INS issued an RFE on my I-485 stating that spelling of my name on my Birth Certificate is different than what it is on the application. I am going to get the Birth Certificate re-issued with the Corrected spelling. In addition my Lawyer will write an explanation. Is this going to be enough or do I need to do anything else.
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Help with RFE
- Thread starter osmaniz
- Start date
Venkat_Madhu
Registered Users (C)
Could you please elaborate?
Could you please elaborate on your RFE because some of the birth certificate lists only the first name since the last name is normally the fathers name and that name will be spelled under the fathers name. Is that your problem or is your name totally different in the BC & 485 ?
Could you please elaborate on your RFE because some of the birth certificate lists only the first name since the last name is normally the fathers name and that name will be spelled under the fathers name. Is that your problem or is your name totally different in the BC & 485 ?
Re: Could you please elaborate?
The requirement goes like this. The name that you enter in the application has to agree with the name given in the birth certificate. In addition, birth certificate should contain your full first and last names. Last name in initials won't do. Even if your last name is your father's name, it has to be incorporated in the birth certificate.
If you do not have your birth certificate according to the above specifications, the remidy goes as follows.
Your parents have to swear an affidavit giving your first, last and middle(if any) names. A sample affidavit for this purpose can be found on "immihelp.com".
Clarification : In the absence of parents, any two persons who are majors at the time of your birth, who are not going to be benefited by your immigration and who witnessed your birth have to give seperate affidavits for this purpose. All the affidavits need to be notarised. If you are getting the affidavit from India, it should be on a Rs20/- non-judicial stamp papers and should be in english. If your birth certificate is issued in a language other than english, then a translation into english is required. Translation can be done by any one including yourself and should be notarised.
Hope this helps. This is not a legal openion and I am not an attorney.
The requirement goes like this. The name that you enter in the application has to agree with the name given in the birth certificate. In addition, birth certificate should contain your full first and last names. Last name in initials won't do. Even if your last name is your father's name, it has to be incorporated in the birth certificate.
If you do not have your birth certificate according to the above specifications, the remidy goes as follows.
Your parents have to swear an affidavit giving your first, last and middle(if any) names. A sample affidavit for this purpose can be found on "immihelp.com".
Clarification : In the absence of parents, any two persons who are majors at the time of your birth, who are not going to be benefited by your immigration and who witnessed your birth have to give seperate affidavits for this purpose. All the affidavits need to be notarised. If you are getting the affidavit from India, it should be on a Rs20/- non-judicial stamp papers and should be in english. If your birth certificate is issued in a language other than english, then a translation into english is required. Translation can be done by any one including yourself and should be notarised.
Hope this helps. This is not a legal openion and I am not an attorney.
Originally posted by Venkat_Madhu
Could you please elaborate on your RFE because some of the birth certificate lists only the first name since the last name is normally the fathers name and that name will be spelled under the fathers name. Is that your problem or is your name totally different in the BC & 485 ?
Last edited by a moderator:
Thanks for your suggestions. In the RFE issued INS states that spelling of my first name is different from how it appears on my application. They are requesting that I submit legal proof of name change. Since my name was never changed it was just spelled differently on my birth certificate for some reason. My lawyer does not believe that providing the 2 affidavits for the birth would answer their query about the name. I just wanted to see what experiences others had in similar situations as mine and how they handled the issue.
thanks
thanks