Need some help with AOS RFE

[Fallensoul289 0]

I have a unique situation here. I filed AOS for both my wife and her son from a previous marriage. When I filed her AOS I just filed it as her last name as her middle name and my last name as her last name. I did the same for her son. They approved her AOS but they requested more evidence for her son, proof of name change. I never legally changed either of their names. I filed their green card applications the same way so I wouldn't have to change their green cards later. My wife did research on this before we even filed I-485 and the I-131's and a lot of people so the same thing we did. My question is why did they approve hers when her legal name is still the same even though we filed it as if she had my last name, and what can I do to provide proof for our son. Also I'm active duty military so the way my wife's spouse ID is with my last name. Our son doesn't need one because he is only 4. Thanks in advance. 

[Fallensoul289 0]

I did research and all I could dig up was just call them and tell them about the error or make an appointment at a local USCIS office. 

[Transborderwife 4,666]

A little background, did your wife come as a k1 or adjust from a tourist visa?

 

a marriage licence gives your wife the right to change her legal name.  It does not however give her child the same right.  A legal name change would need to be done for the child.

[Fallensoul289 0]

26 minutes ago, Transborderwife said:

A little background, did your wife come as a k1 or adjust from a tourist visa?

 

a marriage licence gives your wife the right to change her legal name.  It does not however give her child the same right.  A legal name change would need to be done for the child.

She came from a fiance visa, and so did her son. The legal name change takes a long time I thought and we just got the RFE  just today. Is there anyway we can change his I-485 petition and 1-131 petition name? My wife wants to go back to her country but now because of this we can't because her sons case is stopped until we provide proof of name change. Is the only proof you can give a court order? How screwed are we? It took 4 months just for my wife to get Advanced parole. 

Edited February 18, 2017 by Fallensoul289
Types wrong thing

[Fallensoul289 0]

Also I'm not sure how I could even change his name, he doesn't even have a social security number. That would end up taking too long I'm sure because we would have to send things to his father in England and I know he will object to that. What other options are there? I think I can at least change the adjustment of status because they haven't even looked at the case yet.

Edited February 18, 2017 by Fallensoul289
Typed wrong thing.

[Transborderwife 4,666]

1 minute ago, Fallensoul289 said:

She came from a fiance visa, and so did her son. The legal name change takes a long time I thought and we just got the RFE  just today. Is there anyway we can change his I-485 petition and 1-131 petition name? My wife wants to go back to her country but now because of this we can't because her sons case is stopped until we provide proof of name change. Is the only proof you can give a court order? How screwed are we? It took 4 months just for my wife to get AOS. 

You would need to do a legal name change.  For example, my daughters name is Little Girl Transborderwife Daddysname.  I plan to change my last name at ROC, if I want to change hers I need to do so legally.  It's not that expensive, usually a couple hundred at most but may take some time.  I would make an info pass to ask if you can change the name on the application that part I'm unsure.

 

can her travel wait?

[Fallensoul289 0]

1 minute ago, Transborderwife said:

You would need to do a legal name change.  For example, my daughters name is Little Girl Transborderwife Daddysname.  I plan to change my last name at ROC, if I want to change hers I need to do so legally.  It's not that expensive, usually a couple hundred at most but may take some time.  I would make an info pass to ask if you can change the name on the application that part I'm unsure.

 

can her travel wait?

Well we just found out she's pregnant so she didn't want to travel when she was very pregnant and plus the military might send me away for 30 days. Do you think calling USCIS customer service on Tuesday and explaining what happened would be a waste of time and I should just try and do an info pass appointment? 

[Transborderwife 4,666]

4 minutes ago, Fallensoul289 said:

Well we just found out she's pregnant so she didn't want to travel when she was very pregnant and plus the military might send me away for 30 days. Do you think calling USCIS customer service on Tuesday and explaining what happened would be a waste of time and I should just try and do an info pass appointment? 

I'd do the info pass, the misinformation line is notoriously just that

[Transborderwife 4,666]

And congrats 

[Fallensoul289 0]

Name change is out of the question. For info pass what exactly do I need? The nearest office has no appointments for two weeks but one that's 3 and a half hours away does. I'll do what I have to. Any othe advice is welcomed though. 

[Transborderwife 4,666]

Just now, Fallensoul289 said:

Name change is out of the question. For info pass what exactly do I need? The nearest office has no appointments for two weeks but one that's 3 and a half hours away does. I'll do what I have to. Any othe advice is welcomed though. 

Unfortunately I have no advice on that part sorry :/ perhaps someone else can advise.  

[Fallensoul289 0]

2 minutes ago, Transborderwife said:

Unfortunately I have no advice on that part sorry :/ perhaps someone else can advise.  

I appreciate you replying at least. My wife is freaking out over this which I can understand. The pregnancy hormones don't help. She got her advanced pratice today and then saw for our son he needed evidence of name change. I hope I don't have to re file both his i485 and i131 again. If I have to I can try and have it expeidited at least for the i131. 

[f f 725]

the i131 for your son might not be valid for reentry until it is changed to his correct name since they have no way to connect the name to the passport. I would do the 3.5 hour drive tell them of your mistake and ask to get a document for ap so he is able to travel.

 

good luck

[Fallensoul289 0]

19 minutes ago, f f said:

the i131 for your son might not be valid for reentry until it is changed to his correct name since they have no way to connect the name to the passport. I would do the 3.5 hour drive tell them of your mistake and ask to get a document for ap so he is able to travel.

 

good luck

Okay I get that. Will they change that? I already got an RFE for his i131. I need to change his i485 too but they haven't started to look at that yet because they are behind. They won't issue him any paperwork because they need evidence of name change but we never changed his name. In hindsight I should of knew better but this is my first time ever doing any immigration paperwork and my wife researched a lot and said other people did it that way. I really hope I can correct it. I'm going to call Tuesday to at least change the i485 paperwork. I read on a lawyers website that it's easier to change over the phone as long as they haven't started to look at the case and process it.