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485 - RFE for name mismatch

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  • 485 - RFE for name mismatch

    Hi,
    I recently received RFE for my 485 due to names not matching in my passport and in my birth certificate. I had originally submitted an affidavit that both the names represent me but USCIS didn't accept it. The RFE is,

    "Failure to submit sufficient evidence of your name as listed on the Form I-485 will result in your documents reflecting the name as listed on your birth certificate/document. Copied of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority."

    Could anyone suggest what documents i need to provide ?

    Thanks,
    Suresh.

  • #2
    I don't understand how come your name is different on your passport, your birth certificate and educational certificates?
    what you submitted to USCIS. the dont accept affidavit alone. your name on the I-485 and on your birth certificate and on passport should match.(Forget about educational certificates)
    You should correct the name on passport as per BC.
    What USCIS suggest is you should satisfy them by changing your name as in the BC by doing name changing procedure.
    We don't know the exact scenario, what is your case. (Emp based or marriage based etc)

    Comment


    • #3
      To be clear my BC has spelling mistake. The last letter of my first name alone is wrong. All of my other certificates/passports etc.. has the correct name.

      this is an employment based application.

      Comment


      • #4
        Can you correct your BC from the local municipality/Mandal office? If your family can help you, you can get new BC with correct name . (Your passport and educational cert are fine).
        Try this option or get an affidavit from your mother and notarized it submit to them.
        Before submitting BC to USCIS you should check and correct the errors but now you have no options.
        Either take new BC with correct spellings, or make an affidavit from your mother stating your correct name date of birth etc with withness, and notarized it.

        Comment


        • #5
          USCIS specifically said they don't accept affidavits. I did provide one anyway. I am trying to do an amendment to the birth certificate.

          Comment


          • #6
            Any update

            Originally posted by surkrish View Post
            USCIS specifically said they don't accept affidavits. I did provide one anyway. I am trying to do an amendment to the birth certificate.
            Hi
            My wife is having a same issue. Can you please update your case and let me please know what actions have you taken?
            Thanks a lot
            Arijit

            Comment


            • #7
              Hi Arijit, I have similar issue with my wife’s name. Did you get any solution for this?if yes Can you please share?

              Thanks in advance
              Naresh

              Comment


              • #8
                I had a similar issue where the name in the BC was different from the name on the passport; We did not ONLY submit an affidavit but a Government-issued document from my home country (specifically the civil authority of my home country) indicating that there has been a name change and that all documents bearing both names should be considered as valid.

                I want to believe every country has a civil authority that does this; maybe you should contact your home country for such a document.

                I wish you well in this endeavor.
                Mar/25 => Application sent to Chicago lockbox
                22 <= 4 I-797Cs received by mail
                57 <= Courtesy letter for I-693 received
                129 <= Bio appointment for Aug/13
                159 <= Interview scheduled for Oct/6
                165 <= New card being produced
                169 <= I765&I131 approved
                196 <= New card being produced
                197 <= Card mailed
                Oct/10 = 2yr GC in hand
                Aug/18 = I-751 applied
                Aug/15 = I-751 approved
                Aug/18 = 10yr GC in hand
                Oct/20 = N400 Interview and Oath ceremony

                Comment


                • #9
                  We had a similar issue. My wife was born in the Philippines. Her Mom named her one thing for birth certificate and called her by another name. She used the second name on all her other documents like school and Passport and Taxes and such. Time to Adjust Status and we needed the 2 to Match. What we did was change her first name on her Birth Certificate. Costs some money and after a hearing it was granted. She had her adult daughter do it with a power of attorney. Took a few months to do but it all worked out.
                  4-18-18 PD
                  4-29-18 Finger Print fee was received
                  9-26-18 I-765 and I-131 Approved
                  10-02-18 Card Was Delivered To Me By The Post Office (sent to Lawyer) Day 167
                  10-03-18 Case is Ready to Be Scheduled for An Interview Day 168
                  10-05-18 your case has been scheduled for a interview. Day 170
                  11-13-18 Interview
                  11-13-18 New card being produced
                  11-15-18 I130 and I485 Approved
                  11-20-18 Card Mailed

                  Comment

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