Do I need an I601 waiver for this? Am I being paranoid? (merged)

[chimichanga 3]

I came to the USA on an F-1 visa about 4 years ago. I have been married to my wife who is a US citizen for over a year. We are planning to file for AOS close to our 2 year anniversary. I have a question.

About 2 years before I entered the USA, I had a complete name change(first and last). The reason for the change was a religious conversion(From Buddhism to Christianity, if that matters).

When I filed my application for the F-1 visa, I forgot to mention my old name in the "Other names used" field. I just saw this as I was going through my documents. My heart dropped. I did not conceal my old name intentionally but forgot to mention it.

Anyhow, I will be mentioning my old name for AOS as it is required and I wish to tell the truth.

Is this considered material misrepresentation? Will my AOS be affected because of this? I have nothing to hide. I do not have any criminal history in any country and I was never denied a visa in my old name.

Any recommendations? Some of my friends have told me to write a cover letter stating the mistake and that its not that big of a deal, but I wanted to see what experienced members of VJ have to say about this?

Thank you and have a wonderful day!

[Harpa Timsah 13,258]

Not material unless old name has a history. You say it does not so it should be okay.

[chimichanga 3]

Not material unless old name has a history. You say it does not so it should be okay.

Thanks Harpa! And by history, you mean criminal history right?

[Harpa Timsah 13,258]

Anything that would have influenced their decision to issue the visa. The material part in material misrep is the fact that the lie/omission would have changed their decision, if they had known. By history I mean any history that would have made you ineligible — failed visas, criminal, drug charges, whatever. If nothing, then seems to be an honest mistake, whch makes it plain old misrep, not material. Though they do ask clearly for former names used... not sure how it got forgotten. Good luck.

Edited April 15, 2016 by Harpa Timsah

[chimichanga 3]

Anything that would have influenced their decision to issue the visa. The material part in material misrep is the fact that the lie/omission would have changed their decision, if they had known. By history I mean any history that would have made you ineligible — failed visas, criminal, drug charges, whatever. If nothing, then seems to be an honest mistake, whch makes it plain old misrep, not material. Though they do ask clearly for former names used... not sure how it got forgotten. Good luck.

Thanks. I do not have any former charges criminal/visa/drug related. Honestly I don't even know how it got left out either.

So it still being a misrepresentation(non material) will it affect the AOS?

Edited April 15, 2016 by chimichanga

[chimichanga 3]

Oh and although I have no dirt to hide, how does USCIS determine if the person has any criminal history or not? TO check the materiality of the misrepresentation?

[Dakine10 5,452]

Oh and although I have no dirt to hide, how does USCIS determine if the person has any criminal history or not? TO check the materiality of the misrepresentation?

One of the reasons USCIS does a background check.

The materiality is a determination of whether the fact stated (or omitted) is significant or insignificant to the benefit being procured. As a general rule the misrepresentation also has to be made willfully. If someone purposely omitted a name change because the previous name had a criminal history, that would be willful misrepresentation of a material fact. When discovered, it would lead to inadmissibility. Forgetting to write a previous name is neither willful or material.

If you want to write a letter explaining that's fine. You need to have the received the first notice of action from USCIS. You can send the letter with the NOA1 number on it to them. Many question if unsolicited mail would ever make it to the person reviewing your case though. If USCIS notices the omission, they may send a RFE, and you can respond with the explanation you gave here. Lastly, you can bring it up at the start of your AOS interview.

[chimichanga 3]

One of the reasons USCIS does a background check.

The materiality is a determination of whether the fact stated (or omitted) is significant or insignificant to the benefit being procured. As a general rule the misrepresentation also has to be made willfully. If someone purposely omitted a name change because the previous name had a criminal history, that would be willful misrepresentation of a material fact. When discovered, it would lead to inadmissibility. Forgetting to write a previous name is neither willful or material.

If you want to write a letter explaining that's fine. You need to have the received the first notice of action from USCIS. You can send the letter with the NOA1 number on it to them. Many question if unsolicited mail would ever make it to the person reviewing your case though. If USCIS notices the omission, they may send a RFE, and you can respond with the explanation you gave here. Lastly, you can bring it up at the start of your AOS interview.

Thank you for this. I also have an affidavit of name change made at the time of the name change. It is notarized. The country of origin does not require court orders for name changes.

Do you think I should include that with the package or wait to see if they send an RFE? Is sending a cover letter with this explanation is wise or should I wait for an RFE there too?

Is there a link to the information you posted?

[Dakine10 5,452]

Thank you for this. I also have an affidavit of name change made at the time of the name change. It is notarized. The country of origin does not require court orders for name changes.

Do you think I should include that with the package or wait to see if they send an RFE? Is sending a cover letter with this explanation is wise or should I wait for an RFE there too?

Is there a link to the information you posted?

Here is how USCIS looks at willful misrepresentation and fraud.

If it was me, I would just have copies of that document at the interview and then inform the interviewer that I realized I had omitted the previous name information. If they do send a RFE, then respond to that. Unless it was keeping me up at night, I personally wouldn't send any unsolicited correspondence unless it was about something significant.

If you do decide to send anything in ahead of time though, don't send the original affidavit. You won't get it back.

[chimichanga 3]

Here is how USCIS looks at willful misrepresentation and fraud.

If it was me, I would just have copies of that document at the interview and then inform the interviewer that I realized I had omitted the previous name information. If they do send a RFE, then respond to that. Unless it was keeping me up at night, I personally wouldn't send any unsolicited correspondence unless it was about something significant.

If you do decide to send anything in ahead of time though, don't send the original affidavit. You won't get it back.

Thank you Dakine! On a side note, I really like your Trump-Bernie gif lol! Nasdrovia!

[chimichanga 3]

I came to the USA on an F-1 visa about 4 years ago. I have been married to my wife who is a US citizen for over a year. We are planning to file for AOS close to our 2 year anniversary. I have a question.

About 2 years before I entered the USA, I had a complete name change(first and last). The reason for the change was a religious conversion(From Buddhism to Christianity, if that matters).

When I filed my application for the F-1 visa, I forgot to mention my old name in the "Other names used" field. I just saw this as I was going through my documents. My heart dropped. I did not conceal my old name intentionally but forgot to mention it.

Anyhow, I will be mentioning my old name for AOS as it is required and I wish to tell the truth.

Is this considered material misrepresentation? Will my AOS be affected because of this? I have nothing to hide. I do not have any criminal history in any country and I was never denied a visa in my old name.

Any recommendations? Some of my friends have told me to write a cover letter stating the mistake and that its not that big of a deal, but I wanted to see what experienced members of VJ have to say about this?

Do I even need a waiver for this? I know you have to file waivers after denial but do you think it's that big a deal or I am being paranoid?

Thank you and have a wonderful day!

[Penguin_ie 5,997]

Since you had nothing to hide under your old name, it would not have led to the denial of your F1 visa if you had mentioned the old name, and thus it is NOT material missrepresentation. They may not even realise you forgot to mention it the first time if you mention it now (since you will need birth cert for this one); if they do realise it, you will likely get some questions about it at the interview, but it should not be a major issue.

[chimichanga 3]

Since you had nothing to hide under your old name, it would not have led to the denial of your F1 visa if you had mentioned the old name, and thus it is NOT material missrepresentation. They may not even realise you forgot to mention it the first time if you mention it now (since you will need birth cert for this one); if they do realise it, you will likely get some questions about it at the interview, but it should not be a major issue.

Thank you queen Penguin! I also have had an affidavit of name change made in the country of origin. Should I include it in the initial paperwork I send in for AOS or just take it at the time of interview?

Edited April 26, 2016 by chimichanga

[Penguin_ie 5,997]

I'd include it, better send too much than too little.

[chimichanga 3]

Hello, I am currently an in status F-1 student. Before I came to the US, I underwent a full legal name change(first and last). My new name is anglicized. All my documents are in my new name except my birth certificate. I forgot to mention my old name in my F-1 application. I have been here in the US for about 4 years. I have been married to my wife for more than a year and we are planning to file close to our 2 year anniversary so that we can directly file for the permanent 10 year Green Card.

I was talking to a person on an immigration website about this issue and they said that since I forgot to mention my old name on my F-1 application, USCIS will treat my status as having "no status at all" since I mistakenly omitted my old name. Now the factor which I think is very important is that I do not have any criminal record on my old name whatsoever, either in the US or elsewhere. My record is squeaky clean and of course, USCIS and FBI will do background checks on me which I have nothing to be afraid of. It was just an honest mistake.

I know that in order to have "entered legally" a person needs to be "inspected by an immigration officer". How can one then, have "no status at all"?

Since we will be married close to 2 years, we are planning to front load our application with joint evidence spanning more than 3 years(We've been together for more than 3 years). Please see if this is good evidence and advise if we need to add anything else.

• Drivers Licenses of me and my wife showing the same address
• Joint apartment leases for 3 places in 2 states spanning 3.5 years
• Joint car ownership for 2 years
• Joint car insurance for 2 years
• Another joint car insurance for 1 year
• Rental insurance joint 1 year
• Joint Pet Ownership for 1 year
• Joint checking and Savings Bank accounts for 3 years
• Joint credit card for almost 2 years
• Joint Federal and State Taxes for 2 years
• Her life insurance showing me and her kids as beneficiaries
• Tons and tons of pictures of me and her family in different vacation spots.
• Joint Alaska Cruise Pictures
  

Thank you for your answers and advice. Your input is much appreciated. Have a wonderful day!