First name changed--problems?

[garyandkris 0]

I'm not completely sure what forum to put this in or if anyone will be able to offer advice, but I thought I'd give it a shot.

My husband's current name is Gary. It appears on his passport, tax records, and other legal documents. However, on his birth certificate, his first name is Mark. His mother decided when he was barely a month old to call him something else because, and I couldn't make this up if I tried, she was afraid kids at school would tease him and call him "Dirty Mark". Needless to say, she is bonkers and we love her. He has used Mark as his middle name all his life.

When we filled out our petitions for the I-130 and K-3, we did list 'Mark (last name)' under other names used. He had a bit of difficultly years ago when he first applied for a passport as 'Gary Mark', and I'm concerned that it will be even more difficult with immigration.

Any advice? Is it laughable that I'm even concerned about this?

[raymaga 25]

You should be filling out the immigration forms with his name exactly like it appears on his birth certificate and passport. You can put any other names he uses under "other names".

[garyandkris 0]

You should be filling out the immigration forms with his name exactly like it appears on his birth certificate and passport. You can put any other names he uses under "other names".

The problem is that his birth certificate says his first name is Mark while his passport and every other legal document says his first name is Gary. This is why we chose to put Mark under 'other names', since he has never actually been known as Mark.

His mother never told him about his early name change, and he didn't discover it until he applied for a passport. It came as a bit of a surprise.

[Catica 1]

If the name on the birth certificate doesnt match the name on the application, you might expect an rfe, your case sounds like it could get very confusing for USCIS, I would prepare for the worst better safe than sorry. Now as to how exactly you would prepare I have no idea. Maybe call the USCIS and explain the situation to them and see what they say, and/or if nothing else go ahead and redo the the applications with Mark listed as the main name and Gary listed for other names used, this way at least if they do ask for corrected forms you already have them done.

[garyandkris 0]

If the name on the birth certificate doesnt match the name on the application, you might expect an rfe, your case sounds like it could get very confusing for USCIS, I would prepare for the worst better safe than sorry. Now as to how exactly you would prepare I have no idea. Maybe call the USCIS and explain the situation to them and see what they say, and/or if nothing else go ahead and redo the the applications with Mark listed as the main name and Gary listed for other names used, this way at least if they do ask for corrected forms you already have them done.

I should have mentioned that I'm the USC. As I understand it, he won't need to show his birth certificate until the interview in London, so I don't expect an RFE during the petitioning part of this process, though I could be very wrong. I posted in this forum mainly because I am worried about his K-3 interview. His police report, employment records, passport, marriage certificate, and school records all have his name listed as Gary. The only thing that doesn't is his birth certificate. He has effectively been Gary all his life; I don't think we could have used Mark as his main name on the forms without appearing fraudulent.

There was never an official name change, though. His mother never amended his birth certificate; I doubt she had any idea that she should have. I'm not sure what sort of evidence we could provide that proves he is the person listed on his birth certificate beyond a statement from his mother and siblings. I don't even know if this is something that should be a cause for concern.

Ah, well. Just another worry to throw onto my mounting pile o' worry.

[sophyie 0]

I'd imagine you might want to prepare an affidavid from your mum stating that he was born "Mark" and then lived as Gary all his life.

I think that's what is done if (for example) the birth has never been registered and there is no birth certificate...

The one thing I don't get is- how did he get a passport (or any kind of official ID) in a name that's not on the bc?

[Sheriff Uling 3]

The one thing I don't get is- how did he get a passport (or any kind of official ID) in a name that's not on the bc?

My point exactly! Is Gary/Mark the USC? If Gary has a legal name change then this is all a mute point because he would have simply submitted that along with I-129F. Did you submit the BC (for Gary) with the name discrepancy without any legal justification? This could cause a problem/delay for you guys down the line and I would not be surprised if you received an RFE. Good luck!

[garyandkris 0]

The one thing I don't get is- how did he get a passport (or any kind of official ID) in a name that's not on the bc?

My point exactly! Is Gary/Mark the USC? If Gary has a legal name change then this is all a mute point because he would have simply submitted that along with I-129F. Did you submit the BC (for Gary) with the name discrepancy without any legal justification? This could cause a problem/delay for you guys down the line and I would not be surprised if you received an RFE. Good luck!

As I said before, I am the USC. My husband Gary is a UK citizen by birth and has been a UK resident all his life.

There wasn't any legal name change. When his mother unofficially changed his name, he was about a month old, and she didn't realise she was supposed to report the change.

His birth certificate has not been submitted yet because we are only in the petition stage of the process. It isn't required until his interview.

And I have no idea why they issued him a UK passport that was not in his birth name. It was over twenty years ago, and perhaps the law was more lax then. I believe they ended up ringing his mother to confirm his story. Perhaps the fact that he used his birth name Mark as his middle name was in his favour. Maybe they flipped a coin.

I'll tell him to look into geting an affidavit from his mum. Thanks everyone for your comments. If anyone has other suggestions, please let me know.

I'm going to go pull out a few more fistfuls of hair now.

[garyandkris 0]

I've just looked into UK Deed Polls. I think this might solve our problem, though his circumstances are a bit unusual. A Deed Poll is usually done at the time of a name change, not decades later. I'm hoping that once he explains his situation, they will let him apply for one now.