Name different in birth certificate and passport. Should I wait for change or send as it is?

[MarinaMaya 3]

I am waiting for NOA2 for my dad soon. He started a court procedure to prove that his name was changed when he was getting his first passport.

However it will take 3 months or so for court to make a decision.

Question is, when I send response to NOA 2 should I send his birth certificate as it is or attach an explanation? Or maybe some other way?

I am a U.S. Citizen and applied for my dad. He is not in the U.S. .

[Pitaya 2,577]

In order to minimize potential roadblocks and pitfalls (with associated delays) that can be inevitable in immigration journeys, suggest that you get your documentation issues straightened out.

[MarinaMaya 3]

You mean before we are sending it to uscis?

I was thinking to send it as it is then they'll ask for RFE and we will be able to send the rest at that time

[apple21 953]

Your choice. Put the passport name as the name for the i130. The birth certificate name should be on the "other names used" and a cover letter with a brief explanation should come in handy.

Edited June 7, 2015 by apple21