Name and affidavit questions

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gk6

Registered Users (C)
Hi All:

First, thanks to all of you for contributing to this immensely informative forum.
I am a H1B visa holder (visa expires Aug 2008) married to a USC wife. We are planning to submit paperwork shortly to adjust my status. I have a few questions for which I could not find the answers and I was wondering if someone could help/clarify things for me:

1. All the information on my birth certificate is correct except my first name which is spelt differently. Birth certificate has my first name as "Gowtham" whereas my passport, school certificates, visa's, diploma's and marriage certificate all have "Gautham" as my first name.
Would I need to get a new birthcertificate with my correct name or would sworn affidavits from my parents suffice? The following link seems to indicate that sworn affidavits would suffice. Would you please let me know your thoughts/experiences?
http://www.immihelp.com/immigration/birth-certificate.html

2. My USC wife is planning to change her last name soon. Can we file all the paperwork with her maiden name? Could there be any issues if she changes her name while my case is being processed?

3. My wife is a student with no income so we plan to include my income to meet the income requirement in form I-864. However, form I-864 states that my income can be included if "my income will continue from the same source after I obtain lawful permanent residence status". Does this mean I cannot change jobs after I get my PR? or what documents should we provide to support this in I-864?

BTW the forms that we are planning to file are:
I-485, G-325A, I-130, I-864 and I-693

I don't think I need to file I-765 and I-131 if I anticipate continuing in the same job till my AOS is approved. Is that correct?

Many thanks for your time and help.
GK6
 
gk6 said:
Hi All:

First, thanks to all of you for contributing to this immensely informative forum.
I am a H1B visa holder (visa expires Aug 2008) married to a USC wife. We are planning to submit paperwork shortly to adjust my status. I have a few questions for which I could not find the answers and I was wondering if someone could help/clarify things for me:

1. All the information on my birth certificate is correct except my first name which is spelt differently. Birth certificate has my first name as "Gowtham" whereas my passport, school certificates, visa's, diploma's and marriage certificate all have "Gautham" as my first name.
Would I need to get a new birthcertificate with my correct name or would sworn affidavits from my parents suffice? The following link seems to indicate that sworn affidavits would suffice. Would you please let me know your thoughts/experiences?
http://www.immihelp.com/immigration/birth-certificate.html

2. My USC wife is planning to change her last name soon. Can we file all the paperwork with her maiden name? Could there be any issues if she changes her name while my case is being processed?

3. My wife is a student with no income so we plan to include my income to meet the income requirement in form I-864. However, form I-864 states that my income can be included if "my income will continue from the same source after I obtain lawful permanent residence status". Does this mean I cannot change jobs after I get my PR? or what documents should we provide to support this in I-864?

BTW the forms that we are planning to file are:
I-485, G-325A, I-130, I-864 and I-693

I don't think I need to file I-765 and I-131 if I anticipate continuing in the same job till my AOS is approved. Is that correct?

Many thanks for your time and help.
GK6
Click to expand...

1. If you have a birth certificate with some errors, that birth certificate plus two affidavits (from parents) should work.

2. I am not sure. I don't think it would be an issue so long as you have all the evidence and papers.

3. Of course, you can change job under reasonable circustances after reasonable period of time. Even if you change job the next day after GC is approved, nothing will happen. Yours is family based GC and not emplyment based GC. For employment based GC, lawyers advise as a rule of thumb, wait for few months (5-6) before changing jobs.

I131 (AP) and I765 (EAD) give you flexibility. My understanding is that you can have approved I765 and I131 but if you do not use them, then you can continue to be on H1B. You may want to check on that. There have been posts on that issue in the forum.
 
I-131

Can anyone tell what to fill in the box "Class of Admission" in I-131 application?

I think affidavits will take care of the name issue and also date of birth.

Thanks
 
Thank you so much for your response visaapplicant and mygc1012!

Best wishes,
gk6
 
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