Discovered Error in I-129F after NOA2 Arrival

[Dregar 0]

We recently discovered an error in the I-129F form after receiving the I-797 NOA 2 approval letter.

 

My fiancé's name was changed 1 year after her birth, since she never used that name, we forgot/did not think of including it in the I-129F petition. The petition has a specific section which requests: "Other Names Used: Provide all other names you have ever used, including aliases, maiden name, and nicknames...."

 

As we prepare for the NVC authorization and Visa interview, we noticed her original birth certificate, transcribed in her native language, includes her original name. Her original translated to English birth certificate has her current name. 

All other documents, records and history are with her current name which is included in the I-129F. Additionally we have a translated and official document which certifies her legal name change at 1 year old. 

 

We are looking for guidance on whether, we should bring this issue up with USCIS, NVC, or the consulate during the interview?

I called USCIS and they just suggested sending a letter with the correction. 

 

What would you do?

 

Thanks in advance.  

 

[Mike E 11,742]

This issue (which I cannot follow actually) needs to be fixed at the interview. 
 

By the time the K-1 applicant files DS-160 the names on:
 

* National ID

* birth certificate 

* passport 

 

all need to match up.  If they don’t match then there needs to be a lawful change of name document.  

[Dregar 0]

1 minute ago, Mike E said:

This issue (which I cannot follow actually) needs to be fixed at the interview. 

Thanks Mike for the reply. I guess my only follow up question is, Can this issue only be fixed at the interview? 

I realize I likely did not phrase the issue in the best way. Her birth certificate in Chinese will have her “original” name. Her birth certificate in English will have her “current” name. In addition we have the court document certifying the legal name change, which matches the English birth certificate.

 

the only caveat is the “original name” was never mentioned in the I-129 form

[Mike E 11,742]

1 minute ago, Dregar said:

Thanks Mike for the reply. I guess my only follow up question is, Can this issue only be fixed at the interview?

I-129F has been approved.  You can withdraw the I-129F and try again.  I don’t advise that. But if you withdraw, get married instead and file I-130.  
 

Otherwise, DS-160 is where you will first bring up the issue.  
 

Depending  on the embassy documents, will be brought with the applicant at the time of interview, an upload, an email,

and/or sent by courier.  K-1 procedures vary by embassy and questions about such procedures are best addressed in a country / region specific forum on visa journey. 
 

1 minute ago, Dregar said:

 

I realize I likely did not phrase the issue in the best way. Her birth certificate in Chinese will have her “original” name. Her birth certificate in English will have her “current” name.

 I’ve never heard of such a thing but ok.  

 

1 minute ago, Dregar said:

 

 

In addition we have the court document certifying the legal name change, which matches the English birth certificate.

That’s good. 

1 minute ago, Dregar said:

 

the only caveat is the “original name” was never mentioned in the I-129 form

Thus it is critical to bring this up in the DS-160,  in the interview, and in any documents you transmit to the embassy. 

 

BTW when  going to the embassy interview, bring  original 

and photocopies of each document but do not leave the originals with the embassy.  
 

These documents are essential for I-485 (where again you submit photo copies)  And I-485 is the opportunity to tell USCIS about  the oversight that was committed with I-129F.   At the I-485 interview it is likely you will need the originals to show the ISO. But again do not surrender originals. 
 

This is the voice of experience: replacing original documents from a foreign country, while in the USA with no ability to travel, is  at best time consuming and painful, and at worst fatal to an immigration journey.  

 

Buy a home safe to preserve these original documents so that they are never misplaced when you need them.  

[Family 4,138]

49 minutes ago, Dregar said:

 

the only caveat is the “original name” was never mentioned in the I-129 form

No need to worry. Do short letter Request to update DS-160 , part x, item y . Re: Alias/aka 

Upload with Chinese birth certificate/translation and court records for legal name change .

 

Carry all originals w you to interview and you will fine.