Birth certificate name difference

[brahstir 6]

Hello,

 

I'm petitioning for my wife for CR-1 visa. We are at the NVC stage. We noticed that her name is different than her name on all documents. 

 

Just FYI, my wife's country is India. We are trying to get Gazetted (Registered name change). Should this be enough? 

 

They were told that the birth certificate can not be changed. 

 

Any help would be appreciated.  

[OldUser 6,890]

How big is the difference?

Is it:

 

1) John Smith vs Ben Afflek

2) John Smith vs Jon Smith

3) John Smith vs John Smiths

4) John Smith vs John Brown

 

?

 

Does she have a good explanation why the name is different? How did she get other docs in different name, like passport? Usually to get one, people show birth certificate. 

Will she have new birth certificate?

Edited September 12 by OldUser

[brahstir 6]

15 minutes ago, OldUser said:

How big is the difference?

Is it:

 

1) John Smith vs Ben Afflek

2) John Smith vs Jon Smith

3) John Smith vs John Smiths

4) John Smith vs John Brown

 

?

 

Does she have a good explanation why the name is different? How did she get other docs in different name, like passport? Usually to get one, people show birth certificate. 

Will she have new birth certificate?

 

It's actually John Smith vs Ben Afflek different. She said that the name on birth cert was put by her grandma during the birth by mistake. To create passport, she didn't need to submit birth cert and submitted other form of e idence under her actual name. 

 

She won't be getting a new birth certificate, just affidavit and name change document. 

 

We already submitted DS260 so can't put the name on birth certificate in the other name section. How big of a problem is this? 

[Lil bear 4,252]

48 minutes ago, bramstir said:

 

It's actually John Smith vs Ben Afflek different. She said that the name on birth cert was put by her grandma during the birth by mistake. To create passport, she didn't need to submit birth cert and submitted other form of e idence under her actual name. 

 

She won't be getting a new birth certificate, just affidavit and name change document. 

 

We already submitted DS260 so can't put the name on birth certificate in the other name section. How big of a problem is this? 

Expect an RFE. Get all the requested acceptable name change documentation ready and  in order asap

[Timona 4,207]

55 minutes ago, bramstir said:

 

It's actually John Smith vs Ben Afflek different. She said that the name on birth cert was put by her grandma during the birth by mistake. To create passport, she didn't need to submit birth cert and submitted other form of e idence under her actual name. 

 

She won't be getting a new birth certificate, just affidavit and name change document. 

 

We already submitted DS260 so can't put the name on birth certificate in the other name section. How big of a problem is this? 

 

Big problem. 

 

Never heard of this. You're looking at a very long and expensive road ahead. 

[OldUser 6,890]

1 hour ago, bramstir said:

 

It's actually John Smith vs Ben Afflek different. She said that the name on birth cert was put by her grandma during the birth by mistake. To create passport, she didn't need to submit birth cert and submitted other form of e idence under her actual name. 

 

 

Interesting... typically birth certificate is the main identity document a person has and all other docs in life derive from it...

 

Why can't she get corrected version?

 

This is a big problem. DOS may think she's impersonating somebody / faking her ID.

Edited September 12 by OldUser

[brahstir 6]

Officials are saying that once the birth certificate is issued there's no correcting or amending it. 

 

Her birth date, father's full name and mother's full name is the same on all document and birth certificate.  

 

Not sure how to move forward at this point. 

[OldUser 6,890]

3 minutes ago, bramstir said:

Officials are saying that once the birth certificate is issued there's no correcting or amending it. 

 

Her birth date, father's full name and mother's full name is the same on all document and birth certificate.  

 

Not sure how to move forward at this point. 

 

Is there a credible lawyer she can hire to do legal analysis and put explanation in writing citing relevant laws etc? This may be something US officials could give at least some weight.

 

Please keep us updated. It's not every day that we see such cases. Your report will be super valuable regardless of the outcome.

 

 

[Timona 4,207]

Why doesn't she like the name her "grandmother" accidentally wrote on the BC???

 

There's more to this story. 

[OldUser 6,890]

14 minutes ago, Timona said:

Why doesn't she like the name her "grandmother" accidentally wrote on the BC???

 

There's more to this story. 

Definitely... Why didn't parents get the BC for their kid and grandma was involved...

[OldUser 6,890]

24 minutes ago, OldUser said:

Definitely... Why didn't parents get the BC for their kid and grandma was involved...

 

 

From US officials point of view the real name is the one on BC unlees there was documented legal name change.

[Timona 4,207]

I don't buy the story that the grandmother accidentally wrote a name. And if she did how did the parents let it get registered without it being fixed. And even if she did and it got registered, what was wrong with using that name? And lastly, if grandmother did AND it got registered, they'll have just done a legal name change. 

 

And I don't buy the story that she got a PP without showing her BC. To even get an ID, you have to show BC. If BC isn't mandated for PP, I guess anyone can claim to be Indian citizens and request for a PP, myself included. 

 

There's no shortcut to PP without BC. Time to quiz your partner. 

 

Too many "ands." 

 

To me, this sounds like a case of fraudulent ID.

Edited September 12 by Timona

[brahstir 6]

She got her passport recently and she had to provide school leave certificate which is an equivalent in India for BC. 

 

I don't even get why anyone would have fraudulent Id of BC. Every single of her document is under her actual name. 

 

This thread is going on a tangent. We are extremely stressed right now and accusing us of a fraud is not needed to make me even more depressed. 

[Crazy Cat 41,981]

Topic locked per OP request.