Correcting green card for minor name error w/I-90

[US math guy 0]

Several weeks ago my wife had her consular interview at which she was approved for an IV. However, she has some business stuff to take care of, so she has opted to delay her actual entry into the United States. She very well understands that after being approved she has 6 months to actually use the visa; otherwise it expires.

Myself I am a USC living in the U.S. at the address that she declared to be her (new) permanent address. So even though she is still in Mexico, I received in the mail last week both her U.S. Social Security card and her green card. However, both documents have minor name problems:

1. U.S. Social Security card. This card has the name on her birth certificate, consisting of three names. When we filed the I-130, we left off the third name, since she does not use it.

2. Green card. On this card they left off the third name, but they added a fake middle initial.

I called up USCIS about the second problem. They said to file an I-90 once my wife enters the U.S. and check option D (administrative error), which means there should not be a fee (if they agree they were at fault). We have copies of all of our forms, so I am not concerned about being able to convince them they were at fault.

Regarding the Social Security card, I am inclined not to bother correcting that one. It just means when we file a joint tax return or when she file any other income tax document (e.g., W-4), she must remember to add back the name she does not use. Or at least not to worry about it anytime soon.

Regarding the green card and reviewing some of your letters dealing with I-90 data problems, I am wondering if we should even bother with that one, given the hassle involved (a wait of about 3.5 months per the web site, if you are lucky). I am figuring she she will likely be able to talk her way out of the fake middle initial when filing for her driver's license, insurance, employer applications, etc. I presume the other option would be for her to carry her passport around with her all of the time, which she might not like. Also maybe we can get this straightened out later on when she files for her AOS.

I am concerned about this issue because I know that she is anxious to start submitting job apps as soon as she arrives. So I do not want to do anything that will cause her grief getting her driver license or getting hired somewhere.

Do you agree?

One other concern. We are thinking it might work out best for her schedule and for financial reasons for her to wait a total of 5.5 months before actually entering the U.S., so she will not be here until January 1. That makes me a bit nervous, since it is close to the end of the 6 month window. Should I be concerned?

[milimelo 4,561]

I'm sorry, but I do not understand how she got the GC mailed to her if she hasn't activated her visa at POE? Did she come to the US and leave couple days later? You're also mentioning AOS which if she has IV she won't be doing. Maybe Removal of conditions if she has conditional green card but that's 2 yrs later.

For GC, what I would do first is get the driver's licence. Then she won't have to show GC to employer as DL and SSN are enough proof for work.

Then I'd file I-90 and get the new one but I am not sure if she would have to go in for biometrics or not. After GC, change the SSN as you do not want your number flagged for inconsistencies (there are people who are unlucky enough to know someone is abusing their SSN but SSA won't tell them other names associated to that number).

[US math guy 0]

Interesting point, milimelo.

What happened is after she picked up her IV, the taxi driver took her to the crossing point for entry into the United States. As far as I know, she did not actually enter the United States. (Though now I am beginning to wonder...) From there she tells me she took a bus to her home town in Monterrey, Mexico. Perhaps she has already been "processed" for entry at customs, even though she did not do so? Does that make any sense?

Thanks also for the suggestion that we just get her DL first. Regarding the AOS, I see that I used the wrong terminology. Sorry for the confusion. As you indicated I meant to say the removal of conditions. I ended up speaking with USCIS about this. They said I could take care of this when I file the I-751, just attaching a letter of explanation.

Also, in checking with USCIS, they agree she must have entered the U.S. at Customs, been processed for entry, and then recrossed the border back into Mexico. So that means now she has a whole year to re-enter the U.S. They said the way to be sure is for her to check to see that she has the I-551 stamp on her passport.

If we do want to get the name correction taken care of now via the I-90, they suggested after getting her DL that she make a photocopy of her old GC and carry that around instead of her passport. They suggested that suggested that would suffice, with an explanation that she is in the process of getting her GC reissued with the data correction.

Thanks all.

[US math guy 0]

BTW, if I am correct that my wife did in fact enter the U.S. for an hour and then re-entered Mexico, this means I now need to Fedex her GC to her, so they will not give her grief when she tries to re-enter in a few months. Do you agree?

[milimelo 4,561]

If you can send it to her, go ahead. Otherwise, she should be good with the stamp (CR-1, date) on her visa.

Beware though, absences longer than 6 months may play a role in delaying her citizenship.

[US math guy 0]

If you can send it to her, go ahead. Otherwise, she should be good with the stamp (CR-1, date) on her visa.

Beware though, absences longer than 6 months may play a role in delaying her citizenship.

[US math guy 0]

Another good point, milimelo. She has mentioned at least once the possibility of her arranging for her two adult daughters to possibly join her in the U.S. I assume though the process is lengthy no matter what, it would be shorter still if she applied for them as a U.S. citizen then as permanent resident.

[rabia1398 0]

Employers are now required to verify all new employees electronically through social security database. I don't know exactly how the process works, but I would imagine that they compare the social security number and first four letters of the last name like the IRS does. In this case, her name would not match, and she would have problems with starting employment. For me, changing the social security card would be more important than changing the green card.

[US math guy 0]

Good point, rabia1398. We will need to research this when the time comes. Thx.