We filed I-485 in Oct 2020, PD 12/2012, EB3 downgrade. My biometrics is complete, I am awaiting my wife’s biometric notice.
In my 485, I submitted my Mother’s name is A*** S*** K**, which is the same on her passport & my Dad’s passport and this is what I’ve been submitting in my visa applications as well.
My mother’s last name on my birth certificate is: R*** S*** K**. This is the same on my passport. I’ve submitted this birth certificate with my 485.
The correct name should be A*** S*** K*** since she has not officially changed her name, but due to the processes at that time, my dad’s last name was added as her last name in my bc and passport.
Now, I’m not sure if USCIS will send me a birth certificate RFE due to the mismatch between the last name I submitted and the one in the birth certificate. If so, what do you all recommend? Would submitting affidavits for same person with variation in name be enough?
Any reason why you didn’t use the same name/last name for your mother in I-485 as it is on your passport and birth certificate?
Why would you use her name as it is on her & your dad’s passports. USCIS do not ask for your parents passports, right? Or may be I am confused?
Because she hasn’t officially changed her name. Due to the cultural norm of using dad’s last name, my documentation in passport and BC had that incorrect last name added by the govt officials and I didn’t realize its a problem. She only uses it informally, think wedding invitation etc, but not in official docs like pension, salary etc,
This was done long time ago. She got her passport relatively recently and also I used her correct name in my visa application multiple times and also to sponsor her visitor visa, it hasn’t been a problem so far. Her and my dad’s passports have it specified correctly.
Hence I used A*** S** N** K*** in I-485 to be consistent with her official docs. Now fhe problem is if USCIS asks me to explain the mismatch, reading from some suggestions online, I can probably get a variations of same name affidavit from her and my parents passport copy but not sure that is enough. Anyone had experience with such situation?
One and same person affidavit should work if USCIS sends an RFE.