Westwood2016

Hi all. I am currently in the USA on a B2 visa, I married my partner whilst here and we found out through a friend that it's possible to adjust status while here in the states rather than go back to the uk and wait (I have a 3 month old son with my wife (who is a us citizen) that was born here in the states so it seems like a better option. Any way, we have been researching a lot and have finally got round to filling out the forms but we have a problem with my (beneficiary) birth certificate. I was born with a different surname to what I use now, I didn't change it myself, my dad changed it when I was 3 years old so my current surname is the only one I've really ever used. (My passport and visa is in my current surname). Now I have tried countless options to find a record of my name change but it doesn't exist and my dad passed away when I was 9 years old and I have no idea where he got my name changed and neither does my mum. So I don't know what I can do with regards to my birth certificate as I assume the uscis will want some proof of my name change. Any advice is greatly appreciated. Thanks in advance

ian-mstm

So long as you did not have the intent to stay to adjust status when you entered the US, you should be fine. If you did have that intent, then I strongly urge you to reconsider your attempt to adjust status - because if something goes wrong, it will go horribly wrong... and having a US citizen wife and child will make no difference whatsoever.


Is it possible that your dad simply started using a different last name and never made it official? Name changes in the UK are usually done with a deed poll and are considered public information - so if it was done officially, there will be a record of it.


USCIS will probably want to see proof of the name change. If they do, a sworn statement from you may be required. I suggest you submit the paperwork anyway and see what happens. If they require it, you'll receive an RFE to submit proof of that name change. Note: you can't remain in the US beyond your visa expiry date unless you file form I-485. Once the I-485 is filed, you are allowed to remain in the US under "color of law" until the I-485 is adjudicated.

Also note that when you adjust status from something other than a K-1 visa (such as your B-2 visa), there are a lot of forms to complete... more than you would usually file to adjust status.

Ian

Westwood2016

Thanks for your reply.
It definitely wasn't intentional that I adjust status from my b2 and I have none of the required documents with me here in the us, just my passport with the visa and for the time being I am still paying the bills for my house back in the uk. We were going to file a IR-1 when I left the US but discovered that it's very unlikely I'd be allowed to visit while it's processing.

My dad definitely got mine and my siblings names changed and used the document as evidence when we got our first passports as kids. In the uk it isn't a requirement to register a name change by deed poll so it's very likely no record exists, even if I knew the name of the lawyer that prepared the document, they only keep it for 5 years.
I guess it's a pretty unusual situation but I'll just send my birth certificate with the package and wait and see what they ask for.
Should I add a letter in with the birth certificate explaining the situation?

Thanks again.

Noorah101

Just curious why you think you'd be unable to visit the USA if you went for the Immigrant visa? Unless you have unusual circumstances, it's very common to visit while an immigrant visa is processing.

Rene

Noorah101

I would go ahead and include an explanation of your name change, and include proof that you tried to locate an official document but could not.

Rene

Westwood2016

My wife asked an attorney and they strongly advised against it because it's hard to prove you will return home when you have an IR-1 pending. That's really the only reason to be honest.

Westwood2016

Thank you for your reply.
I will include a letter explaining it. is there anything else I could submit that will help explain the situation and do I need to get any of the letters notarised or anything?
Thanks again

Guindalf

Two separate comments here...

1) Whoever told you it would be difficult to visit is a complete a$$! Filing for a CR-1 (if married less than, I think, two years) or IR-1 (if longer) means you're doing things properly and, if anything, would make it easier to travel!

2) I changed my surname when I was nine years old, when my Mum married my stepdad. However, I had to wait until I was 18 before I could change it legally, even though I had all my official documents in my stepdad's surname. My Mum worked for a solicitor, so the Change-of-Name document cost the princely sum of 50p! Mind you, this was 40 years ago, so things could well have changed. A lawyer should be able to give you the current position.

Noorah101

Do a search in this forum for the term "magic language". When you include the magic language in your statement, you don't need to get it notarized.

As I said, in your statement, include the trail of how you tried to get an official document but were unsuccessful. Date, time, what agency you contacted, who you spoke to, what they said, etc.

I had a friend (USC) who had an undocumented name change and received an RFE after filing the petition.

Rene

rpjs

Hmm, that's interesting. My surname was changed twice at a young age, like you 40-50 years ago. The first time was from my putative birth father's who was on my birth certificate, to my mother's after they divorced. The second was by formal adoption by my actual birth father a few years later once his divorce was through and he married my mother (yeah, my family history is complicated!). For the first name change I have what I think is a deed poll executed by my mother on my behalf.

BritInParis

To the OP: a retrospective Deed Poll from the UK Deed Poll Service may be a solution if the name change proves to be a stumbling block.

Nutek

Came here to write pretty much exactly this.

Westwood2016

I did consider this but thought the date might cause even more confusion. The date on the deed poll would be the present date and my name change occurred in the early 90s.

ian-mstm

What? Nonsense! Lots of people visit during the visa process - it's perfectly normal and usual and allowed.


What? Nonsense! Having an IR-1 in process proves you know the correct procedure and are following it. The attorney is an idiot... and he should have known better! Dear god... I hope you're not paying this guy anything!

Ian

Westwood2016

Thank you everyone for your replies, I spoke to a lawyer in the uk and they basically they told me that if the deed poll wasn't registered with the Supreme Court then there probably isn't a record of it all. I've searched the database online and come up with nothing so I think I'll just write and explanation to send with the birth certificate and also get my mum to write one. Hopefully that will help.
Thanks again.