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Posted

I mailed my mother's I 130 and I 485 concurrently yesterday but am now all paranoid about a few things that i forgot to include on the application.

Firstly, on the form G325A i forgot to add her middle name under:'other names used'. She never uses her middle name and it is not even mentioned on her passport, visa or I94. It is only mentioned on her marriage certificate (which i included in the application as an extra document). Is this a big deal?

Also, her last name on my birth certificate is different from her last name on her passport, visa and i 94. is this an issue? She uses her maiden name on her passport and her last name on my birth certificate is listed as her married name.

Secondly, she was born in 1952 and has no birth certificate. So as per the instructions on the USCIS website.. i included two notarized affidavits from immediate relatives that were present during her birth (such as father and brother). Will this suffice? Also, her dad has passed away recently:( Is this a problem coz i read somewhere that both affidavits have to be from living relatives.

Someone please respond and tell me i am over-thinking it as I am just worried that USCIS will get all confused and frustrated and throw the whole application out the window!:(

Filed: K-1 Visa Country: Vietnam
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Posted

Did you put her middle name on the G-325A in the box marked "middle name"? If so, then it's not an "other name used".

Do you have evidence for the name changes? Do you have a marriage certificate to show what her name was when you were born, and a divorce certificate to show that her maiden name was restored when she divorced? As long as you have proof of the name changes then you have sufficient evidence that the other documents belong to the same person.

When a birth certificate or other required document is not available you must first submit proof that the document is not available. The only exception is if the US Department of State reciprocity tables indicate that the document is generally not available in the immigrant's country of origin. In the case of a birth certificate, you need a document from the government of the country where your mother was born stating that they have no birth certificate on file for your mother, and also stating why the document is not available, and also stating whether similar documents are generally available for the same time and place (i.e., would they likely have the birth certificate for someone else born at the same time and place).

Once you have proof that the document is not available, then you may submit secondary evidence, such as school or church records. If those documents are also not available then you can submit sworn affidavits from people with first hand knowledge of the event (i.e., your mother's birth). There is no statutory requirement that the affients must be alive when the affidavits are submitted, but they must obviously be alive when the affidavits are sworn and signed.

What country was she born in? If Department of State reciprocity tables list birth certificates from that country as being generally available for the time and place your mother was born then USCIS is likely to insist on a birth certificate.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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