B-2 Visa Application: Issue with Mother’s Name on Sponsor’s Passport

[KyleSmith07 0]

My wife, Jane Wilson, came to the United States approximately one year ago on a K1 Fiancé Visa, and we were married within 30 days of her arrival. We submitted her I-485 and had our first interview, but her application is still in process and we have a second interview scheduled next month.

My wife would like to bring her mother, Anna Wilson, to visit the United States on a B-2 Tourist Visa sometime next year. She is currently in her home country visiting friends and family, including her mother, and she would like to start working on her B-2 Tourist Visa application while she is there (submit form DS-160, biometrics, attend the interview, etc.).

Unfortunately, there is a significant issue regarding her mother’s name. Although her mother’s legal name is Anna Wilson, and this is the name on her Government ID and the name she uses for all banking and business transactions, all of my wife’s legal and immigration documents list her mother’s name as Zeta Wilson. This is a critical issue, since we need to prove to USCIS that Anna Wilson has a valid reason for wanting to visit the United States (in this case, to visit her daughter). Consider the following facts:

• Her mother’s name on her Passport is listed as Zeta Wilson
• Her mother’s name on her Birth Certificate is listed as Zeta Wilson. It is not possible to get an updated Birth Certificate with the name Anna Wilson.
• The only “formal” document that lists her birth mother’s name as Anna Wilson is her College Graduation Certificate.
• There is no evidence (formal or informal) that Anna Wilson ever used the name Zeta Wilson in the past.
• She did not change her name from Zeta to Anna when getting married.
• Zeta Wilson is the name that my wife has used on all immigration-related documents submitted to USCIS thus far.

In some way, my wife needs to prove that that Anna Wilson is the correct name of her birth mother. Without a valid birth certificate, my wife could draft and sign a notarized affidavit stating that Anna Wilson is the correct name of her birth mother, and Anna Wilson could draft and sign a notarized affidavit stating that she is the birth mother of my wife Jane Wilson. In addition, she could present other evidence that Anna Wilson is the correct name of her birth mother, including photos of them together throughout their life, Anna Wilson’s IDs Cards, Anna Wilson’s Bank Statements and Property Ownership Statements, the College Graduation Certificate mentioned above, etc. With this evidence in mind, in our opinion there are two ways for us to proceed, each with its own drawbacks:

• We change the name of her mother on her Passport. Unfortunately, this creates a couple of problems: (1) In absence of a Birth Certificate, there’s no guarantee that the aforementioned evidence would be enough to prove that that Anna Wilson is the correct name of her birth mother. (2) With my wife’s I-485 AOS / Green Card application still not finalized, and her eventual goal of becoming a citizen, the changing her mother’s name on her Passport may create problems, now or in the future, especially considering that the name Zeta Wilson has been used on all forms and immigration documentation thus far.
• When applying for her B-2 Visa, Anna Wilson could list Zeta Wilson as an “other” name. This, coupled with the evidence listed above, hopefully wouldn’t raise any red flags with USCIS. However, there are a couple of issues with this option as well: (1) We can’t predict how USCIS will react to this (or if they will care at all). (2) This is really just a temporary solution, and it might create more problems down the road, especially if my wife tries to change her mother’s name on her passport at a later time, or when it becomes time for her to apply for citizenship.

Once my wife becomes a citizen (within the next 5 to 10 years) she would like to bring her mother to the United States permanently on a Dependent Visa, so we want to ensure that the actions that we decide to take now for her B-2 Visa do not negatively impact our ability to obtain a Dependent Visa in the future. Furthermore, we don’t want any actions that we take to negatively impact my wife’s pending I-485 AOS / Green Card application or her future ability to become a United States citizen. Ideally, we would like to do the right thing and resolve this issue completely before moving forward with her mother’s B-2 Visa.

Do you think the options mentioned above are valid? Are there any other potential options that we haven’t thought of? Is this situation complex enough that it requires an immigration attorney?

We are at a loss at the moment, and would truly appreciate any advice that you may have.

Thanks in advance for the help.

-Kyle-

Edited September 18, 2015 by KyleSmith07