Urgent help needed

[Him & Me 4]

I hope everyone is doing well!

I came a cross a friend yesterday whose fiance (Now husband) entered the US with a K1 Visa. Of course they got married and now going to file for the adjustment of status and work permit. Here is the delima for them... From the initial I-129f application all the way to visa interview at the US embassy in Afghanistan, all of the documents were submitted under the correct name. However, when the visa was issued at the embassy they put the incorrect name as first name and his first name was used as his last name. He entered US with no problemb, but ofcourse the I-94 and their marriage certificate had to be issued as exactly as it appeared on the visa. My friend had mad infopas appoinment and discussed the situation with the immigration people of course as always they weren't helpful at all. They didn't know what could be done. They had contacted the USCIS, no hlep there either. Called DOS no answer. Had anyone with the same problem please come forward and help them with your ideas and suggestions. Anyone's input will greatly be appreciated. Thank you all for your assistance. God bless

[didopage 337]

So the visa, I-94 and marriage certificate are all wrong???

[Him & Me 4]

So the visa, I-94 and marriage certificate are all wrong???

Yes. Becuase they had to go with what the visa had the name.

[didopage 337]

But why didn't they fix the visa first? If one document is wrong, why continue with it and make the problem grow like a snow ball? Now that's quite a mess. When did they notice that the visa was wrong?

They definitely need to fix that problem with the USCIS, and then fix the marriage certificate. If the IO couldn't help, they need to schedule another appointment and try to contact someone with a higher position there.

[Harpa Timsah 13,258]

Yes, this should have been taken care of when the visa arrived. Now that you have all these documents in a wrong name, I am not sure what to do...

[Him & Me 4]

Yes, this should have been taken care of when the visa arrived. Now that you have all these documents in a wrong name, I am not sure what to do...

Now that it is done. What can we do to help them resolve this issue? I know they should have taken care of this at first but didn't noticed it until later time. Is there anything we could do to help?

[Penguin_ie 5,994]

What exactly is wrong? Did the first and last name just get switched? Or did they completely make up a new first name and but his real first name as last name?

If the first, a letter of explanation sent in with the AOS paperwork MAY be sufficient. If the second, it is more of a problem. They could claim he is not the same person. I don't think anyone can truly advice you, it is so unusual that this was not caught by the visa holder or the border officer.

[AFGgirl 0]

Hi, first of all, dont worry. My fiance came from Afghanistan too and this is how the visas in Afghanistan work. Since people dont use last name in Afghanistan, the consulate in Kabul puts FNU for the first name on the visa (FNU stands for first name unknown), then they put the first name for the last name. The same thing happened to my fiance too and its common. When we got married, they did the same thing for us. They left the first name blank since they didnt want to write FNU, and for the last name they used his first name, just like the visa.

I have a lawyer assisting with our case, I hope you also have a lawyer. My lawyer said its not a big issue and immigration should be aware that's how visas from Afghanistan are issued.

My advice to your friend is to get the help of a lawyer, but no worries, immigration should be understanding. I hope this helps!

Edited December 13, 2012 by AFGgirl

[Him & Me 4]

Hi, first of all, dont worry. My fiance came from Afghanistan too and this is how the visas in Afghanistan work. Since people dont use last name in Afghanistan, the consulate in Kabul puts FNU for the first name on the visa (FNU stands for first name unknown), then they put the first name for the last name. The same thing happened to my fiance too and its common. When we got married, they did the same thing for us. They left the first name blank since they didnt want to write FNU, and for the last name they used his first name, just like the visa.

I have a lawyer assisting with our case, I hope you also have a lawyer. My lawyer said its not a big issue and immigration should be aware that's how visas from Afghanistan are issued.

My advice to your friend is to get the help of a lawyer, but no worries, immigration should be understanding. I hope this helps!

Thank you very much for your helpful reply. I know a lot of people in this forum didn't understand what I was saying and I know it is not typical for a lot of countries to have this happened. I am glad somebody understand what we are talking about. Now, you said you have a lawyer. I don't know if my friend can afford one. They are currently going through financial difficulties, do you know if anyone with the same issue had filed without the help of a lawyer? She had call USCIS with the issue. She also made infopass appointment with the local office and they weren't much of a help. They USCIS referred her to DOS and the DOS said since the fiance( Now husband ) is already here in the US it is now the USCIS case to deal with the name issue. My friend decided to go ahead and file for AOS and use the correct name on the forms and send that a long with a letter explaining the name issue. What do you or anyone here think, is it going to be okay for her? Any help is very much appreciated. Good bless you all