I-485 Rfe regarding spouse name on marriage certificate.


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Hi,

We received an RFE(only for spouse, not primary) for I-485 (Emplyment based) regarding the use of spouse's maiden name instead of name (with spouse's surname) mentioned on the marriage certificate. 
Below is the text on RFE:

  "A review of your marriage certificate, reveals that upon marriage your name was changed from ABC 'maiden name' to ABC 'spouse surname'. Normally, a marriage license name change carries a force of law, meaning it is a legal name change. Yet, you have applied for a number of U.S. immigration benefits after marriage using  'maiden name' as your surname.  You submitted your Form I-485 stating that your current legal name is  ABC 'maiden name', not ABC ;spouse surname'. Please provide evidence that you have legally changed your name back to ABC 'maiden name' since getting married. If you have notlegally  changed your name back to your maiden name, please provide an expalanation of under what circumstances you have used the surname 'spouse surname', when and under what circumstances you have  used the surname 'maiden surname', and why you use the surname 'maiden surname' when your marriage certificate states that your surname was been changed to 'spouse surname'. "

 

The basis for this is that, in the marriage certificate there is a field for spouse name before marriage  and name after marriage, and we provided ABC 'spouse surname' for after marriage name field. But mere name mention in the Indian marriage certificate is not considered as a legal name change.

Please let me know if anyone came across such situation and any guidance  on how we can respond to this RFE. Also, is there any legal document or supporting documentary evidence one can provide to prove that name mentioned on the marriage certificate is not sufficient as per Indian name change legal requirements.

We also applied for passport renewal after marriage with ABC 'maiden name' as her current name. Will that serve as an evidence to prove that har name wasn't been legally changed at any point of time.

Any insight to respond this RFE is really appreciated, thanks.

 

 

 

 

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