N-400 Appln -- Your current legal name (Part 1A) question

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sapro

Registered Users (C)
Part 1 A. of Form N-400 Instructions (page 3) explains that 'Your Current legal name is the name on your birth certificate,......').

My birth certificate has the 1st letter of my last name followed by my first name fully. My green card has my first name followed by my last name in full.

For instance, if my name is John Smith, my birth certificate has it as S. John, but my Green Card has my name as John Smith. I have filed my N-400 with my First Name and Last Name as shown in my Green Card without abbrievation.

In this situation,is it advisable to take the birth certificate to the Interview? How would I answer the IO if he/she asks why is there a difference in the way the name is written in the Birth Certificate and the name in the Green Card? Is there a resolution for this? Anyone has similar experience?

Can somebody please respond? Thanks..
 
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I don't think it really matters what your birth certificate says as long as the documents they ask for at the interview (passport and driver's license) are consistent in listing your full name (in the John Smith format). Also as long as the legal name you fill out in the N-400 matches your green card you should be OK. I dropped my middle name which was listed on my passport and driver's license (but not the green card) and that did not get me into any trouble at the interview.

-KM
 
Hate to disagree with kagemusha but if my interview experience at Atlanta DO is any indication, birth certificate matters, infact that is the only thing that mattered for me and my wife. IO did not want to take a look at any other document.

In my case, my BC has only my first name in the child name's column. It does not list any middle names since in the state I was born in India, father's first name was by default your middle name. My IO said that since my BC does not have my middle name printed, she will issue me citizenship certificate only with first name and last name. If I want middle name in there, I will have to opt for judicial oath ceremony and get my name changed to include middle name (So in a weird way, I will be changing my name from my current full name to my current full name) In my case, I mistakenly accepted just the first-last name combination and now I will have to go to district court to get my name changed to include middle name before I can apply for passport that has my full name. My whole life history including my passport, all visas, even green card has my full complete name but that did not matter to that IO.

In my wife's case, her BC had her name spelled wrong. So her parents had filed an affidavit that showed the corrected name. Her IO would not look at that or any other document showing her correct name. Her GC has her correct name but that did not matter. She had to opt for judicial ceremony and now she will get her name changed during oath to her current name. So in her case as well, she is changing her name for her current name to current name.

It does not matter if you carry your birth certificate with you or not. They have a copy of it (Submitted for GC) and they use that. I was not asked for it.

So in short, it may depend on your IO. They do not follow rules consistently.

Good luck !!
 
That is interesting. Sorry my post was based on my experience alone. I realize that others may have a different experience. Maybe my IO did all the checking before the interview (my birth certificate doesn't have the middle name) and that is why she wasn't too bothered that I dropped my middle name.

-KM
 
Sapro,

One option for you is to have your parents (if both are living) to fill out a joint affidavit to indicate your name (first and last). You can find a sample affidavit in the following link. For #7, have them indicate either that the birth certificate is incomplete or that the birth certificate is unavailable.

http://www.usabal.com/permres/AOS/birth_affidavitParent.html

If you can't get a joint affidavit from both parents, you can get one from a parent or close relative. However, in this case you need TWO. Here's the sample for an affidavit by a close relative. Note that the relative must have personal knowledge of your birth (so aunt, uncle, grandparents, older sibling, etc.)

http://www.usabal.com/permres/AOS/birth_affidavitCloseRel.html

They are supposed to and required to accept affidavits concerning birth because many people either don't have or lose their certificates. Ofcourse, as N400Atl pointed out, your IO could be crazy, but this will certainly help your cause if it comes up.

Additionally, if you lose your birth certificate before the interview, they pretty much HAVE to accept the affidavit because there is no other document. Good luck!

Edit: ALSO, make sure affidavits are NOTARIZED. If not, they're not valid
 
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I have three first names plus family name ABCD and I typically go by my middle first name. I have used multiple combinations ABCD, ABD, BCD, BD, etc. etc.

There are at least three reasons why this might be important (a) so the USCIS can understand why passport, green card, SS card etc might have inconsistencies (b) so that the FBI can do a complete name-check and (c) so that you get the name you want on your naturalization certificate and future US passport.

In this post-9/11 world we live in, I now realize why there is a heightened need for name consistency. For example, I was denied an air ticket recently because my airline account used BD whereas my current passport uses ABCD !!!!! So, as time goes on, I am trying to remove the name inconsistencies from my life. Where computer input only allows for three names total, I use AB as first name, C as middle and D as family. I refuse to abandon one of my birth given names !!!!

In your case, use the name on the N-400 that you want on your certificate (assuming it’s not a name change), take your birth certificate to interview and be 100% honest when/if the subject comes up.
 
<1caliN400>
They are supposed to and required to accept affidavits concerning birth because many people either don't have or lose their certificates. Ofcourse, as N400Atl pointed out, your IO could be crazy, but this will certainly help your cause if it comes up.
</1caliN400>

In my wife's case, her BC had her name spelled wrong (missing one alphabet) so her parents went to Indian court and got an affidavit infront of magistrate, notorized it in India and we attached that to BC when we gave it for GC and we had that at the time of interview. Still IO would not look at that affadavit and told her if she wants her current name that is on GC and every other document in her life, she has to go through judicial ceremony. Her marriage certrificate has her correct name but IO would not budge. So like 1caliN400 said, it is all upto IO and many of them apply their own rules.

Keep that in mind when IO asks you if you want to change your name via judicial and my advice would be to take it if the name they would print on Nat certificate is not same as GC (or your current name) I mistakenly did not do that and now I will have to go through district court to get my name back.
 
Thanks a lot kagemusha,N400Atl,1caliN400,rwsh. This forum is awesome. btw: I didn't ask for name change. I prefer to stay with the name my grandmother gave it to me.
 
sapro,

May be I did not say it right. In my case as well, I did NOT ask for a name change. All I wanted was my name as it has been my whole life (with middle name). IO changed it by dropping my middle name since as per her logic, my middle name is not next to my first name on my BC. So she gave me option to opt for name change to change my name from FName-LName to FName-MiddleName-LName. Since I did not opt for name change, my certificate will now have only FName-LName. Now passport that I can get will also have same combination, unless I go to district court and change my name to FName-MiddleName-LName then use that in addition to Nat certificate to get passport in the same name that I have used my whole life.

In my wife's case, she is also being forced to go to judicial ceremoney where she will change her name to exact name that she has on her GC/passport/Driver license etc.

Just to keep something in mind when IO says they will not print the name you have used your whole life on Nat certi. It is better to then opt for name change via judicial ceremony than do it from district court outside.
 
Hi N400Atl,
No, you said it right. I was just telling my situation as rwsh has replied in brackets on his last paragraph saying ...... (assuming it’s not a name change).

Thanks all.
 
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