Filing for AOS, names on passport different from the name on visa. . .please advise!!

I

immiresearch

Registered Users (C)
I dont know if am posting this in the right thread, if not my apology.

I have a big cousin who is trying to start the AOS process through marriage to a USC wife but have just recently realized that the names on his passport and visa are somehow different. For better understanding, here is the analogy of the issue:

My cousin's full name is John last name Betty 1st name Valencia middle name . This is also the name that appear on the passport. But on the visa they printed his name as John Valentine Valencia

As you can see, his first name was replaced on the visa by a completely different name even though the name look like his middle name. What do you think we can do about this? Do you think he will be able to Adjust his status with this problem? You inputs will be greatly appreciated!

P.S: The names up there were just for illustration only. These are not my cousin's name.
 
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USCIS will go by the spelling listed on your birth certificate. just attach a letter of explanation pertaining to the name difference between his passport and visa. if you want to wear both belt and suspenders at the same time, include a one and the same person affidavit. hope that helps. gl!
 
Well, obviously this is a clerical error on their part when they printed the visa on his passport. Your birth certificate and passport should be ok to go with since they should bare the same name(s) and point it out that they made an error on the visa.
 
Thanks guys! I was thinking about same thing but the fact that the visa, on which his AOS will be valid, doesnt has his first name makes him uncomfortable.

I was reading some where the other day that he has to send his passport with the visa to the US embassy in our home sountry for correction?? He is currently out of status and i cant imagine what will come out of sending his visa and passport back home given that his visa is expired.

More inputs and advise will be appreciated as we want to make sure we are doing the right thing before sending all the papers in.

Thanks.
 
no need to do that right now. what i suggested should suffice. but if he does get an RFE, then he can send his passport/visa in for correction.
 
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