RFE: Name Difference

[onye uwaoma 131]

Hello everyone out there! Hope you guys are having a great weekend! Ok let me use this occassion to appreciate everyone of you for always being here for each and every member of visajourney community. I have read so many thread here and found them very useful. But I just joined this community today because I believe I can find some help to my situation from the good people here. Now to my concern. My wife just got an RFE: Name Difference for an i130 petition. Her name was actually misspelled in her birth certificate, while every other documents has her correct name. My question is how best can she respond to this kind of RFE? Second question is does she have to send her birth cert for amendment and how long does it take California vital record office to effect the amendment? Has anyone seen this kind of situation and how did you handle it successfully? I shall be very grateful if you would kindly give your honest input to my querry. Thanking you in advance.

Cheers!

[dwheels76 5,469]

So I gather your wife is the US citizen the Petitioner?

What exactly is the RFE asking for? A corrected birth certificate?

she should send in her passport and a letter of explanation that her birth certificate is wrong. Also maybe attach a photocopy of her drivers license to show how she is going by her correct name.

With the I-130 filing they are checking to make sure she is a citizen. With a passport they will see she is one.

At least that's what I would do amending a birth certificate is not a little thing.

[onye uwaoma 131]

Thank you dwheels74 for your comment. My wife is the usc petitioner. Here is what the uscis wrote in the RFE: NAME DIFFERENCE: Submit documentary evidence to establish that Mechele Buns and michelle(for instance) are the same person. The most persuasive evidence is photo identification in each name. Such evidence may include but is not limited to: a court order showing a legal name change, school records, medical records etc. Thank you for your input once again

[pushbrk 13,174]

Thank you dwheels74 for your comment. My wife is the usc petitioner. Here is what the uscis wrote in the RFE: NAME DIFFERENCE: Submit documentary evidence to establish that Mechele Buns and michelle(for instance) are the same person. The most persuasive evidence is photo identification in each name. Such evidence may include but is not limited to: a court order showing a legal name change, school records, medical records etc. Thank you for your input once again

Driver license and passport would be good evidence. If neither of those match the birth certificate then it sounds like it's not the birth certificate that's wrong. If the passport is in the name she used on the I-130, I would simply request that they substitute a complete copy of all pages (even blank ones) of her passport for the birth certificate, as evidence of US Citizenship. The only reason the US citizen's birth certificate is needed in this process is to establish citizenship.

[onye uwaoma 131]

Wow! Pushbrk you are a superstar! You just hit the nail on the head with some kind of wisdom. I appreciate your reponse in this matter. You and dwheels74 are a kind people like so many others out there. Keep up the good work you sure know there's a reward for everything... Be blessed

[onye uwaoma 131]

We only sent birth cert with the i130. Can we do a letter and attach all pages of passport that has her correct name? Thank you for your time again