Apply now or after correcting wife's birth certificate (name change and birth parent change)

[Felipe72 1]

We want to start the the application process now for i130. The fees add up with 4 children and my wife. I have everything ready and already translated her birth certificate. But, her grandparents were listed as her parents. it will take about 2 months to have all her documents updated. The judge will change birth certificate and marriage certificate and ID all at the same time. we will get passports after that is complete. 

But I am listing her biological mom on the i-130 and submitting the current valid birth certificate (it is considered valid but is required by law). None of the kids records will change. Do I include a letter documenting my wife's change is in process?

 

When can I update her documentation? Most likely the correction will be completed shortly after it is sent to NVC. Will it cause significant delays?

[Family 4,025]

1 hour ago, Felipe72 said:

We want to start the the application process now for i130. The fees add up with 4 children and my wife. I have everything ready and already translated her birth certificate. But, her grandparents were listed as her parents. it will take about 2 months to have all her documents updated. The judge will change birth certificate and marriage certificate and ID all at the same time. we will get passports after that is complete. 

But I am listing her biological mom on the i-130 and submitting the current valid birth certificate (it is considered valid but is required by law). None of the kids records will change. Do I include a letter documenting my wife's change is in process?

 

When can I update her documentation? Most likely the correction will be completed shortly after it is sent to NVC. Will it cause significant delays?

Do you have any documentation of the court case in her home country that shows her birth certificate will be so drastically amended? 
‘Are you sure of the time frame you expect that case to result in her obtaining a whole new birth certificate/identity? 
 

You can file now, using her current name and birth certificate along with evidence of upcoming changes. You will get an RFE 
 

As an adult with children of her own, why did she wait so long ?

[Felipe72 1]

She is in Colombia and never had a need to change. Her mom was under 18 when she had her and her father didn't take responsibility, so wouldn't have been on the birth certificate. I don't think this is uncommon. Her grandparents mostly raised her, so she  felt very close to them. We've spent time together with her mom so family is all close.

We have a good lawyer that has already help with her kids documents, buying a home and a birth or our son. I am confident in the two month timeline. A judge will change the birth certificate and other docs at the same time.

[Family 4,025]

18 minutes ago, Felipe72 said:

She is in Colombia and never had a need to change. Her mom was under 18 when she had her and her father didn't take responsibility, so wouldn't have been on the birth certificate. I don't think this is uncommon. Her grandparents mostly raised her, so she  felt very close to them. We've spent time together with her mom so family is all close.

We have a good lawyer that has already help with her kids documents, buying a home and a birth or our son. I am confident in the two month timeline. A judge will change the birth certificate and other docs at the same time.

Then go ahead and file now .
It may take a few months before they look at the case and you will have a generous window to respond at RFE stage ..(87 days to answer from date of RFE)

 

Make sure you translate and supporting court name change documentation.

[Redro 4,611]

@Felipe72 is your wife adjusting status or is she going through consulate? And have you filed the I130 already and at NVC? Or you are waiting to file I130 because of birth certificate issue? 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,968]

The spouse's birth certificate is not included in the initial filing.  Just enter the correct information and go ahead and file.  In a year or so, you'll need the foreign spouse's birth certificate.  Did you not notice it is not listed as a required document when filing for a spouse?  It is for the step children, but not for the spouse.

[Felipe72 1]

You are correct, I don't see an upload for her birth certificate. I was confused that with the CRBA for our son for which we needed to upload her birth certificate; we had an appointment for that next week and will reschedule it because her mom second last name will change.

 

We have to report her father on the i130a; I need clarification on whether her father is deceased or not to put that on the current residence lines of the i130a.

 

(names are made up)

Spouse current name (current birth certificate): Anna de Rio, Diaz Ruiz

biological mother: Mary, Garcia Torres

biological father: Marco, Diaz Gomez

 

Spouse new name (new birth certificate): Anna, Diaz Garcia

 

There is some chance of an RFI because on the i130a as her biological mother's last name (Garcia) does not match her current second last name (Diaz Ruiz). At least she was never married before and had no name changes since her birth.

 

We will get her foreign passport after her name change and birth certificate is corrected.

 

The question is when do we inform that that a name change occurred for my wife assuming there is now RFI?  We won't know if it is delayed waiting an RFI at the initial petition approval stage.  Do we wait for it to be transferred to the NVC?

[Redro 4,611]

3 minutes ago, Felipe72 said:

You are correct, I don't see an upload for her birth certificate. I was confused that with the CRBA for our son for which we needed to upload her birth certificate; we had an appointment for that next week and will reschedule it because her mom second last name will change.

 

We have to report her father on the i130a; I need clarification on whether her father is deceased or not to put that on the current residence lines of the i130a.

 

(names are made up)

Spouse current name (current birth certificate): Anna de Rio, Diaz Ruiz

biological mother: Mary, Garcia Torres

biological father: Marco, Diaz Gomez

 

Spouse new name (new birth certificate): Anna, Diaz Garcia

 

There is some chance of an RFI because on the i130a as her biological mother's last name (Garcia) does not match her current second last name (Diaz Ruiz). At least she was never married before and had no name changes since her birth.

 

We will get her foreign passport after her name change and birth certificate is corrected.

 

The question is when do we inform that that a name change occurred for my wife assuming there is now RFI?  We won't know if it is delayed waiting an RFI at the initial petition approval stage.  Do we wait for it to be transferred to the NVC?

Has the name change occurred already (with the corrected birth certificate) or will it occur in the future?

If it occurs in the future, you only need to inform them during the next step (DS260).

Currently, just write all names used as of the day you submit the I-130. 

 

USCIS is probably not going to link the CRBA application with the I-130 petition just yet. Although, I am assuming the information about your wife's birth parents is different for the CRBA application vs the I-130 application. Am I understanding the situation correctly? 

[Family 4,025]

My initial position stands. Move forward with I-130s and CRBA submitting name and BC info that is currently reflected as her legal name. Adding the bc and pending court case changes will make the future process easier. 
 

At any stage , a delayed registration BC will trigger request for review . So no use juggling What Ifs and no advantage in waiting

[Felipe72 1]

Her name hasn't changed yet. I assume the final CRBA will have her name on it and it should have her name that will ultimately be her legal name. CRBA doesn't ask for birth parents info, just her birth certificate. There is a small chance they will notice the name mismatch between her parent's last name on the i130a and her last name, but that seems unlikely before the NVC stage, but I would likely report it then even without an RFI because her new name will be her legal name when filing I file the DS-260. When I explain the name change I will send the corrected birth certificate with translation and identity card to show proof. 😅

[pushbrk 12,968]

I'm re-thinking.  Since name changes must be disclosed, you cannot file using the intended name without disclosing the other name previously used.  When disclosing that name, you must document the name change.  File using the current legal name(s) and do the change at the NVC stage.