I-864/864A - proving family relation with another sponsor.

[Justin Dixon]

Hello. First post here. I got fed up with trying to deal with immigration services directly due to their automated systems and lack of any knowledge in their own field so here I am.

My wife was visiting the country (She's from the EU) and me as she's done three times before. This time around she decided that she wanted to stay. That's fine, you can do that with an adjustment of status and an I-130. However, I've run into an issue. I live with a family member who needs to file along side me for income support due to my being a student and having an income that's a bit too low. The problem with this is that my passport, driver's license, and social security card all show a different last name than my birth certificate. From my understanding, to meet the requirements for the support proof of family relation, the birth certificate must be used. Given that my last name in all other documentation is different, that would likely cause issues.

What would you kind folks recommend to rectify this. She's got one month left on her visa waiver and we need to submit everything within the next week or so to ensure that the government gets the documentation prior to the end of her three month period.

Thanks!

[archie119]

hmm

Did u do a name change here in usa

[Justin Dixon]

Did u do a name change here in usa

I did no formal change that I can remember, no. However, all of my other documentation has my current name on it. It's always caused problems. When I got my passport, I had to supply a bunch of additional identifying documentation to verify that I was who I said I was and I was who was on the certificate. Changing just to get everything else in line with my birth certificate makes no real sense given that every single other federal document uses the name I have now even though I've not formally changed anything. Even my social security card has the current name.

[rayb]

For immigration procedures, you must have some "enabling" document that shows a legal transition from the name on your birth cert to the name you are presently using. Such a transition would have been caused by an adoption, a court name change, or marriage (usually for women).

How did you start using a different name? And what proof did you provide to get a U.S. passport if not your birth cert?

--Ray B

I did no formal change that I can remember, no. However, all of my other documentation has my current name on it. It's always caused problems. When I got my passport, I had to supply a bunch of additional identifying documentation to verify that I was who I said I was and I was who was on the certificate. Changing just to get everything else in line with my birth certificate makes no real sense given that every single other federal document uses the name I have now even though I've not formally changed anything. Even my social security card has the current name.

[Joli Bastin]

For immigration procedures, you must have some "enabling" document that shows a legal transition from the name on your birth cert to the name you are presently using. Such a transition would have been caused by an adoption, a court name change, or marriage (usually for women).

How did you start using a different name? And what proof did you provide to get a U.S. passport if not your birth cert?

--Ray B

Hey, the wife in question here.

The name mix-up is due to a mistake on his mother's part. When she went to apply for a social security number after he was born, she did not use the same name that was on the birth certificate. Apparently they don't check those against each other. He has always used that name, so there has been no official transition from one name to another. The difference is in the last name; on the birth certificate he has his father's, on all other legal documentation he has his mother's. This has caused its fair share of problems in the past and getting a passport was a lot of trouble requiring a host of legal documentation to show that he was who he said he was.

[rayb]

Then do a legal name change, to make it official, from a local court, to the naming convention he is presently using.

--Ray B

Hey, the wife in question here.

The name mix-up is due to a mistake on his mother's part. When she went to apply for a social security number after he was born, she did not use the same name that was on the birth certificate. Apparently they don't check those against each other. He has always used that name, so there has been no official transition from one name to another. The difference is in the last name; on the birth certificate he has his father's, on all other legal documentation he has his mother's. This has caused its fair share of problems in the past and getting a passport was a lot of trouble requiring a host of legal documentation to show that he was who he said he was.

[Joli Bastin]

Then do a legal name change, to make it official, from a local court, to the naming convention he is presently using.

--Ray B

I'm afraid we have neither the time nor the finances to be able to do that.

[rayb]

You asked for a recommendation to "rectify" your name confusion, and I made it.
As an alternative, have your sister provide a "free-standing" I-864 as a co-sponsor, and no proof of relationship with her will be needed.

--Ray B

I'm afraid we have neither the time nor the finances to be able to do that.

[Joli Bastin]

You asked for a recommendation to "rectify" your name confusion, and I made it.
As an alternative, have your sister provide a "free-standing" I-864 as a co-sponsor, and no proof of relationship with her will be needed.

--Ray B

Are you sure that would be allowed for a family member with the same primary residence? I was under the impression that you are required to use the I-864a form for that.

[rayb]

I wouldn't tell you if I wasn't sure. There is no such requirement that the I-864A must be used. The main reason for evenusing an I-864A is so that income can be combined.

--Ray B

Are you sure that would be allowed for a family member with the same primary residence? I was under the impression that you are required to use the I-864a form for that.

[Joli Bastin]

I wouldn't tell you if I wasn't sure. There is no such requirement that the I-864A must be used. The main reason for evenusing an I-864A is so that income can be combined.

--Ray B

That is perfect, thank you!