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

[CPAV 1]

On 3/25/2019 at 5:56 PM, K1visaHopeful said:

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! ❤

Hi,

Just wondering what happened after this?  I went for my biometrics yesterday and the lady mentioned that I will need a legal name change in our county  before our interview as I changed my name like this: 

Maiden Name : Jane Doe Smith

                            First/ Middle/Last Name

MARRIED NAME : Jane Smith Snow

I am afraid that I will receive an RFE for my EAD and AP.

 

 

 

[K1visaHopeful 2,814]

10 hours ago, CPAV said:

Hi,

Just wondering what happened after this?  I went for my biometrics yesterday and the lady mentioned that I will need a legal name change in our county  before our interview as I changed my name like this: 

Maiden Name : Jane Doe Smith

                            First/ Middle/Last Name

MARRIED NAME : Jane Smith Snow

I am afraid that I will receive an RFE for my EAD and AP.

 

 

 

It depends on your state if you can change the middle name as it varies by state.

If the state allows you to change your middle name with a Legal name change document ie MC, all that the MC would have to have on it would be all of those names.

If your name appears as Jane Doe Smith and one of your spouse's names is Snow on the MC you can do it because all those names appear on the MC but you will have to check with your state if they allow given name changes using an MC. Some states don't and will only allow the surname to be changed. Find out. 

If you cant with the MC youd have to do a legal name change for the middle name but likely you would not be able to in time to satisfy the RFE. Youd probably end up having to adjust the name you have applied for AOS with and hold off doing a legal name change until after you receive your GC when you have time inbetween immigrant processes.

 

As per what happened after this...I got my EAD/AP shortly after. Still dont know if they lost my MCs but what I submitted satisfied the RFIE. I was delayed by 31 days in total.