Dilemma - Old Tourist Visa w/ Wrong Spelled Name, and New K-1 Visa w/ Correct Spelled Name

[ZoieAndEvan 0]

Greetings,

I will make this short and simple.

I'm in the process of filling out the I-129f form so that my fiancee can come live with me here in the USA. There is one thing that haunts me with Question # 15. on whether or not she has ever visited the USA before.

-My fiancee's original Filipino birth certificate was misspelled. One letter in her first name was left out. She was still able to get a tourist visa last year to come and visit her sister who had petitioned her.

-Last year she got her birth certificate fixed to the correct spelling of her name through NSO.

So......On question 15 should I check the box that she has been in the USA or not? Will it just complicate things even more and confuse USCIS if i do check it since that was with the wrong spelling of her name when she came here on the tourist visa?

In a way I'm lying if I check "no" that she has never been here before when her and I know she has.

Im worried about it and would like some feedback.

thanks,

Evan

[khwaidee1 196]

I'm confused, if she came to the U.S. before how could the answer be anything but yes? You're not "in a way" lying if you answer no, you are lying. It is not good to lie or withhold information during this process as I'm sure others will chime in. Explaining a misspelling is much easier than explaining a lie, IMHO.

[nightingalejules 678]

"In a way?" No, you'd be flat out lying if you said she'd never been to the US before.

Never lie to immigration.

It is possible that it might complicate things slightly with the old misspelling, although I doubt it. If, however, you lie and they find out, that is misrepresentation and carries a lifetime ban.

[ZoieAndEvan 0]

Yes True. She does have her corrected NSO birth certificate now so there should not be any problems even if questions are asked about it.

[sweet cakes 326]

Yep. Agreed with nightingalejules. All forms and submitted information should all be true and truthful, otherwise you and/or fiancee will face a lifetime ban. She must have a new passport now with the correct name, but her fingerprints will still match when they do a check. so the embassy will find out eventually.

[apple21 953]

You should answer "yes she's been in the US".

If there are questions like "other names used", her misspelled name should be put there.

[JohnR! 5,495]

Greetings,

I will make this short and simple.

I'm in the process of filling out the I-129f form so that my fiancee can come live with me here in the USA. There is one thing that haunts me with Question # 15. on whether or not she has ever visited the USA before.

-My fiancee's original Filipino birth certificate was misspelled. One letter in her first name was left out. She was still able to get a tourist visa last year to come and visit her sister who had petitioned her.

-Last year she got her birth certificate fixed to the correct spelling of her name through NSO.

So......On question 15 should I check the box that she has been in the USA or not? Will it just complicate things even more and confuse USCIS if i do check it since that was with the wrong spelling of her name when she came here on the tourist visa?

In a way I'm lying if I check "no" that she has never been here before when her and I know she has.

Im worried about it and would like some feedback.

thanks,

Evan

The truth is that she has visited the US so if you lie on the application it will quite possibly delay the process. You will be able to disclose the name under which she traveled to the US in questions 9a & 9b. She did not do anything wrong. She simply changed (or corrected) her name. You are over thinking.

[ZoieAndEvan 0]

The truth is that she has visited the US so if you lie on the application it will quite possibly delay the process. You will be able to disclose the name under which she traveled to the US in questions 9a & 9b. She did not do anything wrong. She simply changed (or corrected) her name. You are over thinking.

Looks like 9a,9b,9c are for petitioner and 10a ,10b,10c are for beneficiary. Either way I see what you mean to just go ahead and disclose it.

I can also send in a copy of her official NSO birth certificate that has correct spelling along with my I-129f petition. What happens when she goes to interview and they have the record of the old misspelled birth certificate still from her prior tourist visa to the USA? Will she be okay as long as she shows her new BC and new passport with correct spelled name to the interviewer?

thanks for all the replies.......

[JohnR! 5,495]

Looks like 9a,9b,9c are for petitioner and 10a ,10b,10c are for beneficiary. Either way I see what you mean to just go ahead and disclose it.

I can also send in a copy of her official NSO birth certificate that has correct spelling along with my I-129f petition. What happens when she goes to interview and they have the record of the old misspelled birth certificate still from her prior tourist visa to the USA? Will she be okay as long as she shows her new BC and new passport with correct spelled name to the interviewer?

thanks for all the replies.......

You're right... 10a & b... Sorry...

When she goes to her interview all she need do is show her corrected BC and explain she had it done. For all intents and purposes it is as though she had changed her name, except in this case, the modification was small enough to justify a redaction on her BC. The important thing is that her name be the same in the new BC and passport.

[ZoieAndEvan 0]

You're right... 10a & b... Sorry...

When she goes to her interview all she need do is show her corrected BC and explain she had it done. For all intents and purposes it is as though she had changed her name, except in this case, the modification was small enough to justify a redaction on her BC. The important thing is that her name be the same in the new BC and passport.

Her and I had discussed this a lot but now I feel better about it. I will have her read this thread. Thanks so much!

-Evan