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Passport and birth certificate - different spelling

M

MichaelLH

New Member
Hi guys !

My number is now current and my interview is coming soon !

I am a French citizen and applied as such.

when entering the lottery (on the eDV website), I followed the guidelines, and copied the informations exactly as written on my passport.

I was selected for further processing and filled my DS260, carefully copying my passport again.

unfortunately, when I started gathering my supporting documents, I found out that my middle name "Henry" was actually spelt "Henri (with an "I") on my birth certificate.
it is important to understand that the mistake is not on my birth certificate, but on my passport.
Unfortunately, I have been using my passport as my main ID for 8 years, and was not even aware that the name was spelt differently on my birth certificate.
I have spent my whole life believing that the correct spelling was that of my passport, and the very few times I had to use my middle names, I used the eroneous spelling shown on my passport, thinking it was the right spelling.

very bad surprise, obviously.

Here's what I found in the 9FAM :

"9FAM 42.73 PN2.2-1 consistent spelling of aliens' names on visa and passports.
In order to avoid difficulty in identifying and processing aliens coming into the United States, DHS requires that an alien's name be spelled on form I-94, arrival and departure record, exactly as the name appears on the alien's passport. Consular officers must assist DHS by ensuring that the names of visa applicants are spelled the same on their visa application forms DS260, online application for immigrant visa and alien registration, immigrant visas and passport. If an alien's name has been misspelled on the passport, the alien must have the passport amended to show the correct spelling. All other documents must also show the same correct spelling. "

so basically, at my interview, the consular officer will notice that there is a different spelling on my BC and my passport, and will question me about it, find out that the mistake is on my passport, and will have to follow the guidelines stated above (ask me to change my passport). Am I correct ?

I went to the french consulate (I live abroad), and got a new passport with the correct spelling of my middle name.
I changed the spelling on my only other document that shows my middle names (criminal record) and now have all the documents needed, with the right spelling.

the problem is that the right spelling now differs (of one letter)from the spelling used on eDV and my DS260 (since I was not aware of the error at the time I filled). I did keep my old erroneous passport to show that it matches the information given at the time I filled.
I also have an official letter and certified translation from the city hall that issued my birth certificate, explaining that my old passport was indeed mine, with a spelling mistake.

Has anyone ever lived a similar situation?
will it be very problematic ?

I now have two options:
option 1: going to the consulate with my old passport, and the letter from the city hall that explains that there is a mistake on it, but that it belongs to me. That way, everything will have been filled according to the guidelines, copying my passport.
Option 2: going to the consulate with my new passport and be prepared to explain why it does not match my eDV and DS260.

I need advice and hopefully hear from people who encountered a similar issue.

thanks in advance
Michael
​
 
MichaelLH said:
Hi guys !

My number is now current and my interview is coming soon !

I am a French citizen and applied as such.

when entering the lottery (on the eDV website), I followed the guidelines, and copied the informations exactly as written on my passport.

I was selected for further processing and filled my DS260, carefully copying my passport again.

unfortunately, when I started gathering my supporting documents, I found out that my middle name "Henry" was actually spelt "Henri (with an "I") on my birth certificate.
it is important to understand that the mistake is not on my birth certificate, but on my passport.
Unfortunately, I have been using my passport as my main ID for 8 years, and was not even aware that the name was spelt differently on my birth certificate.
I have spent my whole life believing that the correct spelling was that of my passport, and the very few times I had to use my middle names, I used the eroneous spelling shown on my passport, thinking it was the right spelling.

very bad surprise, obviously.

Here's what I found in the 9FAM :

"9FAM 42.73 PN2.2-1 consistent spelling of aliens' names on visa and passports.
In order to avoid difficulty in identifying and processing aliens coming into the United States, DHS requires that an alien's name be spelled on form I-94, arrival and departure record, exactly as the name appears on the alien's passport. Consular officers must assist DHS by ensuring that the names of visa applicants are spelled the same on their visa application forms DS260, online application for immigrant visa and alien registration, immigrant visas and passport. If an alien's name has been misspelled on the passport, the alien must have the passport amended to show the correct spelling. All other documents must also show the same correct spelling. "

so basically, at my interview, the consular officer will notice that there is a different spelling on my BC and my passport, and will question me about it, find out that the mistake is on my passport, and will have to follow the guidelines stated above (ask me to change my passport). Am I correct ?

I went to the french consulate (I live abroad), and got a new passport with the correct spelling of my middle name.
I changed the spelling on my only other document that shows my middle names (criminal record) and now have all the documents needed, with the right spelling.

the problem is that the right spelling now differs (of one letter)from the spelling used on eDV and my DS260 (since I was not aware of the error at the time I filled). I did keep my old erroneous passport to show that it matches the information given at the time I filled.
I also have an official letter and certified translation from the city hall that issued my birth certificate, explaining that my old passport was indeed mine, with a spelling mistake.

Has anyone ever lived a similar situation?
will it be very problematic ?

I now have two options:
option 1: going to the consulate with my old passport, and the letter from the city hall that explains that there is a mistake on it, but that it belongs to me. That way, everything will have been filled according to the guidelines, copying my passport.
Option 2: going to the consulate with my new passport and be prepared to explain why it does not match my eDV and DS260.

I need advice and hopefully hear from people who encountered a similar issue.

thanks in advance
Michael
​
Click to expand...

Take everything with...old passport, new passport, letter from city hall.
 
SusieQQQ said:
Take everything with...old passport, new passport, letter from city hall.
Click to expand...
Thank you Susie for your advice.
Do you think I should contact the consulate in Montreal (where my interview is scheduled), and let them know about it all ?
I feel like this matter has to be explained in person, while showing both my old and new passport.
My old passport has numerous visas in it, including a U.S. visa, every single one of them showing the wrong spelling (the spelling used on the identification page).
I hope this will prove that it was a genuine mistake, and not a way to fraud on eDV. I followed the guidelines after all, and copied every single letters as shown on my passport ! :)

I started wondering if I should notify the consulate in advance. In the event of visa insuance (I'm keeping my fingers crossed!) , will it be easy for the authority in charge of printing the visa to change the spelling?

in Canada for example (--- I am not a hundred percent sure of the following statement---), I believe that in the case of a visa interview, the potential visa is already there, just waiting to get printed. I believe that consular officers decide wether or not the visa gets printed, but cannot modify it, as this is the role of some higher institution (sort of an "NVC" ...)

Would you say that I should notify the consulate before my interview, or just explain everything the day of.
knowing that if I do contact the consulate in advance, my message might be interpreted as "I applied for a DV visa, but changed my passport and my middle name now has a different spelling."
because that's basically what it is ...

thanks again for having replied!
have a good night !
Michael
 
Honestly, I think you are over thinking it. I don't think you need to contact them in advance. Yes, you need to explain to them in person, and you can do that at the interview. The important things - that you can and will explain because you will have all the evidence you need - is why there was a misspelling on the EDV, that you are the same person who entered, and that you will get all your US documentation in your actual legal name.
 
I had a similar issue with most my documents, even worse all my names and place of birth was misspelled on my kids docs....
It was a total disaster, I corrected what I could, and the rest I left ss it is....
Funny enough, they never noticed the errors.
So if they ask you, just explain to them the matter calmly.
Im prety sure you wont be bothered about it.
 
I too had an issue with the original entry in that my second middle name was not listed. It was not even noticed at the interview, however, I did write to KCC beforehand to let them know.

As @SusieQQQ says, don't overthink. I totally did that and now I have a visa AND at least 20% more grey hairs from all the stress. :p
 
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