USCIS Request for Evidence - English name for Taiwanese Spouse (i-130 RFE)

[tensix106 0]

I am an American citizen applying for my wife's green card and just received an RFE for the i-130 requesting evidence of my Taiwanese wife's "English name" - they want a court order showing a name change or other evidence showing that she legally has that name. I'll of course call USCIS and ask them this directly, but I'm slightly confused about this. Being that my wife has never lived outside of Taiwan, she has never had the need for an English name - she does have a romanized version of her Chinese name but that would be unusable in daily life back in the states, so we opted for her to take my last name and use the English first name she has always gone by (but never used in an official capacity). Would it be enough to have Taiwan reissue a marriage certificate with an AKA added with her new English name?

The agonizing part of this is that we ASKED the USCIS whether or not we could use a new English name for my wife on the application form, and they said it shouldn't be an issue.. "shouldn't" being the key word I suppose.

Thanks!!

[tensix106 0]

I should also add this: We do have her English name on her Taiwanese Visa under her Taiwanese name (shown as "also known as"), a copy of which was submitted to the USCIS with the i-130 application. How was this not enough proof for them?

[pushbrk 12,883]

I am an American citizen applying for my wife's green card and just received an RFE for the i-130 requesting evidence of my Taiwanese wife's "English name" - they want a court order showing a name change or other evidence showing that she legally has that name. I'll of course call USCIS and ask them this directly, but I'm slightly confused about this. Being that my wife has never lived outside of Taiwan, she has never had the need for an English name - she does have a romanized version of her Chinese name but that would be unusable in daily life back in the states, so we opted for her to take my last name and use the English first name she has always gone by (but never used in an official capacity). Would it be enough to have Taiwan reissue a marriage certificate with an AKA added with her new English name?

The agonizing part of this is that we ASKED the USCIS whether or not we could use a new English name for my wife on the application form, and they said it shouldn't be an issue.. "shouldn't" being the key word I suppose.

Thanks!!

The petition and application should show her actual legal name transliterated to the Roman alphabet. Any "other names used" go in the field that asks that question. If you want, LI, Lifang to use the name Lifang Li SMITH, she'll have to get the passport changed to that name. You don't just start USING and "English" name out of the blue. As for calling USCIS, we don't call it the misinformation line for nothing.

I would send in a copy of her passport and ask them to process the petition in her current legal name from the passport. If they will not do that, the petition will be denied and you'll need to file again using her legal name. The root of the problem is that (culturally) Chinese women don't typically change their names at marriage. They can, but they must do so officially. Actual name changes must be documented with official records.

NOTE: You are not applying for your wife's green card. If she is seeking a visa, you have filed a petition. When the petition is approved, SHE will be invited to apply for a visa. Using the visa to enter the USA will trigger the production of her green card. Green cards signify permanent resident status. She cannot be a resident until she enters using the immigrant spouse visa.

[tensix106 0]

Thanks Pushbrk for the very informative post - apparently the authorities here are going to let us put her new English name as an "AKA" along with her original chinese romanized name, on both our wedding certificate and her birth certificate. Would you agree that should be enough for them, in addition to her Taiwanese Visa also showing the AKA English name?

[pushbrk 12,883]

Thanks Pushbrk for the very informative post - apparently the authorities here are going to let us put her new English name as an "AKA" along with her original chinese romanized name, on both our wedding certificate and her birth certificate. Would you agree that should be enough for them, in addition to her Taiwanese Visa also showing the AKA English name?

I would not put a "new name" on her birth certificate. She was NOT born with that name. What exactly does the RFE say?

Using other than a legal name on Passport, visa, driver license or an airplane ticket can be problematic. "Changing a name" is a legal process. If Taiwan typically allows a name change due to marriage, then you can probably get by without a court order.

I have no experience with the use of AKA on official documents, so can only "suppose" it MIGHT work. Has she ever traveled on a plane ticket issued to the AKA name?

Edited June 4, 2012 by pushbrk