I-130 - Beneficiary has gone by another name

[Ytsephill88 1]

44 minutes ago, OldUser said:

+100, really wanted to add this comment. Might be a very difficult thing to correct now, considering the passport was issued with name in different order. I wonder why she didn't catch it when the passport was issued in incorrect name... This may become a very painful thing in the process. 

Her name on her passport is the name she’s been going by her whole life. Her Canadian birth certificate has a comma in between the two last names that her parents wrote to indicate the order. In Portugal, where she grew up and is also a citizen, the government interpreted that comma correctly and registered her with the intended name order. After having returned to Canada recently, she found out that Canada does not recognize the comma in surnames and therefore her name is “flipped” in Canada.
 

Since the process to amend a name on a birth certificate is so complicated, we decided to change it via the marriage certificate (in NY you only need to show your passport) which constitutes as a legal name change. 
 

So now, the marriage certificate matches the passport, but those two documents don’t match the BC. 
 

Our goal is to use the time while form I-130 is pending, to amend the name on the BC in time for the interview. 

I understand this is kind of hard to follow, we’ve been having a real hard time dealing with it. I appreciate anyone reading and giving their input. 

 

Edited January 8, 2023 by Ytsephill88

[OldUser 6,677]

8 minutes ago, Ytsephill88 said:

Our goal is to use the time while form I-130 is pending, to amend the name on the BC in time for the interview.

I vote for leaving BC alone. I heard USCIS prefers old, original BCs generated shortly after birth to newly issued, corrected etc. Now, usually this is a problem with Nigeria, I wouldn't anticipate USCIS doubting docs from Canadian authorities.

Perhaps some explanation could be given during the interview or in writing instead of all of this effort to correct BC.

 

Maybe somebody else can share their thoughts or experience on this matter.

Edited January 8, 2023 by OldUser

[Family 3,988]

31 minutes ago, Ytsephill88 said:

So now, the marriage certificate matches the passport, but those two documents don’t match the BC. 
 

Our goal is to use the time while form I-130 is pending, to amend the name on the BC in time for the interview. 

It is very very common for everyone with dos apelidos to have their names reversed, hyphenated , shortened , one dropped , wrong one used . Just imagine the number of aliases someone named “  Ma. del Socorro Gonzalez Rivera “ will pick up along the road of North American computerized name formatting .

 

All you need to do is list all the variations of her name ( last page of paper I-130) and accompany it with copies of all documents the names appear on ( birth certificate, marriage, passport..etc). 

You will have no issues  and amending birth certificate is not required.

[Ytsephill88 1]

17 hours ago, Family said:

It is very very common for everyone with dos apelidos to have their names reversed, hyphenated , shortened , one dropped , wrong one used . Just imagine the number of aliases someone named “  Ma. del Socorro Gonzalez Rivera “ will pick up along the road of North American computerized name formatting .

 

All you need to do is list all the variations of her name ( last page of paper I-130) and accompany it with copies of all documents the names appear on ( birth certificate, marriage, passport..etc). 

You will have no issues  and amending birth certificate is not required.

Thank you. Did you include copies of each of those docs with the petition or just bring them to the interview? We are including a copy of our marriage certificate with the petition but weren’t planning on including copies the beneficiary’s passport or birth certificate at this stage.

[Family 3,988]

17 minutes ago, Ytsephill88 said:

Thank you. Did you include copies of each of those docs with the petition or just bring them to the interview? We are including a copy of our marriage certificate with the petition but weren’t planning on including copies the beneficiary’s passport or birth certificate at this stage

It’s good  practice to include a copy of all of them at every stage and avoid any RFEs , plus the explanation for the inadvertent name variations becomes part of the I-130 and effectively clears the path for any adjudicating Officer reviewing the file.