Name Issue

[Phuong 0]

All-

Could someone please help me me with this? I have recently picked up my marriage certificate and noticed there is a difference between my wife's name on the certificate and how I have been filing her K1, and soon to be filed AOS, paperwork.

Basically, her Vietnamese name is (written and read as last name first, middle, then first name) Doe Ann Smith Jane - this is just an example...All of my K1 paperwork, I filed it as Jane Ann Smith Doe. Now on our marriage certificate, we made the mistake of sticking to how her G325A's name was filed during the I129F processing period, which is Smith Jane Ann Doe.

I just called the Clerk's office and according to the employee there I would need a court order in order to change the name on the marriage certificate. According to her this would cost about $300. Now, obviously if I can somehow get away with this and save the $300 I will. But if this error will slow down our AOS processing time, then I would rather pay the $300 to get it corrected. I'm sure someone out there have had this issue before. I plan on proceeding with her AOS filing with the same name that I have been using from day one - Jane Ann Smith Doe, and sending in the current marriage certificate (name on certificate is mentioned a few sentences above) without any corrections. Is this OK? Will DHS and/or USCIS give me any problems because of this? The good thing about all this is that all four of her names are spelled correctly. It's just that it is in different order.

Your input is greatly appreciated.

Thanks,

Phuong

[Thai family 0]

It could cause trouble with social security. I was reading last night on their website how strict they are about names. I don't know about AOS. Check ssa.gov.

Warm regards

[motu 5]

I would suggest that you wait for an RFE. If it doesn't come then it didn't matter. My wife's country of birth and my county of residence were spelled incorrectly on out marriage certificate and that didn't cause any problems. (To correct it would have required us both to fly back to Orlando and swear in front of the court employee - a cost of a couple thousand dollars).

I would assume that the examiner would understand that this is the same name on the certificate and would be OK with it. If that's not the case, you would get an RFE and then can go about getting it corrected - just be prepared for it and don't worry about a possible delay (We were Ok if we were to be delayed but didn't happen for us). Good Luck

edited to add: Don't worry about Social Security - use your greencard with them (once you have it) - if the name in the USCIS database matches what you want - you are OK.

Edited April 30, 2008 by motu

[PeterFB 0]

Since your marriage license is a US document, the correct way to have her name appear is First Middle Last Name. If you fill out any Vietnamese Government documents, you need to follow their common practice, Last Name, Middle First. The USCIS, SSA, etc all are aware of the different name order between the US and Vietnam. At least that's been what I've encountered so far.

There's nothing to worry about. It's only a procedure issue difference between US and Vietnam.

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

[PeterFB 0]

Since your marriage license is a US document, the correct way to have her name appear is First Middle Last Name. If you fill out any Vietnamese Government documents, you need to follow their common practice, Last Name, Middle First. The USCIS, SSA, etc all are aware of the different name order between the US and Vietnam. At least that's been what I've encountered so far.

There's nothing to worry about. It's only a procedure issue difference between US and Vietnam.

Sorry, After I wrote this I checked and tried to edit this post but the edit didn't take. so here's the edit.

If her Last name is Doe; Middle Name Ann and First Name is Smith Jane, there's just paperwork to fix. IF her Middle Name is Ann Smith, then you have to fix the Marriage License because otherwise you'll be spending lots of time in the future explaining why the name is wrong. (I'm not a lawyer but you may not be married if her name is wrong on the marriage license.)

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26