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  1. #1
    Join Date
    Feb 2014
    Posts
    1

    Default Name on My Birth Certificate and Passport Don't Match

    I'm from India. The name ( Name1) in the passport doesn't match with the name ( Name2) in the birth certificate. The name mentioned in the birth certificate wasn't used anytime in my life. All through my schooling, bachelors I didn't use this name (Name2). My I-140 is approved and I'm waiting for priority date now. In LC and I-140 application the name (Name1) was provided as per passport. I approached the city officials regarding this issue and they said that they can issue the birth certificate with the name mentioned as Name1 alias Name2 or Name1 aka Name2 even though all my school certificates use only Name1. While filing the I-485 would this be an issue and how do we resolve this issue.

    Option 1: Just file the I-485 application with the facts and explain the situation in writing.

    Option 2: File a name change application in India. The irony is that I never used this name any where. If this is done ,then what would happen to the information that we have already mentioned in LC and I-140 applications till now. Since I never used the name Name2 anytime in my lifetime, I didn't mention this in LC/I-140/H1 B applications.

    How do I address this issue.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Name on My Birth Certificate and Passport Don't Match

    When you file form I-485 you will want to explain the discrepancy and fully document the name change. That will be easier if your name was changed legally, or if you have corrected your birth certificate from the original name to the name you use, and you can provide authenticated records (with translation, if necessary) to establish the name change.

    As you don't seem to have changed your name through legal process, you should also explain why your nation didn't verify your legal name before issuing a passport with the name you use. Changing your name now won't explain why your passport was issued in the 'wrong name' prior to your name change petition.

    It would be a good idea to have an immigration lawyer assist you with the process, to avoid delays and other problems.

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