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A new story. K1 vs CR-1. What would you do if you could do it all over again?

A new story. K1 vs CR-1. What would you do if you could do it all over again?

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Old Jan 19th 2012, 1:20 pm
  #46  
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Hello again - I suppose it was only a matter of time before I came back with more questions!

My partner has changed her name twice since birth, and is not sure that she has the paperwork which explains this. It has been a minor issue previously when renewing a passport.

I can see on the I-129f instructions that a valid U.S passport issued with a validity period of at least five years (copy of every page) is a suitable replacement for a Birth Certificate. Is it unwise to simply omit the BC because it might cause confusion? I can see that on the I-129f doc they do actually ask for your BC number so this could cause problems? As for the U.S Passport - does it need to HAVE BEEN valid for five years...or be valid for a FURTHER five years?

Does a change of name (in this case twice) delay the process much?

Thanks in advance.

Luke
She can submit just a copy of the passport as proof that she's a USC. The passport just needs to be issued for a minimum of 5 years...it does not have to be valid a further five years from today.

However, she should really try to dig up proof of her name changes. If any of the forms ask for "other names used", she needs to list those names, and then USCIS might want to see how the name change happened. This happened with a USC friend of mine, she went through a couple of name changes and USCIS issued an RFE for evidence of how the name change happened. She supplied her birth certificate, previous marriage certificate, divorce decree (which she had already submitted with the I-129F), and wrote a statement describing the circumstances of her name change. I believe part of that was also due to having a step dad whose name she used but didn't legally change her name, something to that effect. Anyway, USCIS accepted it all and it was only a few weeks delay in the process.

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Old Jan 19th 2012, 1:28 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Thanks Ian and Rene!

Ian - I assume, having re-read, that they are asking for a Citizenship certificate number in question 10 of the I-129f?

Rene - We have a few similar issues in that my partner does not in fact know who her true father is, which she has had to officially declare when getting a passport renewal. We'll look for the docs and hopefully there won't be too many problems.

Thanks again for helping to bring my blood pressure down!

Luke
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Old Jan 19th 2012, 1:34 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Ian - I assume, having re-read, that they are asking for a Citizenship certificate number in question 10 of the I-129f?
Yes!

Ian
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Old Jan 19th 2012, 3:33 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Question 7 of the I-129f asks for 'Other Names Used (including maiden name)', would this include previous names prior to them being legally changed?
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Old Jan 19th 2012, 3:53 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Question 7 of the I-129f asks for 'Other Names Used (including maiden name)', would this include previous names prior to them being legally changed?
It includes ANY name you've EVER been known by or used.

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Old Jan 19th 2012, 3:56 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

If you've used it, list it.

Regards, JEff


Originally Posted by LDN2CHS
Question 7 of the I-129f asks for 'Other Names Used (including maiden name)', would this include previous names prior to them being legally changed?
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Old Jan 19th 2012, 3:58 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Thanks Rene,

So essentially we will have to report her other names regardless of whether we use the passport to verify citizenship vs the birth certificate...which in turn makes the name change documents quite essential? Her current passport uses her current name - would this be sufficient if we are unable to find the name change docs? Perhaps a signed statement explaining how the name changes took place would suffice?

Not trying to work the system or anything here just simply getting by with what we have and reducing the time this all takes.

Thanks again for your help

Luke
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Old Jan 19th 2012, 4:01 pm
  #53  
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Thanks Rene,

So essentially we will have to report her other names regardless of whether we use the passport to verify citizenship vs the birth certificate...which in turn makes the name change documents quite essential? Her current passport uses her current name - would this be sufficient if we are unable to find the name change docs? Perhaps a signed statement explaining how the name changes took place would suffice?

Not trying to work the system or anything here just simply getting by with what we have and reducing the time this all takes.

Thanks again for your help

Luke
I would just keep it simple.

One requirement is that she prove US citizenship....that is easily done by providing a copy of her current passport.

Another requirement is that she list all names she's ever used. So she should simply list them as required on the I-129F.

If USCIS wants to know any details beyond that, they will ask. I wouldn't go providing a whole bunch of information or documentation of anything unless USICS asks for it.

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Old Jan 19th 2012, 4:16 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Correct.
Originally Posted by LDN2CHS
So essentially we will have to report her other names regardless of whether we use the passport to verify citizenship vs the birth certificate...
How so? (Many people have used different names, no "name change documents" involved.)
Originally Posted by LDN2CHS
which in turn makes the name change documents quite essential?
Regards, JEff
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Old Jan 19th 2012, 4:22 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Good point Jeff and thank you Rene for your continued input.
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Old Jan 19th 2012, 7:37 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
So essentially we will have to report her other names regardless of whether we use the passport to verify citizenship vs the birth certificate...
Yes.


... which in turn makes the name change documents quite essential?
You proceed from a false assumption. You've assumed that you are actually required to document the name changes!

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Old Jan 20th 2012, 8:56 am
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Ian - Yes I was under the impression that I had read a note on changing names in a previous thread but am pleased to hear that it shouldn't be too much of an issue.

There is, however, another twist in the tale: form g-325a requests Father and Mother's Name, BD, birth place and residence..however my Partner has never had this information about her birth father. This goes hand in hand with the name change issues.

Should she put her step-father (who actually shares her current surname), or should she simply put what she knows about her birth father (name and state in which he was born) and include a side note explaining the situation? Again when she applied for a passport renewal they asked her to provide a signed statement that she knows no details about her birth father.

I know I keep thanking everyone for their help but I honestly am indebted to all of you. Without this blog SO SO many people would be completely lost and to be able to get a response within a few hours/days is a blessing. Is there some sort of facility to donate towards the site?
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Old Jan 20th 2012, 12:44 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Should she put her step-father (who actually shares her current surname), or should she simply put what she knows about her birth father (name and state in which he was born) and include a side note explaining the situation?
Here's a few quick hints to help you fill out US immigration forms: 1) take each question at face value; 2) do not ascribe meaning to the question beyond what is plainly written; and 3) do not alter the question to fit your situation.

So... that said, the question asks about her father - she should not give information about her stepfather. Her stepfather is not her father. If she doesn't have information about her father, she doesn't have it. She can't make it up, and she can't substitute some sort of other information for it. She should complete the form to the best of her ability and not add stuff that is irrelevant. Further, she is not required to explain why she doesn't have this information. Why? Because the question doesn't ask for an explanation.


Again when she applied for a passport renewal they asked her to provide a signed statement that she knows no details about her birth father.
This is totally irrelevant. The requirements for her completing a passport application have nothing to do with her filling out US immigration forms. You are trying to relate the two somehow... but they are not related.


Is there some sort of facility to donate towards the site?
Since you ask... once you have a bit more experience, you can give back to the community by helping those others who will come after you.

Ian
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Old Jan 20th 2012, 2:35 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Interesting issue. I'm inclined to think that the questions should be answered with regard to he 'legal' father, which in this case would be her biological father. That means that some of the questions will be answered with 'unknown'.

No explanation required for the G-325A, but note that this same information will be required for the visa application. At that time I think an explanatory note that she has no information about her father should be attached.

Regards, JEff


Originally Posted by LDN2CHS
There is, however, another twist in the tale: form g-325a requests Father and Mother's Name, BD, birth place and residence..however my Partner has never had this information about her birth father. ...

Should she put her step-father (who actually shares her current surname), or should she simply put what she knows about her birth father (name and state in which he was born) and include a side note explaining the situation?
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Old Jan 20th 2012, 3:06 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

My fiance didn't know his parents birthdates at all. He only knew their names and where they were born. We put "unknown" for the birthdates and it was fine.

I realize that's a different issue than having a birth father and a step father. I'm just saying USCIS was fine with "unknown" for that item.

Rene
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