In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

* * *  

1) Question:

My U.S. citizen husband has filed an I-130 for me. USCIS has not approved the I-130 yet and it is over the five month processing time posted on the USCIS website.  What do you recommend we do now? Also I would also like to know if it’s possible to visit the U.S. while my I-130 is still pending.

Answer:

If the I-130 has been pending for more than thirty days beyond the listed processing time (five months) you can call the National Customer Service Center at 1-800-375-5283 and ask them to send an inquiry to the Service Center.

It is extremely unlikely that a U.S. Consular Post would issue a visitor visa to the spouse of a U.S. citizen with a pending I-130.  If you are a national of Canada or another country in the Visa Waiver Program, you can try coming to the U.S. to visit, but you should understand that officers have the discretion to deny you entry into the U.S. when you arrive.  You should be prepared to explain your reason for traveling.

2) Question:

I have an upcoming interview date but I have not yet changed my passport to show my married name.  Also, the minister made a mistake on the marriage certificate showing an incorrect name for husband.  Do you think this will be an issue?

Answer:

A difference in the names on documents (birth certificates, passports, visas, etc.) shouldn’t be a problem when the difference is due to a woman’s name change upon getting married.  This is because a marriage certificate is considered to be a legal name changing document, so the marriage certificate should clear up any difference in names.

However, when the difference in names on documents is due to an error, this can cause problems.  Therefore an attempt should be made to correct the mistake.  If the mistake cannot be corrected, it is helpful to get a letter from the government authority explaining why they cannot correct the mistake.  For birth certificates and marriage certificates, the person should keep an original, or at least a copy of the original document, because the new document may have the current date, which could create a separate set of issues.  If the document cannot be corrected, the person should be prepared to submit documentation, including a sworn statement, explaining the reason for the difference in names on the documents.