Several related AOS questions (merged threads)

[jacobschiff 0]

I came to the US on an F-1 student visa. Before I applied for the visa, I legally changed my name and hence my passport, US F-1 visa and all the documents are in my new name, except my birth certificate. Now I am married to a US Citizen and we are filing for AOS. While filing form G-325A, I stumbled upon a question of "Other names Used", where I will be filing my old name. But I was not sure if I ever filled that on my paperwork for F-1 visa(DS 160). So I checked my F-1 paperwork(as I have photocopies of it) and I completely overlooked it! I accidentally answered "No" for the same question there.

My question is, is this considered "Misrepresentation" or "Fraud"? I did not do it willingly(Hence I am gonna fill my old name now on G-325A for the AOS and where ever necessary). Is that a problem? I want to be honest and truthful in all my applications. What does this mean and how should I explain that to the Interview Officer?

Thank you for your factual and expert advice.

[newacct 688]

It needs to be material misrepresentation for there to be a ban. I don't think omitting the former name was material for that visa. In any case, you need to fill out the forms truthfully now

[akihon 129]

Full disclosure is recommended

If they ask, just explain. Better to disclose than to hide it and they find out.

Edited February 24, 2016 by akihon

[zuluweta 250]

It can be material misrepresentation if there was a denied U.S. visa under the old name and this denial was not revealed on the application form for the student visa under the new name. Hopefully, that's not the case here.

[jacobschiff 0]

My background:

I came to the US on an F-1 visa almost 4 years ago and now I am married to my USC wife for more than a year. We are preparing all our documents for the AOS and about 2 years before I came to the US, I underwent a full legal name change in the country of origin. As I was going through my old documents, I discovered that I completely forgot to mention my old name in my F-1 visa application. As you know that all the previous names are to be disclosed and I will be disclosing my old name in the AOS paperwork. My birth certificate also has my old name. I also have a name change affidavit made at the time of the name change.

My questions:

1. I consulted some attorneys on a free immigration question website(AVVO) and the recommended to prepare a cover letter stating the previous mistaken omission and disclosing all names used. Can someone please help me write or provide some verbiage as to how I should write this cover letter? I am sure many people had to write cover letters explaining different situations.

2. Should I include a copy of the name change affidavit with the cover letter and Birth certificate(which has my old name) so that the USCIS officer is not confused? I also have a newspaper advertisement stating the name change.

[Cheezees 1,514]

Click on "Example Forms" above.

[jacobschiff 0]

Hi guys, I and my wife have been married for more than a year and I am here on an F-1 visa and in status. We were just curious what did you all sent as proofs of Bona fide marriage? We are thinking of front loading the AOS paperwork with a lot of evidence since we will be getting our interview after our 2 year anniversary and hence will be getting the 10 year card instead of a 2 year conditional.

One question: Is the interview for a 2 year conditional Green Card more lenient than the 10 Year Permanent Green Card or does it looks better that we have been married for 2 years when we filed for AOS(We have also lived together for almost 4 years)

[Cheezees 1,514]

Interviews to obtain there 10-yr GC are rare, so no.

You can file for AOS 1 day after getting married as long as you are eligible. Waiting 2 years does not make your marriage any more bonafide than waiting for 2 days. Good luck!

[jacobschiff 0]

It can be material misrepresentation if there was a denied U.S. visa under the old name and this denial was not revealed on the application form for the student visa under the new name. Hopefully, that's not the case here.

Oh no that was not the case. I was never denied a visa in my old name neither do I have any criminal record in any name in the US or any where in the world.

[Pitaya 2,577]

~Several AOS-related inquiry threads merged~

~There is no need for a new thread with each AOS-related question, keep on one thread~

Pitaya

VJ Moderation