N-565 Change DOB on Naturalization Certificate

[mnbinth 2]

My wife was naturalized on 1/29/09. Upon return to Thailand, we learned her date of birth in Thailand had been changed while we were in the U.S. The birth certificate my wife's father had on file that we used for immigration was incorrect and did not match the file at the local "middle of rice field" government office. Her father requested a correction on the Thai household registration book (which is used as proof of birth in Thailand) and when we returned to Thailand, she had to change all her Thai legal documents. We exhausted all legal routes to prevent her birth date from changing in Thailand. All they could do for us was to write a letter stating when the change was made and why. This was done to support her if she needed to change documents in the U.S.

Now her Thai and U.S. passports are different by exactly 7 months (same day, same year, different month). I think this needs corrected in the U.S. but I am absolutely terrified that filing an application for change (N-565) will undue everything we spent years waiting for because they will suspect fraud. We don't know if this will be an issue when crossing the border or not. Since she has dual citizenship, she doesn't need a visa stamp in either passport. I suspect immigration will want to see proof she will be allowed to enter either country (i.e. show a visa in leaving country or passport in entering country). If they notice the date difference, I see nothing but problems ahead. Do you think I should "leave well enough alone" or attempt to correct the naturalization certificate. Given the incompetence we've experienced by USCIS in the past, I'm not optimistic.

I don't see any other way for her to change her U.S. passport unless we fix the naturalization certificate first. At no point did we attempt to attempt to lie which would be a federal crime and I want to do whatever is morally right, but I'm afraid that my good intentions will lead to huge problems.

Edited January 15, 2011 by mnbinth

[NickD 202]

My wife was naturalized on 1/29/09. Upon return to Thailand, we learned her date of birth in Thailand had been changed while we were in the U.S. The birth certificate my wife's father had on file that we used for immigration was incorrect and did not match the file at the local "middle of rice field" government office. Her father requested a correction on the Thai household registration book (which is used as proof of birth in Thailand) and when we returned to Thailand, she had to change all her Thai legal documents. We exhausted all legal routes to prevent her birth date from changing in Thailand. All they could do for us was to write a letter stating when the change was made and why. This was done to support her if she needed to change documents in the U.S.

Now her Thai and U.S. passports are different by exactly 7 months (same day, same year, different month). I think this needs corrected in the U.S. but I am absolutely terrified that filing an application for change (N-565) will undue everything we spent years waiting for because they will suspect fraud. We don't know if this will be an issue when crossing the border or not. Since she has dual citizenship, she doesn't need a visa stamp in either passport. I suspect immigration will want to see proof she will be allowed to enter either country (i.e. show a visa in leaving country or passport in entering country). If they notice the date difference, I see nothing but problems ahead. Do you think I should "leave well enough alone" or attempt to correct the naturalization certificate. Given the incompetence we've experienced by USCIS in the past, I'm not optimistic.

I don't see any other way for her to change her U.S. passport unless we fix the naturalization certificate first. At no point did we attempt to attempt to lie which would be a federal crime and I want to do whatever is morally right, but I'm afraid that my good intentions will lead to huge problems.

Here, I filled out the birth certificate form for my kids, the delivering doctor read and signed it, then sends it off to the county courthouse. See on my stepkids birth certificate, entirely different. Some 6-12 months later, the biological father goes to a notary with a hand full of cash and two witnesses to type up an affidavit and apparently by some idiot that can't even spell a name correctly with a biological father that is too careless even to check it over. With my kids, double and triple checked their formal birth certificate. They did screw up on my youngest daughters middle name, I picked it, so was no argument from them on changing it.

My wife had to go to a court of law in Venezuela to correct my stepdaughters last name, see on my keyboard, the V is right next to the B, they hit the V instead of the B. Was only a hundred US bucks for my wife to do that, but I transferred a couple of hundred US bucks to that judges Miami bank account so he would process her case in a timely manner rather than wait ten years. This is what you run into when dealing with a corrupt country. My US immigration attorney advised me the USCIS would never accept her birth certificate with a misspelled last name on it. that had to be corrected. Yes I hired an attorney, with all those forms and evidence, my head was spinning.

Can only appreciate what you are going through, but do not feel you misrepresented yourself in anyway, you assumed this government document was correct and they changed it. But unfortunately its up to you to pay to have it corrected. Would just tell them your spouses home country screwed up.

This was really a mess for us

[DaveTX 2]

Why change the US documents at all? I'm not sure I see any downside to leaving them alone.

[mnbinth 2]

I'm concerned about problems crossing the border. Airlines always ask to see your passport or visa to enter the next country so my wife will have to show them both her passports. If there are different dates, I don't know if that will raise red flags or not. I was told by the Chiang Mai Consulate general himself that it won't be a problem because the laws are separate and once you're a citizen, what's done is done.

When we have our first child in a couple months in Thailand, the birth paperwork on the Thai side requires her to right down her birth date. When we go to the embassy to get our son his U.S. passport they'll notice the difference there too.

I'm probably too concerned about it.

Why change the US documents at all? I'm not sure I see any downside to leaving them alone.

[mnbinth 2]

Thanks

I think I'll leave the sleeping giant alone and only deal with it if forced to. The difference for my wife was that the abbreviation for 2 months is very similar but Thailand used to never use the birth certificate for anything so the mistake wasn't caught. They use a household registration book to prove birth instead. Her father attempted to correct it when she was a kid and they said they wouldn't do it. 25 years later, they change it. *sigh*

Can only appreciate what you are going through

Edited January 19, 2011 by mnbinth