I-864 RFE - Asked for proof of status but joint sponsor birth certificate is in different name

[John Williamson 0]

Short summary, I came here on Visa waiver. Got married. Filed for adjustment of status with wife and MIL join sponsor.

 

I was given an RFE for proof of status of the joint sponsor. We sent in her birth cert originally but it was old and the seal was impossible to see in the photocopy. Figured that might be why it was rejected. But it also has her maiden name listed on it and we filed with her current legal name, her married name.

 

We ordered a new birth certificate and figured we'd send a copy of her marriage certificate along with it. Unfortunately I found out today, she's only listed as her maiden name on the marriage certificate and it doesn't mention the name change. It does show her husband listed with her new married name though, is that enough? 

 

I know we could file for a new passport and that would cover it but the evidence needs to be submitted by June 27th and her expired passport is a decade+ old so I think we'd need to go through the full new passport process. We're also moving and I have exams in June so we can't really add more to the plate. 

 

My core questions are:

1 - will a full birth certificate showing a seal be valid even though it shows her maiden name?

2 - if not will the marriage certificate with her maiden name but showing her husbands last name being the same as her current legal name be enough to prove her name changed?

3 -  Am I worrying about nothing or should we expect it to be rejected?

4 - What is the process if it is rejected, will we get another RFE or should I prepare to file a motion to reopen with a different joint sponsor or even just refile? 

 

Thank you very much for any advice. This website has been a godsend throughout this whole process. 

[arken 4,197]

9 minutes ago, John Williamson said:

it. Unfortunately I found out today, she's only listed as her maiden name on the marriage certificate and it doesn't mention the name change. It does show her husband listed with her new married name though, is that enough? 

It is enough. A marriage certificate mentioning Jane Doe marrying Johh Smith is the proof of name change for either party if one takes the other surname down the road. Not all people take the spouse's surname and thus not all certificates show the married name. Just send a copy of the birth certificate and marriage certificate.

[Pleasework89 47]

Maybe also have her write a statement/affidavit explaining the discrepancies between names? 

[John Williamson 0]

48 minutes ago, arken said:

It is enough. A marriage certificate mentioning Jane Doe marrying Johh Smith is the proof of name change for either party if one takes the other surname down the road. Not all people take the spouse's surname and thus not all certificates show the married name. Just send a copy of the birth certificate and marriage certificate.

Thank you so much for reassuring of this. It does make sense I just know some states state the intention to change names on the certificate so was worried about that being missing. We're pretty sure this is all she took to social security for them to change her name so hopefully it will be enough for uscis too. 

[John Williamson 0]

51 minutes ago, Pleasework89 said:

Maybe also have her write a statement/affidavit explaining the discrepancies between names? 

That's a good idea. How official would this have to be? What would it need to say? 

 

Just as simple as:

 

"I [name] used our marriage certificate to change my name legally from [maiden name] to [married name]" 

 

Signed

[printed name] 

[Signature] 

[Date] 

 

Or would it need to be more detailed than that? 

Edited May 7, 2022 by John Williamson

[Chancy 6,243]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[arken 4,197]

11 hours ago, John Williamson said:

That's a good idea. How official would this have to be? What would it need to say? 

 

Just as simple as:

 

"I [name] used our marriage certificate to change my name legally from [maiden name] to [married name]" 

 

Signed

[printed name] 

[Signature] 

[Date] 

 

Or would it need to be more detailed than that? 

Nothing of such kind is needed. Don't worry about it. Uscis literally issues GCs with married name if one applies for that by just having a marriage certificate without any explanation of name change. Your case is just for identification.

[Lil bear 4,329]

12 hours ago, Pleasework89 said:

Maybe also have her write a statement/affidavit explaining the discrepancies between names? 

Not needed. What you have described is a usual situation for most married women. Send the newly received birth certificate and her marriage certificate   USCIS knows    how to match and link last names 

12 hours ago, Pleasework89 said:

Edited May 7, 2022 by Lil bear

[John Williamson 0]

6 hours ago, arken said:

Nothing of such kind is needed. Don't worry about it. Uscis literally issues GCs with married name if one applies for that by just having a marriage certificate without any explanation of name change. Your case is just for identification.

Thank you for the response and the insight.

6 hours ago, Lil bear said:

Not needed. What you have described is a usual situation for most married women. Send the newly received birth certificate and her marriage certificate   USCIS knows    how to match and link last names 

Fantastic, thank you for the response. Very helpful to get that reassurance.