I-130 father name misspelled in my birth certificate

[SRM02 1]

I am filling I-130 for my parents.   On my (petitioner) birth certificate, my father's name is misspelt.  I am providing a self affidavit stating that my father's correct name and name in birth certificate are one and the same person.

 

In addition, I am thinking of providing an affidavit from my father.  However, my father is currently visiting US. 

 

1.  Can my father provide an affidavit that is notarized in US and file it with I-130?  Is this fine OR he has to provide affidavit that is notarized in India?

2.  Instead of an affidavit from my father, can I get an affidavit from my aunt (father's sister) stating that my father's correct name and name in birth certificate are one and the same person? 

[Mike E 11,732]

Try to get your BC corrected. 

[Verrou 1,945]

Who made the misspelt ? And why it never get fixed ? Affidavit usually weaker then go the foreign court and fixed it 

Edited August 20, 2023 by Verrou

[Visask2 0]

I filed I-130 for my (widow) mother and my Mother's name spelling in my BC is different from what it is in her passport. (It is not a wrong spelling, as you know same name in a foreign language can be spelled in English in multiple ways although they have identical pronunciation.) I am sharing my experience so far in this process. I am not a lawyer and am not trying to provide you with any legal advice. Your experience may be different from mine.

 

While submitting I-130, along with my original BC, I included a letter (that I signed) explaining this spelling mismatch. As I anticipated, USCIS sent me an RFE asking to submit "secondary evidence" as much as possible. There were many options listed under what they accept as secondary evidence, we chose one such option: "Government records or identification documents".  In this category, I submitted my (previous) Indian passports and (current) OCI card. (I guess, for Father, there will likely be a few more options in India, as our school records typically mention Father's name).

 

USCIS letter mentioned "Affidavits" as a "tertiary evidence". We submitted two affidavits from relatives who have direct personal knowledge of my birth event.

 

I have sent my RFE response more than 50 days ago. Still waiting to know the outcome. If USCIS does not approve this, we shall probably go for DNA test (that the RFE letter also mentioned as "Supplement" to primary or secondary evidence").

 

Best wishes.

 

 

[Butter_fly 9]

On 8/20/2023 at 3:59 PM, SRM02 said:

I am filling I-130 for my parents.   On my (petitioner) birth certificate, my father's name is misspelt.  I am providing a self affidavit stating that my father's correct name and name in birth certificate are one and the same person.

 

In addition, I am thinking of providing an affidavit from my father.  However, my father is currently visiting US. 

 

1.  Can my father provide an affidavit that is notarized in US and file it with I-130?  Is this fine OR he has to provide affidavit that is notarized in India?

2.  Instead of an affidavit from my father, can I get an affidavit from my aunt (father's sister) stating that my father's correct name and name in birth certificate are one and the same 

Do you have any update on this? How did you resolve this situation?