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Filed: Timeline
Posted

I'm an American citizen and my newlywed wife can on a K1.  We applied for AOS and my wife received a letter back for "Request for Initial/Additional Evidence".  I don't know what to do, because I already submitted the documents.  I have described below my best guess as to why I was asked for the information again.  Should I simply submit all three documents?  Or should I also type a letter explaining why the names appear to be slightly off. 

 

Here is what the letter asks for:

"Service records and information provided on you I-765 application conflict regarding the spelling of your name.  Please submit a copy of your birth/marriage certificate and a complete English translation if the document was not originally issues in English"

 

My wife was born in South India.  The state of Ootacamund did not issue birth certificates during that time.  We originally submitted the following three documents.

- Child Dedication (Stamped & Signed from local church where she was born)

- Birth Affidavit from Parents.  Signed and notarized, by the Government of Delhi.  (Where she was living, before moving to USA)

- Original copy of Marriage Certificate.  (Issued and certified by the local courthouse in USA, where we were married.)

 

After rereading the documents, I'm guessing that the USCIS did not understand how South Indian names work.

- The church's child dedication only states my wife's first, and middle name.  This is because it's customary to take her father's first name as her last name.

- The birth affidavit states my wife's first, middle, and last name.

- Our marriage certificate states her new last name, which is my last name.  She took my last name, which is customary in USA marriages.

 

Filed: Timeline
Posted (edited)
55 minutes ago, Damara said:

Thank you Damara,

 

My wife and her parent's state they they were not issued a birth certificate.  Due to this, we had obtained and pursued the option of using an affidavit, which is considered acceptable according to USA visa instructions.  Considering that we were married locally, in the USA, the marriage certificate should not be an issue.  We even paid an additional $10 for an official copy of our marriage certificate to submit.  Her married last name is different than her name mentioned on her birth affidavit.  This is because changing one's last name due to marriage is common, so I don't know why the USCIS is asking for the documents again?  I double checked, and verified that I submitted everything correctly.  I'm at a loss as to what they think was incorrect.

 

Birth Certificate section of provided link details the following:

In cases in which a birth certificate from authorities is unavailable or contains insufficient information regarding the birth or the parents, the following documents could be accepted as secondary evidence in lieu of the birth certificate:

  • School-leaving certificate, Matriculation certificate or Certificate of Recognized Boards from the school last attended by the applicant; or, a baptismal certificate from a church.

OR

  • If none of the above can be obtained; applicants may provide a notarized affidavit executed by either a parent, if living, or another close relative older than the applicant.  This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts.
Edited by usaguy12
 
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