Name changes
 

can someone please answer this question for me, as it has been holding me up from sending k1 application for a month now, trying to find an answer.
my fiancee had name changes as a child (his parents did this). he has one deed poll but no one can find the original one (changed name from 'a' to 'b' as a baby and then from 'b' to 'c' a couple of years later). when he was old enough he changed back to his surname (he has the deed poll for this) which is on his original birth certificate, but the first name is different. he uses the first name for personal things, as its what he has been called his whole life. his birth certificate and passport however remain in his 'birth name'. (same surname, different first name)
he wants to apply with his birth name, which is how we have filled out all the forms. he tells me that in UK it is legal to use any name you want as long as its not fraudulent. (his name was changed for religious reasons).
is this going to cause us a problem? for instance his passport is in his birth name (john jones) but his degree is in his 'used' name, (bill jones). he of course has listed every name he was given as a child on the 'have you used any other names' question.
any help would be appreciated.
colleen

Re: Name changes
 

    >can someone please answer this question for me, as it has been holding
    >me up from sending k1 application for a month now, trying to find an
    >answer.
    >my fiancee had name changes as a child (his parents did this). he has
    >one deed poll but no one can find the original one (changed name from
    >'a' to 'b' as a baby and then from 'b' to 'c' a couple of years later).
    >when he was old enough he changed back to his surname (he has the deed
    >poll for this) which is on his original birth certificate, but the first
    >name is different. he uses the first name for personal things, as its
    >what he has been called his whole life. his birth certificate and
    >passport however remain in his 'birth name'. (same surname, different
    >first name)
    >he wants to apply with his birth name, which is how we have filled out
    >all the forms. he tells me that in UK it is legal to use any name you
    >want as long as its not fraudulent. (his name was changed for religious
    >reasons).
    >is this going to cause us a problem? for instance his passport is in his
    >birth name (john jones) but his degree is in his 'used' name, (bill
    >jones). he of course has listed every name he was given as a child on
    >the 'have you used any other names' question.
    >any help would be appreciated.
    >colleen

i can tell you my experience - which so far has been 'no problem' as long as
you explain properly and provide what evidence you can. it was enough to get
129F approved and am fairly confident it will be enough for the interview....

I was scarlett MAY
i married and became scarlett GARRETT
i had 2 children with name GARRETT
my husband died
eventually married again became MCNEILL
marriage disaster - he walked
i changed name back to GARRETT so it would be same name as my children
(I AM UK CITIZEN - LAW DOES NOT REQUIRE DEED POLE THOUGH YOU CAN USE IT. i
didn't use deed poll, just informed all relevant authorities i had switiched
back to GARRETT. this is perfectly legal. you are only breaking the law if you
use 2 different names at the same time. as far as the law here is concerned you
can call yourself Freedom Raincloud or Buggy Bear as long as you tell everyone.

But 129F - and papers to follow - ask for proof of all name changes.

I made up a small bundle of papers. The first one detailed each name change and
the date along with what supporting evidence backed it up. for most things it
was the original documents in my application (like marriage certs etc) but for
when i switched back to Garrett I provided: a letter from a housing association
addressing me as McNeill followed by one addressing me as Garrett at same
address a month later. Ditto for a letter from a government dept (this one had
my national insurance number on both letters but one was addressed to McNeill
and one to Garrett). There were a couple of other pieces of evidence like this.

I'm not a lawyer, but i knew the law regarding this in layman's terms and
explained this on my letter.

This evidence was ACCEPTED by the INS for the 129F with NO QUERY.

They must come across this from time to time because of the way you can change
your name like this in England.

If you think it might help, mail me and I'll send you the exact wording of my
covering letter on this bundle.

And remember, despite all the difficulties, these people only want to know you
are operating homestly and legally - they're really not out to GET you.

If I can be of further help SHOUT.

and good luck

regards
-=-
Scarlett
([email protected])

Re: Name changes
 

Hi:

Scarlett's answer is pretty much dead on -- it is correct.

This is usually not a problem. An example: ever of William Jefferson Clinton, now of Chapaqua, New York?

My father has a name on his birth certificate which he has never used! In fact, he didn't know that until he produced the B/C for his WWII Coast Guard service! It did create problems though when he went to get a passport many years later because all his official ID did not match his B/C. But he got the PP in the name he had been using.

As long as the official documentation is all the same, an "aka" is no problem.

Re: Name changes
 

    > my fiancee had name changes as a child (his parents did this).

    > he wants to apply with his birth name, which is how we have filled out
    > all the forms. he tells me that in UK it is legal to use any name you
    > want as long as its not fraudulent. (his name was changed for religious
    > reasons).

    > is this going to cause us a problem? for instance his passport is in his
    > birth name (john jones) but his degree is in his 'used' name, (bill
    > jones). he of course has listed every name he was given as a child on
    > the 'have you used any other names' question.
    > any help would be appreciated.

His passport name is probably in his legal name (new name as I
understand it). The K1 petition should be filed using that name for
the fiance. When you get married, the state may offer you the option
to change both your names to his original name (not all states allow
this). In that case, the marriage certificate will legally change his
name back.

This is not a complicated issue, actually. I had a more complicated
issue in that my name, as the U.S. citizen filing the petition, was
different between my birth certificate and U.S. passport. You need to
document with the petition how that legal name change happened in that
case.

In most states in the U.S., like in the U.S., a person may also use
any name they wish for non-legal reasons so long as it is used
consistently for a given purpose and not with the intent to defraud.


CP