RFIE for I765/I131 "Name does not match USCIS Records"

[NikLR 13,227]

11 hours ago, K1visaHopeful said:

In Canada you need a government issued ID in the name you wish to change it to in order to apply for a new passport to change your name. Unfortunately my Married name SSN didnt come through nor could I apply for a DL in my state without the EAD. So I'm stuck in the revolving door. Thanks for the suggestion.😞

You need your marriage certificate to change your passport.  That's it.  I changed mine before immigrating.   The issue is, finding a guarantor since it's essentially a new passport not a renewal.  But you could send it to friends and family in Canada first if youd like.  The hard part is finding appropriate photos down here!

 

Before that though I would check with your state to make sure your certificate is the correct one.  Send a certified copy if you need to.  Make sure your maiden name is spelt correctly on there as well and that the county clerk also recorded it correctly.  Check your AOS forms for any spelling errors too.   

[Loren Y 2,755]

12 hours ago, eckoin said:

With the number of posts on VJ about name change after marriage, I wonder why people still bother. There are times where I think I might as well change my last name to match my husband and child, and then I see more posts about issues and think, nah. So many documents to adjust. 

 

I know this isn't helpful to your conundrum, but to anyone else reading - consider doing it later? If at all? 

I agree with you on this one. My wife didn't change her name either. Looked like too much hassle, and it doesn't make you any less married if you don't change your name. But, I do understand for some cultures and people it is an important thing to take their husbands name. I was researching this a week or so ago and just now here in the US there is starting to be a pretty big shift in women not changing their names, I believe they said not changing names is up by over 20% from just 5 years ago, so it is becoming more polular for women to keep their name after marriage, but I think their poll said still over 60 percent believe the woman should take their husbands last name, so to each their own.

 

Now, to help out the OP, I just checked my MC and it only has her married name on it, it doesn't show her maiden name, granted she didn't change it , but they only list one name ( The married one). Here in Nevada though you can get a certified copy of the marriage license ( I got one and sent it with my petition anyway, even though probably not needed I have learned more is better with USCIS). This included all the important information you might need such as both our parents names, her maiden name, number of previous marriages if any, etc. Maybe when you call the clerks office you can see if they have a certified copy of your marriage license available, that will show the name change and might be what they need.

[Pengunista 221]

5 hours ago, AK_2014 said:

Another data point here.

 

My understanding is that marriage certificates vary by state. Mine lists only the names of both parties before the marriage occurs, i.e. maiden names, and has no designated space of any sort to record married names. There were no issues with USCIS.

 

Hope you can get yours sorted out!

Yeah it does, coz I got married in California, my marriage certificate has list of names for groom and bride which have my maiden name and on the bottom part has a slot that says name change and that’s where my new name is listed. 

[K1visaHopeful 2,814]

5 hours ago, NikLR said:

You need your marriage certificate to change your passport.  That's it.  I changed mine before immigrating.   The issue is, finding a guarantor since it's essentially a new passport not a renewal.  But you could send it to friends and family in Canada first if youd like.  The hard part is finding appropriate photos down here!

 

This is why I didnt bother to try to change my passport yet:

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/change-name.html

 

"Change of surname (last name) due to relationship status change

 

You need to apply for a new passport when changing your surname (last name) following a relationship status change, such as marriage or divorce. You will need to include all the required documents for a new adult general application and pay the full fee.

 

You also need to include one or more of the following documents, depending on the situation:

 

marriage certificate(s)common-law relationship certificate(s)court order issued in or outside Canada, such as:separation agreementdivorce order/judgmentcertificate(s) to dissolve a registered common-law relationshipresumption of surname certificate(s)

 

These documents must:

 

show the surname (last name) you’re asking to have on your new passportbe in English or French (see translations)

 

Your guarantor doesn’t need to sign a copy of the documents listed above.

 

The identification you provide with your application will need to show your new surname (last name)."

 

I dont have any ID in my new name because in my state I need both an EAD and SSN in my married name to get state ID.

 

Edited March 24, 2019 by K1visaHopeful

[Villanelle 4,122]

23 hours ago, K1visaHopeful said:

Does anyone have any USCIS EVIDENCE that proves that my marriage certificate that only states my maiden name rather than both my married name AND my maiden name is a valid. 

 

I COMPLETELY understand that I can elect to take my spouse's married name simply because it is listed on our MC but I got an RFIE for both I765 and I131 for "the name you provided on Form XXX does not match your name in other USCIS records".

 

I totally understand too that they could have simply lost my MCs but the RFIE goes on to state "Provide evidence that the name change was completed according to the relevant state (or foreign) law" so my concern is that line there as I have no evidence that the name change is actually legal.

 

I'm going to call the county clerk on Monday to find out if they can issue you me something that states that MCs in their county don't indicate the new married name and only the maiden name.  What do you think?

Many jurisdictions do NOT list the new married name anywhere on the marriage certificate. Many do and many do not. There is no USCIS memo or policy that I can think of to support this because USCIS just has the general policy of 'if its legal in the jurisdiction then its legal to us'. Youd have to dig around for local jurisdiction policy/law saying a name change at marriage is legit but honestly you do NOT need to do that!

 

I understand wanting to send back the RFIE with something concrete but it would be a waste of your time to go finding some law to support your position. Most likely it was an error on their part that it got sent back. Like you said maybe the MC wasnt attached, maybe it was just an oversight. I dunno. It doesnt matter. Send it back in ASAP with a cover letter stating you are changing your name based on the marriage certificate (copies attached) and make sure the forms are filled out in the married name. 

[Pengunista 221]

1 minute ago, K1visaHopeful said:

This is why I didnt bother to try to change my passport yet:

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/change-name.html

 

"Change of surname (last name) due to relationship status change

 

You need to apply for a new passport when changing your surname (last name) following a relationship status change, such as marriage or divorce. You will need to include all the required documents for a new adult general application and pay the full fee.

 

You also need to include one or more of the following documents, depending on the situation:

 

marriage certificate(s)common-law relationship certificate(s)court order issued in or outside Canada, such as:separation agreementdivorce order/judgmentcertificate(s) to dissolve a registered common-law relationshipresumption of surname certificate(s)

 

These documents must:

 

show the surname (last name) you’re asking to have on your new passportbe in English or French (see translations)

 

Your guarantor doesn’t need to sign a copy of the documents listed above.

 

The identification you provide with your application will need to show your new surname (last name)."

 

 

I hear you, it’s the same in the Philippines. I can’t just go to the Philippine consulate in SF and show then my marriage certificate and file a passport renewal form in my new name. I would need to file a ROM ( Report of marriage) first. And if I file an ROM before my one year of being married, if I don’t then I would need to write a letter on top of it. 

 

Regarding your RFIE, just like you said, I suggest you do call the county clerk and ask if there is in their record to show the name change and if they said no, that it’s soemthing automatic in Georgia, then maybe ask if they can write a letter or something saying that and for then to sign it and possibly certified it. And then make copies of it and send it along with another copy of your MC. 

 

When you applied for the marriage license did they ask you if you will do a name change? 

[K1visaHopeful 2,814]

6 minutes ago, Pengunista said:

I hear you, it’s the same in the Philippines. I can’t just go to the Philippine consulate in SF and show then my marriage certificate and file a passport renewal form in my new name. I would need to file a ROM ( Report of marriage) first. And if I file an ROM before my one year of being married, if I don’t then I would need to write a letter on top of it. 

 

Regarding your RFIE, just like you said, I suggest you do call the county clerk and ask if there is in their record to show the name change and if they said no, that it’s soemthing automatic in Georgia, then maybe ask if they can write a letter or something saying that and for then to sign it and possibly certified it. And then make copies of it and send it along with another copy of your MC. 

 

When you applied for the marriage license did they ask you if you will do a name change? 

We got married in TN. 

But yes that's my intentions...to ask for something that verifies that the MC with just the maiden name they provided me is all they issue.

 

They did not verbally ask me if I would be changing my name and there were not any boxes on the marriage license we filled out in the county we married that asked for future names. If there was I would have input my new name. They just input our names as per our ID on the license. 

 

We only had to sign the marriage license with the officiant. The official MC wasnt even signed by any of us. Just the county clerk.

[K1visaHopeful 2,814]

14 minutes ago, username_taken said:

Many jurisdictions do NOT list the new married name anywhere on the marriage certificate. Many do and many do not. There is no USCIS memo or policy that I can think of to support this because USCIS just has the general policy of 'if its legal in the jurisdiction then its legal to us'. Youd have to dig around for local jurisdiction policy/law saying a name change at marriage is legit but honestly you do NOT need to do that!

 

I understand wanting to send back the RFIE with something concrete but it would be a waste of your time to go finding some law to support your position. Most likely it was an error on their part that it got sent back. Like you said maybe the MC wasnt attached, maybe it was just an oversight. I dunno. It doesnt matter. Send it back in ASAP with a cover letter stating you are changing your name based on the marriage certificate (copies attached) and make sure the forms are filled out in the married name. 

Yes I'm doing just that (cover letter with clear explanation of my maiden name and married name with two new MCs). The I765 and I131 were filled out appropriately. I'm the biggest shout'er out'er in these forums to fill everything out in your married name with maiden listed as other so it's kind of ironic this is happening to me, lol.

 

I know I dont have to do the extra but I'd ust feel better if I have the evidence from the county that their MCs only mention the maiden name. Thanks for your support. 

[Scandi 4,166]

The marriage certificate IS proof of LEGAL name change, even if only the maiden name is on it. Too bad some USCIS employees don't seem to know what they're doing, or lose stuff.

 

I sent a copy of my marriage certificate with all three applications for this very reason, to be sure each application had proof of name change. I'm sure you did too but was unlucky enough to end up with an employee who isn't the sharpest knife. Send the MC again and write an explanation I guess.

[K1visaHopeful 2,814]

1 minute ago, Scandi said:

The marriage certificate IS proof of LEGAL name change, even if only the maiden name is on it.

Too bad some USCIS employees don't seem to know what they're doing, or lose stuff.

 

I sent a copy of my marriage certificate with all three applications for this very reason, to be sure each application had proof of name change. I'm sure you did too but was unlucky enough to end up with an employee who isn't the sharpest knife. Send the MC again and write an explanation I guess.

We are submission twins, lol. Just frustrating.

[NikLR 13,227]

3 hours ago, K1visaHopeful said:

This is why I didnt bother to try to change my passport yet:

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/change-name.html

 

"Change of surname (last name) due to relationship status change

 

You need to apply for a new passport when changing your surname (last name) following a relationship status change, such as marriage or divorce. You will need to include all the required documents for a new adult general application and pay the full fee.

 

You also need to include one or more of the following documents, depending on the situation:

 

marriage certificate(s)common-law relationship certificate(s)court order issued in or outside Canada, such as:separation agreementdivorce order/judgmentcertificate(s) to dissolve a registered common-law relationshipresumption of surname certificate(s)

 

These documents must:

 

show the surname (last name) you’re asking to have on your new passportbe in English or French (see translations)

 

Your guarantor doesn’t need to sign a copy of the documents listed above.

 

The identification you provide with your application will need to show your new surname (last name)."

 

I dont have any ID in my new name because in my state I need both an EAD and SSN in my married name to get state ID.

 

Your marriage certificate has your husband's last name on it right?  You're asking to change to that name right? So that's ALL you need.  Yes i KNOW how this works.  I did it in 2012 and they haven't changed any rules since then. 

 

Anyhow you can change you SIN as well or just wait for your EAD and SSN obviously. 

 

regardless you didn't say if you checked everything to make sure everything was exactly right or that the county clerk had recorded your information correctly.  Did you send a mc with each petition?

Edited March 24, 2019 by NikLR

[K1visaHopeful 2,814]

1 hour ago, NikLR said:

Your marriage certificate has your husband's last name on it right? 

Of course, I understand how that is supposed to give me the legal right to use his name as mine simply because his is on it. 

You're asking to change to that name right? So that's ALL you need.  Yes i KNOW how this works.  I did it in 2012 and they haven't changed any rules since then. 

I know how it's supposed to work too though.

Anyhow you can change you SIN as well or just wait for your EAD and SSN obviously. 

To amend your SIN name from outside of Canada you need to submit original documents by mail. I really cant risk sending away my only original copies of ID right now. Not sure what applying for that would afford me though as it would have no photo. 

 

regardless you didn't say if you checked everything to make sure everything was exactly right or that the county clerk had recorded your information correctly.  Did you send a mc with each petition?

I have checked everything. I applied in my married name with my maiden name as "other names" on my I765 and applied for my I131 in my married name and there is no question asking for other name on that form.

I submitted a copy of my BC, my passport bio page, my K1 Visa stamp page with entry stamp, my I94, 2 passport photos, a copy of my certified MC with a raised county seal with only my maiden name listed but my husband's last name is on it plus a copy of my Noa1, Noa2, and Nvc letters from my K1 visa process. One of everything above for I765 and one of everything above for I131. I didnt miss anything. Which is why I posed my original question and think they could have lost my MCs.

[NikLR 13,227]

3 minutes ago, K1visaHopeful said:

I have checked everything. I applied in my married name with my maiden name as "other names" on my I765 and applied for my I131 in my married name and there is no question asking for other name on that form.

I submitted a copy of my BC, my passport bio page, my K1 Visa stamp page with entry stamp, my I94, 2 passport photos, a copy of my certified MC with a raised county seal with only my maiden name listed but my husband's last name is on it plus a copy of my Noa1, Noa2, and Nvc letters from my K1 visa process. One of everything above for I765 and one of everything above for I131. I didnt miss anything. Which is why I posed my original question and think they could have lost my MCs.

Its possible they have

[Pengunista 221]

4 hours ago, K1visaHopeful said:

I have checked everything. I applied in my married name with my maiden name as "other names" on my I765 and applied for my I131 in my married name and there is no question asking for other name on that form.

I submitted a copy of my BC, my passport bio page, my K1 Visa stamp page with entry stamp, my I94, 2 passport photos, a copy of my certified MC with a raised county seal with only my maiden name listed but my husband's last name is on it plus a copy of my Noa1, Noa2, and Nvc letters from my K1 visa process. One of everything above for I765 and one of everything above for I131. I didnt miss anything. Which is why I posed my original question and think they could have lost my MCs.

I’m pretty sure that they lost your MC, because I’m also sure that you are not the only one who has submitted forms with that kind of MC, and most people seems to not have any issue with it. I think sending another set of MC along with whatever info you will get from the county clerk is enough to fix your RFIE

[K1visaHopeful 2,814]

K guys,

 

I called the county clerk. She confirmed that the MC I have is what their county issues. Both parties names are only listed in the maiden name, it will never list the new married names and it is not signed by either spouses or officiant. It's just signed by them at the CC Office. The marriage license wouldnt have my married name on it either as they dont ask that she said so there was no bothering to order that either.

 

I also called USCIS and spoke with a lovely guy named Rick. He said it's common for the adjudicator to not understand MCs and to just submit another copy and to write a memo clearly stating my maiden name, my new married name and to explain that's how the MC is in that county. He said they probably lost it or I got a new guy processing my case even before I had to mention it.

 

Package is in the mail this afternoon with two other MC's with my husband's surname noted with a sticky arrow plus the other maiden name identifying docs they asked for.

 

Let's hope this works! I'll update with results for others who have the same issue in the future.

 

Thanks for your advice y'all! ❤

Edited March 25, 2019 by K1visaHopeful