Birth certificate last name vs Passport last name

[CLMIKE 22]

Quick question

Please note, for the example below, this is not my fiancee's actual name, but you'll get the point.

Working on the I-129F, and I have a question. My fiance is 24 years old. For the first 24 years of her life, she always thought her last name was just Lee. When she got her first passport that her dad did for her, the last name on the passport was Lee. When he renewed it, her last name was Lee.

Her parents are divorced, and when she was working on gathering her birth certificate from her mom, her mom told her that her actual last name was Mary-Lee. Confused, she explained she's the only of the three daughters with the last name of Mary-Lee, as her younger sisters just have Lee. Sure enough, the BC has Mary-Lee with a hyphen.

All this time, she thought her name was Stephanie Anne Mary Lee with two middle names. Both Anne and Mary are listed as middle names on the passport. But on the birth certificate, it says Stephanie Anne Mary-Lee with Mary-Lee being the full last name.

So here's the questions I have.

On the I-129F, I believe I should put everything to match the birth certificate. I feel that is the official document to match, not the passport, so I'll put as her last name Mary-Lee with the hyphen. I will put that in Part 2 question 2a. 2b. and 2c.

First name: Stephanie
Middle name: Anne
Last name: Mary-Lee

Should I put the name in her passport under part 2 question 10a. 10b. and 10c (other names) or leave it blank?
Blank? or
First name: Stephanie
Middle name: Anne Mary
Last name: Lee

Since she will have to bring the passport, and the birth certificate to the interview when that day comes, does she need to try to fix her passport asap to be prepared (since we do have time since I havn't even sent the I-129F yet), or can she just explain the passport has an error if they ask?

Thanks in advance. I can't wait to get this all as perfect as possible. I'm sure I'll be a regular member until the whole thing is complete. I love this site!

[Girl from Celebes 588]

If I may not mistakenly remember, they have a section for other name used on I-129F form. Someone told me before, and he might be wrong, people supposed to filled out the passport name on the form since they would use passport very often for immigration purpose.

[CLMIKE 22]

But which is the other name? Is the other name her actual last name, Mary-Lee, or is the other name the mistake on the passport?

[Girl from Celebes 588]

If her father family name is Lee, she's suppose to use Lee as her last name, isn't she?

[CLMIKE 22]

I would think that. But I would also think the birth certificate would trump the passport. Wouldn't it?

If it makes any more sense, apparently they didn't want her younger sisters to know she had a different last name then them. So all this time they told her she had two middle names when in reality on the birth certificate she didn't.

And the hyphen isn't even part of the mom's maiden name. I checked. Lee is the dad's last name though.

[stevie b 141]

I would think that. But I would also think the birth certificate would trump the passport. Wouldn't it?

If it makes any more sense, apparently they didn't want her younger sisters to know she had a different last name then them. So all this time they told her she had two middle names when in reality on the birth certificate she didn't.

And the hyphen isn't even part of the mom's maiden name. I checked. Lee is the dad's last name though.

nope the passport would trump the birth cert.. follow passport name throughout all documents and other names used as the birth cert name.. the passport is her official ID now

[KayDeeCee 4,893]

Sounds like a mistake on the birth certificate. Can they get it amended, or is there some actual reason she has a different hyphenated last name than everyone else? I wonder how you can get a passport in a name that does not match your birth certificate. I thought that was the document used to get a passport.

I would use the one on the passport that she has used all her life, and list the hyphenated one under 'other names used'.

[CLMIKE 22]

nope the passport would trump the birth cert.. follow passport name throughout all documents and other names used as the birth cert name.. the passport is her official ID now

Ok I'm confused. Why would the passport which has an incorrect last name be correct over the birth certificate?

[CLMIKE 22]

Sounds like a mistake on the birth certificate. Can they get it amended, or is there some actual reason she has a different hyphenated last name than everyone else? I wonder how you can get a passport in a name that does not match your birth certificate. I thought that was the document used to get a passport.

I would use the one on the passport that she has used all her life, and list the hyphenated one under 'other names used'.

Well her mom says its Mary-Lee

Her dad says its just Lee

So they don't even agree. I doubt they'd change the birth certificate.

So is the consensus to just use the passport as the actual name?

Unless she wants to change her passport to the actual last name

[KayDeeCee 4,893]

Well her mom says its Mary-Lee

Her dad says its just Lee

So they don't even agree. I doubt they'd change the birth certificate.

So is the consensus to just use the passport as the actual name?

Unless she wants to change her passport to the actual last name

She could get a new passport in the name on her birth certificate, then no confusion for the immigration forms or having to try to explain to a CO why the names do not match on her documents.

Edited September 4, 2013 by Jay-Kay

[stevie b 141]

Ok I'm confused. Why would the passport which has an incorrect last name be correct over the birth certificate?

what document would she use to enter any country in the world?

this is the one to use to avoid any issues

in addition, you can always write a letter to the reason behind it.. but honestly.. the names are all there, just in different places.. her visa will be attached to the passport.. a visa is what she will eventually apply for .. I would want my visa name to match my passport name when I am asked for that wouldn't you??

[Girl from Celebes 588]

I am not aware how the law system works in your fiancee's country, but this is one example. In my country, birth certificate issued by local county and passport issued by national government agency. The higher decision is made by national government and override local county decision.

Edited September 4, 2013 by Girl from Celebes

[CLMIKE 22]

She could get a new passport in the name on her birth certificate, then no confusion for the immigration forms or having to try to explain to a CO why the names do not match on her documents.

She wants the hyphen on her green card when that day comes

Do I have to now wait on the I-129F until she fixes her passport or since they don't require a scan of the UK passport I can still file and she fix it on her own time before the interview?

[Girl from Celebes 588]

She wants the hyphen on her green card when that day comes

Do I have to now wait on the I-129F until she fixes her passport or since they don't require a scan of the UK passport I can still file and she fix it on her own time before the interview?

Oh well, if she wants the hyphen on her name then she can fixed the passport first and you file the I-129F later.

Edited September 4, 2013 by Girl from Celebes

[KayDeeCee 4,893]

She wants the hyphen on her green card when that day comes

Do I have to now wait on the I-129F until she fixes her passport or since they don't require a scan of the UK passport I can still file and she fix it on her own time before the interview?

Yes, file now and she can go ahead and get a new passport. Her passport and birth certificate are not needed until the K-1 visa interview that happens later after the I-129F petition is approved. If she wants the name that is on her birth certificate and plans to not change her name when she marries you, then she really should get the passport renewed to have the name she wants. Then list Lee for 'other names used'. I think that will fix all the confusion troubles that could have come about with mismatched documentation.