EA and MK

The applicant (my wife) was born in Colombia. Her birth certificate explains her name change — her biological father is not listed, but her stepfather gave her his last name. At one point, she had her mother’s last name. Although she no longer has a document showing her original birth name, she still listed it during the I-130 process. Her birth certificate also notes that she was an extramarital child and later took her stepfather’s last name. At the interview, she plans to explain this. We hope they do not request another document other than her birth certificate with these annotations.

We have certified translations from our attorney of birth and marriage certificates that we submitted back in the day with the I-130. Is it ok to submit the same ones? Even if we aren't using the lawyer we had back then? Thank you!

Thank you for your feedback!

Hey @Crazy Cat, hope you e been doing well. Absolutely, we're not hiring a lawyer for the N-400. There's really zero need unless you have a complex case, which ours is as vanilla as can be lol.

Hi, My wife entered on an IR-1 visa. When our lawyer filled out DS-260, she forgot to include my wife's birth name. This was correctly included in I-130/I-130A, but missed in the DS-260. There were also some dates that were wrong in her previous address history, they marked "yes" to the "is spouse immigrating with you" question, they put my MIL's middle name as part of her last name, and selected "does not apply" to "name of person living at current address" question - instead of putting my name. We wanted to correct all of this, even prepared a letter and redlines to the DS-269, but the CO was so fast paced at the embassy that we didn't get a chance to raise these issues before they completed the interview and handed my wife the approval slip. My lawyer back then said none of this is material, but it's still bugging me. Does any of this create issues with the N-400?

Don't worry. Happened to my wife. They "lost" her biometrics. Go in, get your biometrics, and within a week you should see your new GC in the mail.

I would not let the interview start untill you first bring up this issue with the consular officer. I think you have to start that you will tell the truth and that the contents of the DS-260 are true. Before you sware, or even when you check in, I would consult with someone at the embassy. You may get away with it now, but when you want to naturalize you will be caught. And then, you'll be hit with misrepresentation and your LPR status would be in jeopardy.

I would fire your attorney. The question isn't just asking if you were arrested. It is asking if you also had any convictions. You must answer yes. You were convicted of a crime. Speeding is a crime. It's typically a class C misdemeanor, which is a crime. And because you paid the ticket and didn't fight it, that results in a conviction. During the interview, you can discuss. But, in the DS-260, select yes, describe the charge such as "Speeding 55 in 45, Class C Misdemeanor, Charged on: Date, Convicted/Plead Guilty No Contest: Date".

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