Birth Certificate Related

[Pedro Gonzales]

My (relatively uninformed) opinion is that you are unlikely to get an RFE because the primary documents all have your name the way it is in most documents. Still, there can be no guarantees. With RFEs for flu shots these days, anything can flag one.

The bigger issue that I don't understand is how you managed to survive thus far with an incorrect name on your passport. How does your Visa have a different name? Surely the US Consulate would have questioned why the name on your visa form is different from that on your passport. Same with your SSN, driver's license and other docs that require you to show your passport. One thing you may want to do after you get your GC (so that you no longer need the visas stamped on your passport) is to get your passport corrected. They will give you bambu about not getting it corrected earlier (well deserved, in my opinion), but ultimately, with all the other documents at hand, you should prevail.

[nishant2200]

My (relatively uninformed) opinion is that you are unlikely to get an RFE because the primary documents all have your name the way it is in most documents. Still, there can be no guarantees. With RFEs for flu shots these days, anything can flag one.

The bigger issue that I don't understand is how you managed to survive thus far with an incorrect name on your passport. How does your Visa have a different name? Surely the US Consulate would have questioned why the name on your visa form is different from that on your passport. Same with your SSN, driver's license and other docs that require you to show your passport. One thing you may want to do after you get your GC (so that you no longer need the visas stamped on your passport) is to get your passport corrected. They will give you bambu about not getting it corrected earlier (well deserved, in my opinion), but ultimately, with all the other documents at hand, you should prevail.

man I wouldn't mind partying with this guy Pedro...

[gc0907]

Are you sure? It's unbelievable that everyone in all US departments overlooked this? I can understand desi govt. officers but US and that too for immigrants?

Guru's .... Need opinion from forum members on my name issue in my passport -

- My Passport has Given Name as AAAAA and Surname as BBBBB. This is exactly reverse of how my name exists in all other docs including my BC. It was a mistake either by me while filing passport form or by the babu who worked on my file.
- All my INS/CIS H1/Visa/labor/140/School docs/Univ docs/Birth Cert/Marriage Cert has Given Name/Surname as Correct.
- Only the passport has it wrong.
- Today I did FP and even there I had no issues and it went smooth.

My question to experts here is that what should i expect in coming times. Will I be given an RFE due to name mismatch (BC v/s Passport). Should I be taking some measures in anticipation of such RFE.

Has anyone else gone thru this or have known people with such scenarios.

Please comment and thanks for your time

Yes, like you and me, the officers can question as well that why wasn't it reported for all these years.

My (relatively uninformed) opinion is that you are unlikely to get an RFE because the primary documents all have your name the way it is in most documents. Still, there can be no guarantees. With RFEs for flu shots these days, anything can flag one.

The bigger issue that I don't understand is how you managed to survive thus far with an incorrect name on your passport. How does your Visa have a different name? Surely the US Consulate would have questioned why the name on your visa form is different from that on your passport. Same with your SSN, driver's license and other docs that require you to show your passport. One thing you may want to do after you get your GC (so that you no longer need the visas stamped on your passport) is to get your passport corrected. They will give you bambu about not getting it corrected earlier (well deserved, in my opinion), but ultimately, with all the other documents at hand, you should prevail.

[longgcque]

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

Are you sure? It's unbelievable that everyone in all US departments overlooked this? I can understand desi govt. officers but US and that too for immigrants?



Yes, like you and me, the officers can question as well that why wasn't it reported for all these years.

[gc0907]

You might want to check with your respective Indian Consulate website.
For Consulate in SFO here is their regular procedure: Change of Name & Other Cases
You can contact them directly via email with your specific scenario and see what they have to say on this or if you are close-by and can go in-person.

Edit: Change of Name: By Splitting Name
Not sure what they have this one for as in both cases they tell to select - Re-issue of Passport.

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

[longgcque]

Thanks gc0907. I came across some cases who have done this. Any idea, how many days we normally get for RFE response to be sent back in such cases.

You might want to check with your respective Indian Consulate website.
For Consulate in SFO here is their regular procedure: Change of Name & Other Cases
You can contact them directly via email with your specific scenario and see what they have to say on this or if you are close-by and can go in-person.

Edit: Change of Name: By Splitting Name
Not sure what they have this one for as in both cases they tell to select - Re-issue of Passport.

[gc0907]

I have seen people reporting it 84 days. So same should apply to you.
I think they will have standard RFE response time and not case-by-case basis.

Thanks gc0907. I came across some cases who have done this. Any idea, how many days we normally get for RFE response to be sent back in such cases.

[nishant2200]

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

hey man really sorry. I was just joking with Pedro. in no way taking a dig at you. Let me look at your original post and see your situation. I again apologize if you felt it that way.

[nishant2200]

Guru's .... Need opinion from forum members on my name issue in my passport -

- My Passport has Given Name as AAAAA and Surname as BBBBB. This is exactly reverse of how my name exists in all other docs including my BC. It was a mistake either by me while filing passport form or by the babu who worked on my file.
- All my INS/CIS H1/Visa/labor/140/School docs/Univ docs/Birth Cert/Marriage Cert has Given Name/Surname as Correct.
- Only the passport has it wrong.
- Today I did FP and even there I had no issues and it went smooth.

My question to experts here is that what should i expect in coming times. Will I be given an RFE due to name mismatch (BC v/s Passport). Should I be taking some measures in anticipation of such RFE.

Has anyone else gone thru this or have known people with such scenarios.

Please comment and thanks for your time

Ok , simple thing to do is get your passport corrected by indian consulate. Show them your birthcertificate and other documents like school, college, etc with correct name, and in case RFE comes up, you can then show that you have taken corrective action and got passport re-issued.

Of course a lawyer can advise best.

[Pedro Gonzales]

man I wouldn't mind partying with this guy Pedro...

Anytime, Nishant. I spend most of my time these days in Phoenix, so just get in your car and drive. Alcohol, food and sexy-time will be supplied.

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

No dig intended. Well, maybe a slight poke. But, in all seriousness, I don't think you are at risk of an RFE. The passport's biography pages (which is where your name is incorrect) is not amongst the primary documents in my experience. Since your BC is fine, you should not receive an RFE. I think Nishant's and gc0907's advice on getting the new passport in the meantime is good, but my only concern is that the old passport probably has your H1B stamped on it and if so, if you need to travel before your green card or AP come through, you will have to carry around 2 passports (and that may open you up for additional scrutiny at the Point of Entry's immigration officer). At a minimum talk to your consulate (if possible visit them directly if you can, on a Wednesday for the least crowd) to find out what would be required to get a corrected passport and how long it would take. I received my last passport in 3 days but a friend's took over a year (because they didn't get any responses to a query sent to the Passport offices in Bihar, where she was born).

Now, one more poke: I really am curious to know. a) Where did you get the passport issued? b) Does it have a U.S. visa stamped on it? c) If yes to 'b', then how the hell?, d) Did you not have to show your passport when you got your SSN and DL? e) If no to 'd' how the hell?

[longgcque]

Pedro .. u r a good poker it seems. Do u play with needles ? I was in PHX(chandler and tempe to be specific) for almost 3 yrs till 2008 .. would have loved to poke in person with u guys ..Anyway here are some details.
- H1 stamped twice, both times in mumbai.
- 1 new H1, 1 Xfer, 2 Extns.
- No questions on passport asked in all H1 filings or POE or Visa stampings.
- Passport issued at Bhopal as I am from MP
- DL/SSN ... everything has correct name. Only the passport has exact reverse entry.
- Visa stamp expired since 2008 and I have not travelled back since then.

No more poking buddy ... as Nishant/You/GC0907 said .. am doing prep work on the corrections before RFE stress comes. Lot to explore on paper work involved .. if anyone comes across step by step guidance then please post it.

Anytime, Nishant. I spend most of my time these days in Phoenix, so just get in your car and drive. Alcohol, food and sexy-time will be supplied.



No dig intended. Well, maybe a slight poke. But, in all seriousness, I don't think you are at risk of an RFE. The passport's biography pages (which is where your name is incorrect) is not amongst the primary documents in my experience. Since your BC is fine, you should not receive an RFE. I think Nishant's and gc0907's advice on getting the new passport in the meantime is good, but my only concern is that the old passport probably has your H1B stamped on it and if so, if you need to travel before your green card or AP come through, you will have to carry around 2 passports (and that may open you up for additional scrutiny at the Point of Entry's immigration officer). At a minimum talk to your consulate (if possible visit them directly if you can, on a Wednesday for the least crowd) to find out what would be required to get a corrected passport and how long it would take. I received my last passport in 3 days but a friend's took over a year (because they didn't get any responses to a query sent to the Passport offices in Bihar, where she was born).

Now, one more poke: I really am curious to know. a) Where did you get the passport issued? b) Does it have a U.S. visa stamped on it? c) If yes to 'b', then how the hell?, d) Did you not have to show your passport when you got your SSN and DL? e) If no to 'd' how the hell?

[gc0907]

I recently applied for renewal (not re-issue) which is still in process and haven't heard anything so far from them.
I have documented a bit about it here: Passport Renewal at Indian Consulate in SFO
Hope that helps.

.....Lot to explore on paper work involved .. if anyone comes across step by step guidance then please post it.

[harapatta]

I am in the process of filing my paperwork in first week of March; as usual I have to get affidavits from my parents for BC. When I asked my attorney do we need to submit original she specifically said NO and said just copies will be fine. Any comments or advice will lower my anxiety...Thanks.

[longgcque]

Only copies are needed and that is what i submitted for my wife, a NABC and two affidavits from parents plus her school records. I do not have an official ref to confirm what i am saying here but thats what my company paralegal folks told me.

I am in the process of filing my paperwork in first week of March; as usual I have to get affidavits from my parents for BC. When I asked my attorney do we need to submit original she specifically said NO and said just copies will be fine. Any comments or advice will lower my anxiety...Thanks.

[harapatta]

Thanks for your clarification....its really helped me to calm down.

[Mavrick]

Is there any standard format that is available to get the Birth Affidavit from parents and relatives or USCIS will accept any format?

[gc0907]

There isn't any standard format needed by USCIS. You can find several samples on the net...use whichever best fits or you can create your own.

Is there any standard format that is available to get the Birth Affidavit from parents and relatives or USCIS will accept any format?

[bvsamrat]

But please check

1) If parents are allowed or not
2) Also take from uncles or family relatives
3) Be sure to include their dates of birth and their full names and addresses

There isn't any standard format needed by USCIS. You can find several samples on the net...use whichever best fits or you can create your own.

[qesehmk]

Parents are just fine. Any format is fine as long as all information elements are there. I personally only used stamp paper from India on which spouse's parents wrote a letter and got certified from notary. That worked.

But please check

1) If parents are allowed or not
2) Also take from uncles or family relatives
3) Be sure to include their dates of birth and their full names and addresses

[harapatta]

Gurus need some advice sorry to post my query in this discussion ,will remove the posting once discussed)
Got RFE on our I-485 for me and my wife related to BC
I have submitted two affidavits from parents and newly registered birth certificates, for my wife we submitted certificate from local municipal office that her birth is not is in the records and supporting two affidavits from her mom and elder sister.
Now we are confused what documents to submit, please any advice will be helpful.
(The RFE says evidence from early years)
Please help.

[03May07]

Gurus need some advice sorry to post my query in this discussion ,will remove the posting once discussed)
Got RFE on our I-485 for me and my wife related to BC
I have submitted two affidavits from parents and newly registered birth certificates, for my wife we submitted certificate from local municipal office that her birth is not is in the records and supporting two affidavits from her mom and elder sister.
Now we are confused what documents to submit, please any advice will be helpful.
(The RFE says evidence from early years)
Please help.

May be information here will help : http://www.qesehmk.org/forums/forumd...th-Certificate

Mostly everyone was resubmitting the BC docs again.

[venkat]

Hi,

This is what I did proactively (at the time of 485 filing in January). My wife had the issue with delayed registration of birth and this was the popular suggestion in this forum.

* 2 affidavits (my father in law and mother in law)
* delayed registered birth certificate

Note: - I didn't submit any non-availability certificate at that time

All the best....btw, what is your priority date and when did you file your 485?

Gurus need some advice sorry to post my query in this discussion ,will remove the posting once discussed)
Got RFE on our I-485 for me and my wife related to BC
I have submitted two affidavits from parents and newly registered birth certificates, for my wife we submitted certificate from local municipal office that her birth is not is in the records and supporting two affidavits from her mom and elder sister.
Now we are confused what documents to submit, please any advice will be helpful.
(The RFE says evidence from early years)
Please help.

[harapatta]

i filed my I-485 in march and my priority date is April 2010. ...still fail to understand what are the true requirements for BC.

[imdeng]

Hello Folks,

This post is not about Calculations/Analysis. I need some urgent help/feedback so am posting it in the most visible part of the forum. I will remove this post and the replies to the appropriate thread in a couple days. Apologies in advance for cluttering the forum.

In preparation for my PD getting current, I have been trying to get a BC from India. I asked one of the agencies who do concierge service and they did get a BC out of the Municipality office. However, there is a problem. Currently my 485 has an address of birth for me (Vill - A, Dist B). Since my parents currently live at a different address, the municipality has written my address of birth as (House No - C, Dist B) - which happens to be the current address of parents. The district is same, but the address details are different. My 485 has affidavits from parents with the first address. I am sure to get an RFE for BC - and I am not sure what will happen if I respond with this BC that has a different address as address of birth than all the other submitted information.

How much trouble am I in? I was born in one of most backward and corrupt parts of the country - so I am not at all confident that I will be able to get this right. What are my options? Please help and share your thoughts. Thanks.

[sreddy]

Hello Folks,

This post is not about Calculations/Analysis. I need some urgent help/feedback so am posting it in the most visible part of the forum. I will remove this post and the replies to the appropriate thread in a couple days. Apologies in advance for cluttering the forum.

In preparation for my PD getting current, I have been trying to get a BC from India. I asked one of the agencies who do concierge service and they did get a BC out of the Municipality office. However, there is a problem. Currently my 485 has an address of birth for me (Vill - A, Dist B). Since my parents currently live at a different address, the municipality has written my address of birth as (House No - C, Dist B) - which happens to be the current address of parents. The district is same, but the address details are different. My 485 has affidavits from parents with the first address. I am sure to get an RFE for BC - and I am not sure what will happen if I respond with this BC that has a different address as address of birth than all the other submitted information.

How much trouble am I in? I was born in one of most backward and corrupt parts of the country - so I am not at all confident that I will be able to get this right. What are my options? Please help and share your thoughts. Thanks.

Imdeng,

Unless your parents registered your birth back then, registering birth now, and getting BC will not have any value add to your case (BC has two dates, Birth Registered date, and BC issue date). I took that pain registering, paying penalties, etc. Finally law firm said no to that BC, and asked me to provide affidavit from my parents, and two or three other proofs from India that are old and Govt./Educational institution issued. I used my 10th grade marks card (it has my Date of birth, and my name, and my father's name in right spelling), and PAN card issued by Indian TAX office. Key here is that you produce two to three old evidences that has your name, and your fathers' name in right spelling, and correct date of birth according to your passport. Based on my experience, if you can get those, you will not need BC anymore.