won't have any record of her previous name when she applies for the records. 

We're not sure how to proceed here and any help would be greatly appreciated!

[Allaboutwaiting 2,503]

What's I think could work -if doable- is requesting certificates on both her old and new names.

[drussell024 12]

38 minutes ago, Allaboutwaiting said:

What's I think could work -if doable- is requesting certificates on both her old and new names.

That was our original thought, but requesting this document in the UAE for example requires a current or previous Emirates ID which would be linked to her new name (with no reference to her old name). 

 

Is it worth reaching out to the embassy and see what they say? 

[Allaboutwaiting 2,503]

1 minute ago, drussell024 said:

That was our original thought, but requesting this document in the UAE for example requires a current or previous Emirates ID which would be linked to her new name (with no reference to her old name). 

 

Is it worth reaching out to the embassy and see what they say? 

Not sure if they would actually answer, but it's totally worth trying.

 

And now I think of it, they might not even require a certificate in her old name as she changed it as a minor.

[SusieQQQ 11,586]

1 hour ago, drussell024 said:

legally changed her first name as a minor

Before or after age 16?

[SusieQQQ 11,586]

1 hour ago, drussell024 said:

When she was an adult (18+) she lived in two different foreign countries for over a year each, and thus, requires police records from those foreign countries. 

Just to clarify the cut off for PCs being required is 16, not 18.

[drussell024 12]

8 minutes ago, SusieQQQ said:

Before or after age 16?

She legally changed her first name when she was 16 years old while still living in her native country. After 18 years old, she lived abroad for over a year each in two different foreign countries, using her new name exclusively (passport, residence/work visas). 

 

So she would have been over 18 years old while residing in the two foreign countries and would require the police certificates, correct? 

[Allaboutwaiting 2,503]

2 minutes ago, drussell024 said:

She legally changed her first name when she was 16 years old while still living in her native country. After 18 years old, she lived abroad for over a year each in two different foreign countries, using her new name exclusively (passport, residence/work visas). 

 

So she would have been over 18 years old while residing in the two foreign countries and would require the police certificates, correct? 

Yes, but as she changed her name at 16, they might not require the certificates on her old name.

[SusieQQQ 11,586]

6 minutes ago, drussell024 said:

She legally changed her first name when she was 16 years old while still living in her native country. After 18 years old, she lived abroad for over a year each in two different foreign countries, using her new name exclusively (passport, residence/work visas). 

 

So she would have been over 18 years old while residing in the two foreign countries and would require the police certificates, correct? 

Again, 16 is the age cutoff for police certificates being required. As she changed her name once she had already turned 16, I am not sure if the prior name would be a concern for police certificates. Not for the foreign countries, but the home one - Technically she would have had the old name for part of the period required for her home country. Then again, people change names regularly (marriage etc). Does the country concerned require fingerprints for the police check?

 

 

Edited September 26, 2021 by SusieQQQ

[drussell024 12]

31 minutes ago, SusieQQQ said:

Again, 16 is the age cutoff for police certificates being required. As she changed her name once she had already turned 16, I am not sure if the prior name would be a concern for police certificates. Not for the foreign countries, but the home one - Technically she would have had the old name for part of the period required for her home country. Then again, people change names regularly (marriage etc). Does the country concerned require fingerprints for the police check?

 

 

Her home country is Albania and we are going to try and obtain the certificate in both names there as it is a relatively easy process. (Whether or not that is successful is another story). 

 

The other two countries are middle eastern and yes, they take fingerprints/biometrics, but would be tied to her passport/visa which would be only in the new name. Our concern with the foreign countries is that one of them is going to be very difficult to obtain and will be done through an embassy with power of attorney to handle an issue with records not being recognized from a specific region within that country. (Which is why we were concerned about the name change and possible delays/inability to obtain if it is required).

Edited September 26, 2021 by drussell024

[SusieQQQ 11,586]

21 minutes ago, drussell024 said:

Her home country is Albania and we are going to try and obtain the certificate in both names there as it is a relatively easy process. (Whether or not that is successful is another story). 

 

The other two countries are middle eastern and yes, they take fingerprints/biometrics, but would be tied to her passport/visa which would be only in the new name. Our concern with the foreign countries is that one of them is going to be very difficult to obtain and will be done through an embassy with power of attorney to handle an issue with records not being recognized from a specific region within that country. (Which is why we were concerned about the name change and possible delays/inability to obtain if it is required).

The name change will not be relevant.

 

Have you confirmed your approach to getting the police certificate with the DoS reciprocity tables? What country is it?

[SusieQQQ 11,586]

I hope you are not going through all that hassle for the UAE without checking the official Dept of State page, which states 

Post recommends that consular officers waive the general requirement to obtain police certificates unless the applicant lives in the UAE.

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/UnitedArabEmirates.html

[drussell024 12]

The two countries are the UAE and Iraq. 

 

We previously reviewed the DoS reciprocity tables and the issues are as follows: 

 

Iraq - during her time there she worked/lived in Erbil which is apart of the Kurdistan region, but the certificate can't be issued from there. There is this whole process to get the certificate issued from Baghdad for her time there. 

 

UAE - she is currently working/living there and we were going to take the certificate right before she leaves (likely a month before the NOA 2 for the I129F comes in with current processing times) because it is only valid for 3 months (and with interview backlogs means it will likely expire). 

 

I was not aware of the recommendation to waive the requirement if she is not living there anymore, she will be out of the country before the NOA 2 arrives.