Birth certificate issue, need advice please!

[jamieson 5]

I am an F-1 student and I got married to my sweetheart couple of months ago. We spent some time assembling our paperwork for AOS filing(concurrent to Chicago). As we were assembling our paperwork, I stumbled upon the photocopies of my F-1 paperwork that I kept for my records and I was flabbergasted. I forgot to mention my old name for the F-1 filing.. got my name changed changed at 18(Its a full name change and it sounds more western/English). My passport, visa, all immigration documents are in my new name and ALL other documents were also changed to the new name. I want to be truthful to USCIS and at the same time I am confused as to what I should do in the new paperwork.

I consulted many immigration attorneys. They gave me mixed advice. A couple of them said that its not worth mentioning my old name now as that could get me in trouble since it was never mentioned before. While some others said that be 100% truthful to the USCIS and mention my old name. I dont know who to listen to as I thought immigration attorneys will talk the same tone but apparently not!

Can someone hep me with some advice as to what I should do. Should I not mention my old name? Should I mention my old name? Can it get me in trouble for forgetting to mention earlier? And if I do mention it, would I need to provide any additional evidence(In case they see two names on the G325A and get confused?). I was born in India, so will USCIS check with the authorities there if I ever used the old name before? This is so confusing and I would really appreciate some help. Thank you guys!

[Cheezees 1,514]

Why not just include a note explaining your error and set the record straight? Anyone who is advising you to willingly enter information that is incorrect because of a previous error is giving you horrible advice and setting you up for a denial. Good luck!

[lilac_ 3]

I would always go with honesty. If you forgot to mention it that's one thing but deciding not to now is lying to the government. Hopefully since you're the one disclosing the information they wouldn't take it as you were trying to hide it from them of you wouldn't tell them now. You can attach a separate sheet explaining the situation if you want But you wouldn't want them finding out some other way.

Edited March 3, 2016 by lilac_

[jamieson 5]

Why not just include a note explaining your error and set the record straight? Anyone who is advising you to willingly enter information that is incorrect because of a previous error is giving you horrible advice and setting you up for a denial. Good luck!

Wouldn't including a note indicate that I did not state the old name on purpose? Would I be required to submit any additional evidence stating the name change?

If I include both names now, can I get in trouble regarding the AOS process?

[lilac_ 3]

You'd need evidence of the name change if any documents submitted are in your old name, to prove that you're the same person. I changed mine but my new name is on all my documents and I was never asked for it.

[Cheezees 1,514]

Wouldn't including a note indicate that I did not state the old name on purpose? Would I be required to submit any additional evidence stating the name change?

If I include both names now, can I get in trouble regarding the AOS process?

No. Include a letter stating that you made an error and are now making a correction. Were you planning on writing you did it on purpose?

[jamieson 5]

No. Include a letter stating that you made an error and are now making a correction. Were you planning on writing you did it on purpose?

NO not at all. I thought USCIS might think so

You'd need evidence of the name change if any documents submitted are in your old name, to prove that you're the same person. I changed mine but my new name is on all my documents and I was never asked for it.

SO did you had evidence of name change? What about your birth certificate? Was that not in your old name? Did you mention both names on G325A?

[lilac_ 3]

I'm from Sweden and we don't have birth certificates, just a population registry.. So my name was updated there when I changed it. I did not send any evidence of name change and wasn't asked for it, and yes I stated my old name on all forms. The consulate when I first applied for a visa asked me why I changed my name but not for any papers.

Edited March 3, 2016 by lilac_

[jamieson 5]

I'm from Sweden and we don't have birth certificates, just a population registry.. So my name was updated there when I changed it. I did not send any evidence of name change and wasn't asked for it, and yes I stated my old name on all forms. The consulate when I first applied for a visa asked me why I changed my name but not for any papers.

So when you changed it, did you go through a process of legal change? Did you not submit any paperwork for name change during your AOS as well? Do you think I should send my paperwork or should I wait for an RFE?

[lilac_ 3]

I did go through the legal change and no except for being asked why I changed it I never sent papers or anything on it. Just stated my old name under "other names used" or whatever it is on the forms. And didn't get a RFE. But like I say the instructions say you need proof of legal name change if any documents you submit are in your old name, and mine weren't. If yours are I'd send the papers (translated if needed) with the AOS application.

[jamieson 5]

I did go through the legal change and no except for being asked why I changed it I never sent papers or anything on it. Just stated my old name under "other names used" or whatever it is on the forms. And didn't get a RFE. But like I say the instructions say you need proof of legal name change if any documents you submit are in your old name, and mine weren't. If yours are I'd send the papers (translated if needed) with the AOS application.

Ah that makes sense! Thank you for your response! Do you think its wise to include a note telling USCIS that an error was made in the past or just submit the documents and answer any questions they have during the interview?

Edited March 3, 2016 by jamieson

[lilac_ 3]

I would probably include an explanation just to be safe but I think the most important thing is just to disclose it on the forms and send the evidence, it seems like they would ask at the interview if they have questions about it. Good luck!

[jamieson 5]

I would probably include an explanation just to be safe but I think the most important thing is just to disclose it on the forms and send the evidence, it seems like they would ask at the interview if they have questions about it. Good luck!

Thanks! Do I need to have the original evidence(affidavit) of name change or just a copy? I do have the scans with me but not the original. Will that make any difference?

[Harmonia 211]

Thanks! Do I need to have the original evidence(affidavit) of name change or just a copy? I do have the scans with me but not the original. Will that make any difference?

I'd send an original copy, not a photocopy or a printed scan, if you can get it.

I was the petitioner, but I also had a legal name change so my birth certificate name was different than my marriage license, passport, etc. I enclosed an original (certified) copy every time they asked for my birth certificate.

You can write a letter explaining the mistake. On my husband's I-130, one day we looked at it and realized we'd written the wrong birth place for his mom. I don't know what we were thinking, and an attorney reviewed it too. We put his dad's birthplace instead of hers. So, I called USCIS and told them we'd be sending a letter explaining. We then sent a copy of my husband's birth certificate-remember, the immigrant's BC isn't needed for the I-130. We sent it because it showed both parent's birthplaces. We just wrote a brief letter saying there was a mistake on the I-130, she was really born at PLACE as shown on the birth certificate. I'd suggest you do the same.

Edited March 4, 2016 by Harmonia

[jamieson 5]

I'd send an original copy, not a photocopy or a printed scan, if you can get it.

I was the petitioner, but I also had a legal name change so my birth certificate name was different than my marriage license, passport, etc. I enclosed an original (certified) copy every time they asked for my birth certificate.

You can write a letter explaining the mistake. On my husband's I-130, one day we looked at it and realized we'd written the wrong birth place for his mom. I don't know what we were thinking, and an attorney reviewed it too. We put his dad's birthplace instead of hers. So, I called USCIS and told them we'd be sending a letter explaining. We then sent a copy of my husband's birth certificate-remember, the immigrant's BC isn't needed for the I-130. We sent it because it showed both parent's birthplaces. We just wrote a brief letter saying there was a mistake on the I-130, she was really born at PLACE as shown on the birth certificate. I'd suggest you do the same.

Thank you! I was just thinking that if I send a letter explaining that I forgot to mention my old name in the DS-160 for F-1 visa, the USCIS will think that that I did not mention my old name on purpose(because hardly anyone keeps copies of their old records these days, but I did) .

How would you suggest that I word the letter? It is a lot of paperwork filing I-130, I485, I-131, I-765, I-864, LOT of evidence of bonafide marriage, so I am trying to thin of a way to properly place all the documents in a way that makes life easier of the USCIS officer.