Question regarding Birth Certificate for AOS..

[howiej1]

This is my first time posting in this forum but have been reading for awhile and its very helpful. I recently applied for AOS and got an RFE regarding my Birth Certificate (BC). Well I was able to obtain my BC from the government dept in my country of birth but heres the problem. My father never signed my BC so my last name was registered wit hmy mother's last name.

A few months later however, my dad and mom completed an Affidavit of Birth effectively giving me my father's last name. I have used that last name of Johnson ever since that time. The name Johnson is in my passport and every other legal document I own except my BC. I would like to know if USCIS will accept this BC as legitimate given that all other stuff I sent to them bears the last name Johnson.

My father is deceased and my mother cannot find the affidavit which was done almost 30 years ago to change my name. What then is my recourse? The BC has my DOB, Place of Birth, year of birth and month of birth exactly as in my passport and other documents however the only difference is my last name. Will i get another RFE and what can i do to resolve this?

Case Info:
10/24/2006-I-485,I-765 sent to Chicago Lockbox
10/30/2006-ND from USCIS for I-485,I765
11/07/2006-RFE from USCIS regarding BC
11/15/2006-FP Notice received from USCIS
12/07/2006-Biometrics taken at local USCIS
12/09/2006-RFE response, BC sent to USCIS
**No EAD yet and no interview letter yet.
Good luck to all undergoing the process!!Happy Holidays!!!!

[peace]

Did your mother not change her last name after marriage?
How come her maiden last name came into picture with your BC at all?

Anyway send your BC with a cover letter and an affidavit by your mother.

Cover letter;---stating that your last name in the BC is wrongly mentioned by the issuing office. It is actually you mother's MAIDEN last name and not your father's. (Do not write your dad did not sign the BC).And as a secondary evidence of birth you are enclosing an affidavit by your mother.
And that your dad is deceased.

You will have to send an affidavit from your mother in the following format;

AFFIDAVIT OF BIRTH FOR ------------(your name)

I, -------(mother's full name as on your BC) maiden name-----(her full maiden name), do hereby solemnly state and affirm as follows:

1.I was born on------- at---------(city, country).
2.I am a citizen of -------.
3.I was married to --------(your dad's full name as on your BC) on------.
4.I am the mother of -------(your full name) and --------(your dad's name) was his father.
5.-------------(your name) was born on ------(DOB)at--------(city, country).

Deponent
Date :
Verified at ----(city, country) on this -------day of ---------(date)that the contents of the above affidavit are true to the best of my knowledge and belief.

NOTARY'S SEAL AND SIGNATURE Deponent

This is my first time posting in this forum but have been reading for awhile and its very helpful. I recently applied for AOS and got an RFE regarding my Birth Certificate (BC). Well I was able to obtain my BC from the government dept in my country of birth but heres the problem. My father never signed my BC so my last name was registered wit hmy mother's last name.

A few months later however, my dad and mom completed an Affidavit of Birth effectively giving me my father's last name. I have used that last name of Johnson ever since that time. The name Johnson is in my passport and every other legal document I own except my BC. I would like to know if USCIS will accept this BC as legitimate given that all other stuff I sent to them bears the last name Johnson.

My father is deceased and my mother cannot find the affidavit which was done almost 30 years ago to change my name. What then is my recourse? The BC has my DOB, Place of Birth, year of birth and month of birth exactly as in my passport and other documents however the only difference is my last name. Will i get another RFE and what can i do to resolve this?

Case Info:
10/24/2006-I-485,I-765 sent to Chicago Lockbox
10/30/2006-ND from USCIS for I-485,I765
11/07/2006-RFE from USCIS regarding BC
11/15/2006-FP Notice received from USCIS
12/07/2006-Biometrics taken at local USCIS
12/09/2006-RFE response, BC sent to USCIS
**No EAD yet and no interview letter yet.
Good luck to all undergoing the process!!Happy Holidays!!!!

[howiej1]

Re:

Thanks for the info Peace!! My mother and father were never married and that is why my last name automatically reverted to my mother's last name. My mother did complete an affidavit of birth for me stating the name change and this was also sentto USCIS prior to me sending in my BC.However I did not include the lettter from the government or other civil authority and that is why they sent me the RFE.

Since that time I have sent the BC, Affidavit done by my mother as well as a letter from the District Administrator in my "County" stating that my last name is Johnson. However, neither this Affidavit nor the letter from the Administrators Office states exactly that I had a name change, they only document that my name is now Johnson. What then can I expect? Just to refresh tho-my parents were NEVER MARRIED so I had to take my mothers last name...

Thanks again Peace. You were very helpful and I hope to get some more solid info!!!!.