I-485 and I-130 country and name question for a Tibetan relative

K

Kimmi

New Member
hello,
I am applying to adjust immigration status for my mother who is Tibetan. She applied for a tourist visa using her Identity Certificate that was issued by the government of India. But her U.S. Visa states that her nationality is Chinese and that his first name in FNU (First name unknown) which are all different from what appears in the IC. I assume that when I apply and fill out these parts of the I-485 and I-130 application, I copy the information from the visa rather than what appears in the original IC? Thank you in advance !
 
Well technically her nationality is Chinese -- exiled Tibetans did not lose their Chinese nationality according to Chinese law, and they did not gain Indian or any other nationality; though nationality really doesn't matter for US immigration purposes so don't worry about it. The FNU is incorrect however, if she does have a first name (interestingly John Oliver did a show about translators in wars who worked for the US trying to get visas to the US, one of whom was named Mohammed who was also mistakenly called FNU on his visa).

I feel that she should always use her real name as shown on her birth certificate (or substitute evidence of birth), and then explain the discrepancy on the visa as a mistake. She will need to provide her birth certificate for the I-485, and you will need to provide your birth certificate for the I-130, and if she tries to apply under a name different than the name on her birth certificate, she will need a proof of legal name change, which she won't have because she never changed her name. The fact that the name is different on the visa is not going to be a problem unless she committed fraud or misrepresentation to get that name; but it's obvious here that it's a mistake, especially since the visa is inside a travel document with a different name.

If she tries to keep using "FNU" as her name then I think it's going to cause more problems, because 1) she will have problems with the I-130 and I-485, and 2) there are some other things in the US that will ask for birth certificate and proof of name change, and need it to match her ID, and she won't be able to do that.
 
thank you so much for the quick and clear reply. Just to double-check about the issue regarding nationality: the "country of nationality/citizenship" shows up in all the forms. I have been writing "Tibet (China)" as the response. You are saying that I should simply write China?
 
I understand, thank you. I wonder if you could advise me on the matter of providing evidence that does not exist. It is written that to petition for my father, in addition to my birth certificate I will need to submit a copy of my parents marriage certificate (which does not exist.) What do you think is the best route to substitute for this evidence requirement. I do have my own marriage certificate that states that he is my father. do you think that will be sufficient?
 
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