Birth Certificate and Marriage Certificate don't match

A

AaronOmaha

New Member
I've spent the last couple of months researching and learning online the steps required to obtain a green card for my husband. I'm about 2 weeks into it and have the first of I'm sure will be more questions. I can't seem to find where anyone else has had this problem.

I'll try and make it short and to the point. When my husband and I were married he listed his mother and fathers names as he knew them. His parents were never married and were never actually together so he didn't even learn who is father was until later in life. Now, where he just recently obtained his birth certificate in the space for father is blank "unknown". Not only that, his mother's second last name is listed as something other than what he put on our application for the marriage license. Iowa won't let us change the marriage certificate because they said we already swore to it.

I understand that his birth certificate does not have to be filed with my I-130 but I am concerned about down the road when they do want to see it and what I should put on the I-130 petition? Should I match the marriage certificate or his birth certificate. Any help greatly appreciated.
 
His parents' names are displayed on the marriage certificate?

Remember for the green card process it's not necessary to submit the application for a marriage license, you only have to submit the final certificate which was signed and stamped when the marriage became official.
 
Jackolantern said:
His parents' names are displayed on the marriage certificate?

Remember for the green card process it's not necessary to submit the application for a marriage license, you only have to submit the final certificate which was signed and stamped when the marriage became official.
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Yes, both of our parent's names are on the Final Cert that we got after the ceremony, signed and stamped. I just looked at it again to be sure.
 
Fortunately, the name discrepancy probably won't raise an alarm with USCIS because his mother's name on his birth certificate would be the name she had at the time of giving birth, whereas your marriage certificate would have her name at the time of your marriage.

Many people's mothers have gotten married and/or divorced after giving birth to them and changed their name accordingly, so last name differences like this are not uncommon. From what you've described, the difference is only with her second last name. If her other names are consistent, they'll just see it as a similar name change due to marital status and won't pay any more attention to it. And his mother is largely irrelevant to his marriage-based green card process, so there's no reason for them to scrutinize this name difference.

However, if he ever decides to file for his mother's green card after he becomes a US citizen, this could draw much more attention, and he may have to explain it or get either document corrected before they'll approve her green card.
 
Thank you so much, that makes perfect sense. So on his G-325a where asks for his mothers (maiden) name, I would be best to use the name on his birth certificate, not the marriage certificate?
 
Mother's maiden name is the name on her birth certificate. So that isn't necessarily the same as her name at the time of your husband's birth.
 
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