I-485 RFE - Mothers name change

S

skghost

Registered Users (C)
My GC is employment based and my I-140 has been approved. However, as part of my I-485 processing I have received and RFE regarding name change for my mother.

As is a common custom in Maharashtra state, India, my mother's first name was changed at marriage. So after marriage she has a new first name, her middle name changed to my father's first name and of course she took my fathers last name. So her maiden name is completely different than her married name that shows on her passport or my birth certificate. Since this is a civil custom of that region I do not believe it required registration of name change with any civil authority or a court order. The only evidence that my parents have is their Marriage Certificate.

However, the RFE from USCIS is asking for an official civil document to substantiate the name change. What are my options? In the month and half I have to respond, I doubt i will get any court decree in that time frame.

Any suggestions (or prior experience) is sincerely appreciated.
Thanks.
 
Are yu applying for a GC for your mother? Why else would your mother's name have anything to do with your application? Also why do you need to submit your mother's passport copy.

Have you tried www.yourmaninindia.com ? They got my birth certificate from my birth place in 25 days flat......try them out!
 
skghost said:
My GC is employment based and my I-140 has been approved. However, as part of my I-485 processing I have received and RFE regarding name change for my mother.

As is a common custom in Maharashtra state, India, my mother's first name was changed at marriage. So after marriage she has a new first name, her middle name changed to my father's first name and of course she took my fathers last name. So her maiden name is completely different than her married name that shows on her passport or my birth certificate. Since this is a civil custom of that region I do not believe it required registration of name change with any civil authority or a court order. The only evidence that my parents have is their Marriage Certificate.

However, the RFE from USCIS is asking for an official civil document to substantiate the name change. What are my options? In the month and half I have to respond, I doubt i will get any court decree in that time frame.

Any suggestions (or prior experience) is sincerely appreciated.
Thanks.
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If your mothers name was changed after marriage then I think she has maiden name on Marriage certificate.
I know how long they write the name in Maharashtra state. If lady name is Ganga Gulab devi patl before marriage then after marriage if husband name is Vilas Rao Deshmukh then after marriage it will be Ganga Vilas rao Deshmukh. If her first name Ganga is changed to Parvati then it will be Parvati Vilas Rao Deshmukh.

In Maharashtra one need to make a affidavit of name change and copy of that affidavit is submitted with fee and that name change is published in Maharashtra government Gazette that is published from Mumbai. One gets copy of in Maharashtra government Gazette. It takes about month to get the copy of Maharashtra government Gazette. What you should do is get the affidavit signed before executive magistrate on stamp paper that her First name before marriage was……. And she married to….. on date at (city/village name) and after marriage changed her first name to…. And after her marriage with..... her full name is…….. . get the 2 affidavits one signed by your mother and other signed by your father and then submit the copy of both affidavits to USCIS. Also ask you mother to get it published in Maharashtra government Gazette (it may take time to get the Copy of Gazette and pay extra fees to get 2 copies of the Gazette) send RFE reply with affidavits and if they are not satisfied then submit the copy of Gazette when you get it
 
kulbikr said:
Are yu applying for a GC for your mother? Why else would your mother's name have anything to do with your application?
---one has to write mother name on form G325
Also why do you need to submit your mother's passport copy.
------------he is not asked by USCIS for mother passport copy
Have you tried www.yourmaninindia.com ? They got my birth certificate from my birth place in 25 days flat......try them out!
Click to expand...
 
GINNU Thanks for the detailed reply. I will ask my parents (they live in mumbai) to follow up with your Gazette suggestion. Since this is published by the government, hopefully USCIS will consider it as document from a civil authority.

Also, based on my recent conversation with someone I know in mumbai, affidavits are no longer signed before a magistrate. A notary public is sufficient. Anyway will find out when my parents do it.

Thanks again. More suggestions are welcome.

Another question - if USCIS is not satisfied with whatever evidence i submit, do they reject my application or usually send another RFE??
 
kulbikr said:
Are yu applying for a GC for your mother? Why else would your mother's name have anything to do with your application? Also why do you need to submit your mother's passport copy.

Have you tried www.yourmaninindia.com ? They got my birth certificate from my birth place in 25 days flat......try them out!
Click to expand...

I think GINNU has already replied to ur questions...

NO this is my GC. The RFE is for evidence such as court decree or other civil document to substantiate change in first name of my mother. I think they are comparing the maiden first name stated on form G325 with mothers name stated on my birth cert.
 
skghost said:
GINNU Thanks for the detailed reply. I will ask my parents (they live in mumbai) to follow up with your Gazette suggestion.

Since this is published by the government, hopefully USCIS will consider it as document from a civil authority.
-------------- Name changes and address on the Gazette are printed in English but front page of that Monthly Gazette will have written in Marathi. take the copy of page that has your mother name change printed and at top attach the first page and translate the Marathi into english and sign that.
I think that Gazette is published from Charni road or Marine Lines .

Also, based on my recent conversation with someone I know in mumbai, affidavits are no longer signed before a magistrate.
------------ One can sign before Executive magistrate ( Tehsildar is also Executive magistrate ) I had to sign some affidavits related to property and I went to Andheri (E) Court paid 150 for stamp paper+ typing and lawyer gave me affidavit signed with stamp of Exe-Magistrate ( I got that in Feb,2006) I dont know if they have changed that. earlier also one can sign affidavits before Notary public
A notary public is sufficient.
---------- yes, one can sign before notary public .
Anyway will find out when my parents do it.
------------- just get the 2 affidavits it is only 1-2 hour job to get affidevits from notary. once they get affidevits and send it to you, just make the copy and send it to USCIS. Gazette printing and then getting the copy will take more than 1 month.
Thanks again. More suggestions are welcome.

Another question - if USCIS is not satisfied with whatever evidence i submit, do they reject my application or usually send another RFE??
-------------- Send the copy of 2 affidavits and then wait if they need any more info.
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An update of documents that I am submitting as evidence:
1. Maharashtra Government Gazette. Looks like they have an expedited process for an additional fee. However, on the front page of the gazette they quote "Note - Government takes no responsibility as to the authenticity of the contents of the notice". Not sure what they mean...else why would they publish it. Also how USCIS is going to interpret it. As GINNU had suggested also included a rough translation copy of the top portion of the Gazette which is in Marathi.
2. Affidavits
3. A letter from an advocate, High court stating why they cannot get court decree. Basically since there is no suit (regarding ambiguity of my mothers name) in india, as a result case will not be entertained. It also talks about the common custom of name change in maharashtrian community.
4. Passport copies of both my parents. It includes a valid US Visa (B1-B2).
5. Marriage certificate for my parents. Issued at the time of their marriage. It has my mothers maiden name.
6. My mothers bachelors degree certificate issued in her maiden name.
7. My birth certificate which shows my mothers name.
8. Birth certificate issued (at the time of birth) by the hospital where I was born.
9. A letter issued by the local police station - that they looked at various documents as evidence and state that both the names of my mother (maiden and one taken after marriage) are of one and the same person.
10. Beneficiary nomination form for my father's general provident fund. This form states my mothers married name and is dated before my birth. Kinda shows that my father and mother were married before my birth.

Lastly, I also included a signed letter addressed to USCIS that explains all of the above documents and states that both the names are of the one and the same person - my mother.

I decided to provide all these other documents just because of that note on the gazette. Now I have to wait and see how it unfolds.....

Will try to keep this thread updated....just in case anybody has a similar issue.

Thank-you everyone for your help, namely GINNU.
 
skghost said:
An update of documents that I am submitting as evidence:
1. Maharashtra Government Gazette. Looks like they have an expedited process for an additional fee. However, on the front page of the gazette they quote "Note - Government takes no responsibility as to the authenticity of the contents of the notice". Not sure what they mean...else why would they publish it. Also how USCIS is going to interpret it. As GINNU had suggested also included a rough translation copy of the top portion of the Gazette which is in Marathi.
2. Affidavits
3. A letter from an advocate, High court stating why they cannot get court decree. Basically since there is no suit (regarding ambiguity of my mothers name) in india, as a result case will not be entertained. It also talks about the common custom of name change in maharashtrian community.
4. Passport copies of both my parents. It includes a valid US Visa (B1-B2).
5. Marriage certificate for my parents. Issued at the time of their marriage. It has my mothers maiden name.
6. My mothers bachelors degree certificate issued in her maiden name.
7. My birth certificate which shows my mothers name.
8. Birth certificate issued (at the time of birth) by the hospital where I was born.
9. A letter issued by the local police station - that they looked at various documents as evidence and state that both the names of my mother (maiden and one taken after marriage) are of one and the same person.
10. Beneficiary nomination form for my father's general provident fund. This form states my mothers married name and is dated before my birth. Kinda shows that my father and mother were married before my birth.

Lastly, I also included a signed letter addressed to USCIS that explains all of the above documents and states that both the names are of the one and the same person - my mother.

I decided to provide all these other documents just because of that note on the gazette. Now I have to wait and see how it unfolds.....

Will try to keep this thread updated....just in case anybody has a similar issue.

Thank-you everyone for your help, namely GINNU.
Click to expand...
Hi,

I have almost the same problem. In my case, however, the problem is that my birth was registered much after my birth and my birth certificate contains my mothers before marriage name as my relatives who helped us get the birth registered submitted my mothers school leaving certificate (which had her before marriage name) to prove her identity. The same name is then used on my BC also. Following is the RFE and the list of document I am planning to submit as proof. Could anyone please tell me if they are sufficient.
cleardot.gif

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REF:
You have indicated on your Form I-485 and Form G-325A that your mother's name is Post_Marriage_Name. However, the English translation of your birth certificate indicates your mother's name is Before_Marriage_Name. Please explain this discrepance and submit any documentary evidence you have to support your explanation. Such evidence my include, but is not limited to:

a) Hospital birth records which name the child and both parents;

b) Medical records which anem the child and both parents;

c) School records which name the child and both parents;

d) Census records which name the child and both parents;

e) Religious records in the form of cretificate under the seal of the organization where the baptism. dedication, presentation or comparable rite occured following the birth showing the date and place of the child's birth, the date of the religious ceremony, and the names of the child's parents.​

Documents I plan to submit:
  1. Magistrate order with Uncle's and Cousin's oath stating that my mother's first and last name changed after marraige.
  2. Copy of Air force Service Record Document (from Air head Quarters Vayu Bhavan) listing my family member names - (All correspondence) Notarized
  3. Letter from Air Head Quarters mentioning the members of the family.
  4. Mumbai Gazette Copy with Mom's name change highlighted
  5. Mother's School Leaving Certificate - Copy Notarized
  6. Mother'sPassport Copy - Scan
  7. Letter explaining the Discrepancy
Any help is appreciated.

-Ak
 
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