Hi,

My wife and I recently got married.  We just noticed that the
spellings of my parent?s names are not correct on the marriage
license. My wife is planning on filing immigration paperwork to get
her green card.  We got married in NJ and plan on filling the
immigration paperwork in NJ as well.

Do you know if the misspelled names will cause a problem with her
paperwork?  We are worried that this may cause a delay in the entire
process.  We are unaware of how important the spelling of the names
is.  Any information you could provide would be help full.

Thanks & Kind Regards ? Jack

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Clarification of Question by jack_777-ga on 19 Mar 2006 13:52 PST

Also, we would like to know if we can still file her immigration paper
work (Change of Status Form) and include a letter explaining the
situation.  We heard that it may take as long as 6 months to correct
the marriage license.  We got married only a few days ago.

Hi Jack,

The "marriage license" may have your inlaws names on it, but the
"marriage certificate" that you will receive from NJ Registrar will
not. It is the certified copy of the marriage certificate that you
will include in the application, not the license.  Immigration
officials will check the certificate's validity with the NJ State
Bureau of Vital Statistics and Registration, but they will be
confirming the validity of the marriage, nothing else. For me, I don't
think it will be noticed  (especially if you guys didn't even notice
it!) because those names won't be at issue.  I would not draw
attention to the errors by including a letter with the application,
that would only confuse things because Immigration will not have a
copy of the license with your wife's application, they will only have
the marriage certificate.

Correcting a Vital Record
http://www.state.nj.us/health/vital/amend.shtml

Marriage Certificates
http://www.state.nj.us/health/vital/marriage2.shtml


I'm sure you know how to apply for adjustment of status, but here are
a few links that may be useful (most of which I'm sure you have).  I
would also advise you to submit the I-485 and I-130 concurrently and
to include the I-131 too so your wife will have permission to travel
in case of an emergency.

"Permanent Residence via Marriage to a U.S. Citizen" handout:
http://www.isso.cornell.edu/immigration/visasaftergrad/PR.marriage.pdf

Application Procedures:
Becoming a Permanent Resident While in the United States
http://uscis.gov/graphics/howdoi/LPRApplication.htm

Permanent Residency (Green Card)
http://uscis.gov/graphics/faqsgen.htm#greencard

FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf

Special Instruction:
"The I-485 in this case may be filed at the same time as the visa
petition (I-130) which is filed by the U.S. citizen or lawful
permanent resident. See your local office "About Us" page for any
special local instructions including any local forms needed to apply
for permanent residence."
You may also submit the following forms:
" I-131, Application for Travel Document, if you need to travel
outside the United States while your application is processed "
http://uscis.gov/graphics/formsfee/forms/i-485.htm

Petition for Alien Relative
"NOTE: If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant resides."
http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf

FORM I-130, Petition for Alien Relative 
http://uscis.gov/graphics/formsfee/forms/I-130.htm

Form I-131, Application for Travel Document, if you need to travel
outside the United States while your application is processed
http://uscis.gov/graphics/formsfee/forms/i-131.htm

Processing Times:
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eqO8DUrVCaS6

I don't want to end this without saying *Congratulations* and to wish
you both all the best. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.  That all said,  if you want to be absolutely sure that the
spelling won't cause a fuss, have it corrected before you apply to
Adjust Status.

Thank you,
hummer

Search strategy: I have done extensive research on immigration issues
and used that. I also used the search terms marriage licence
certificate nj vital records

Hi Hummer,

Thank you very much for your quick and detailed response.  Your answer
to our query was very informative.  Great work!

Thanks & Kind Regards,
Jack