N400 - Different Last Name in Indian Birth Certificate noticed after filing

K

kkum

Registered Users (C)
My wife had obtained a copy of BC from India while going for councellor processing for her GC. The last name in her BC has the surname same as her father's. She has always used a differnt surname (kumari - common for girls in India) and wasn't aware that her BC could even have a different surname. No one (including me, her and embassy) noticed it at the GC interview time and she got her immigrant VISA without any problem.

Now she has sent her N400 and has to appear for interview in a week' time. While checking her papers we discovered this issue with last name in BC. Getting it changed from the concerned Muncipal Corp in India is next to impossible within timeframe (and we don't have anyone there). Her parents are in USA and ready to give an affidavit that she has always used the name she has stated - and they themselves think the BC is in error (40 year old event). All her passports, educational certs etc also bear her correct name. This BC of which copy exists in her A file with USCIS is the only one with different name and therefore an exception

What should we do now?
Would we need a lawyer?
 
I would guess that an affidavit from her parents explaining the situation would probably go a long way to straightening things out. If you do think you need a lawyer, find one who specializes in Immigration issues. The lawyers I talked to offered "initial consultations" for about $100. Since your question is straightforward, that's probably all you'd need.

I don't get the feeling that the USCIS tries to punish you for honest mistakes - but, they are the USCIS, so, who knows.
 
I was never asked for my birth certificate during my naturalization interview, so I am not sure how important it is. How about getting an affidavit from the nearest Indian embassy or consulate?
 
I don't think that the INS will check so deeply and find that discrepancy. But, just to be safe, here is what you could do: for a small fee, the Indian Embassy in the US will provide you a birth certificate. This will always have the same name as it appears on your wife's passport. Then get a notarized letter from your wife's parents that they are indeed the parents of your wife and that she goes by the name in her passport. That should do. I went for my GC interview with these documents 5 years ago and it worked. Good luck and I am sure that your wife's interview would go smoothly.
 
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