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Posted

Our K1 interview is next week. Her NBI clearance lists her as single (which is correct) but her NSO birth certificate for her child lists her and the father as married. Obviously if she was married the NBI would state she was.

We listed the child on the application and now she is required to bring his birth certificate.

We see a potential problem. But I think that the NBI has more authority and the embassy will believe it more than a birth certificate, Is this a good assumption or not?

Any advice?

Thanks

2005-2007

April 2005 ~~~~~~~~~ met in Palau

March 2007 ~~~~~~~~ 1st visit in PI

October 2007 ~~~~~~~ 2nd visit in PI

2008

April ~~~~~~~~~~~~~ 3rd visit in PI

October ~~~~~~~~~4th visit in PI and travel together to Hong Kong

2009

Aug 9th - 27th~~~~~~~~5th visit to PI and Hong Kong

Aug 26th ~~~~~~~~~Married !

Aug 31~~~I-130 Sent

Sep 1st~~~~~~I-130 delivered

Sep 11~~~~~~~NOA1

Sep 30~~~~~~~NOA2

Oct 06~~~~~~~at NVC

Oct 13~~~~~~~I-864 paid

Oct 26~~~~~~~I-864 returned

Oct 28~~~~~~~IV Bill paid

Nov 30~~~~~~~DS 230 at NVC

Dec 8~~~~~~~~Case Complete

Dec 29~~~~~~~Medical Complete

Jan 14 2010~~~~Interview Approved !

Jan 29~~~~~~~~Flight to US

Filed: K-3 Visa Country: Philippines
Timeline
Posted

she will get CENOMAR from NSO stating she has never been married that when the embassy would verify her papers if it is valid...good luck!

Love is an unexpected thing...and when it arrives grab it with all ur heart....it may pass u jsut once.......

1_217966694l.jpg

11.20.07 : mailed I130

01.23.08 : NOA1

04.21.08 : mailed I129F

04.22.08 : NOA1

05.14.08 : NOA2 both for I 130 and I 129F

06.26.08 : medical exam 2nd day PASSED!!

07.09.08 : interview day! PASSED! PINK SLIP!

07.15.08 : visa on hand!!!

08.01.08 : POE SFO (home with my papi!)

Posted

hello...you can apply nbi clearance either your married or single name if you want...but at the nso when you are registered as married ,it would really come out that you are married....the best thing to do is to get cenomar for her...and about her kid if she was not really married to the father then maybe you need to file pettition for that error....im sure later somebody will give more accurate info than i do

wait.jpg

USCIS

CR1 Filers:

07-26-2007 : I-130 Sent

02-22-2008 : I-130 Approved

NVC

05-06-2008 : NVC Received :

2008-07-01 : Case Completed at NVC

2008-08-05 : NVC Left

USEM

08-25-2008 : Consulate Received

08-20-2008 : Medical Appointment Date

09-04-2008 : Interview Date

STATUS

08-27-2008 : Medical Passed

09-04-2008 : Passed (Pink and White slip) additional documents and Dv

10-17-2008 : visa on hand

DEPARTURE

10-25-2008 : US Entry

Minneapolis : Port of entry

Kansas City, Missouri : Final destination

Posted

she must have written single during her NBI application.. :whistle:

i agree with boyceedith, the NSO got records if ur married or not..

if she's never married then she has to correct that with NSO.. IMO..

goodluck.. :blush:

"i don't know much about love but i know that i love him.."

Filed: K-3 Visa Country: Philippines
Timeline
Posted

CENOMAR or certificate of no marriage will show if she is really married. Doing background checks if she is single or if previous marriage was terminated are just a couple of the major factors that delays the visa. Just to be on the safe side, bring the CENOMAR on her interview. It only takes 2-3 days to get one.

05/18/07 married

05/29/07 sent I-130s for me & my daughter at CSC

06/16/07 checks for I-130 cashed

06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed

06/25/07 check for I-129f cashed

06/29/07 transferred I-129f to CSC

07/03/07 received noa1 in the mail for I-129f

10/31/07 approved K3 and my I-130 except for my daughter

11/05/07 received NOA2 in the mail

12/01/07 received mail from NVC/yey we got our case number

12/20/07 went to St. Lukes and had my early medical exam

01/30/08 schedule for medical

02/07/08 interview, approved!

02/12/08 visa pick-up/cfo

02/14/08 POE-LAX

06/19/08 AOS mailed thru USPS

06/22/08 AOS delivered to Chicago IL

06/28/08 check cashed

06/30/08 received NOA1 dated 06/25/08

07/26/08 biometrics appointment

09/09/08 received EAD card in the mail

12/03/08 received interview letter for Jan 21 2009

01/21/09 approved for conditional permanent residence

02/02/09 permanent residence card arrived in the mail

10/21/10 submit form to remove conditions

01/21/11 10 year gc received

03/05/12 mailed my N-400

03/06/12 received email that they have my N-400

04/05/12 biometrics

Filed: K-3 Visa Country: Philippines
Timeline
Posted (edited)
hello...you can apply nbi clearance either your married or single name if you want...but at the nso when you are registered as married ,it would really come out that you are married....the best thing to do is to get cenomar for her...and about her kid if she was not really married to the father then maybe you need to file pettition for that error....im sure later somebody will give more accurate info than i do

Some local civil registrar does not allow the mother to have the name of the child's last name to be the same as the father unless they are married so they lie about it. I am assuming same thing happens to the fiancee long ago.

Edited by raquel_1208

05/18/07 married

05/29/07 sent I-130s for me & my daughter at CSC

06/16/07 checks for I-130 cashed

06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed

06/25/07 check for I-129f cashed

06/29/07 transferred I-129f to CSC

07/03/07 received noa1 in the mail for I-129f

10/31/07 approved K3 and my I-130 except for my daughter

11/05/07 received NOA2 in the mail

12/01/07 received mail from NVC/yey we got our case number

12/20/07 went to St. Lukes and had my early medical exam

01/30/08 schedule for medical

02/07/08 interview, approved!

02/12/08 visa pick-up/cfo

02/14/08 POE-LAX

06/19/08 AOS mailed thru USPS

06/22/08 AOS delivered to Chicago IL

06/28/08 check cashed

06/30/08 received NOA1 dated 06/25/08

07/26/08 biometrics appointment

09/09/08 received EAD card in the mail

12/03/08 received interview letter for Jan 21 2009

01/21/09 approved for conditional permanent residence

02/02/09 permanent residence card arrived in the mail

10/21/10 submit form to remove conditions

01/21/11 10 year gc received

03/05/12 mailed my N-400

03/06/12 received email that they have my N-400

04/05/12 biometrics

Posted
Our K1 interview is next week. Her NBI clearance lists her as single (which is correct) but her NSO birth certificate for her child lists her and the father as married. Obviously if she was married the NBI would state she was.

We listed the child on the application and now she is required to bring his birth certificate.

We see a potential problem. But I think that the NBI has more authority and the embassy will believe it more than a birth certificate, Is this a good assumption or not?

Any advice?

Thanks

NBI will not state whether she was married or not, unless she will specifically state that she is married and will apply for NBI clearance under her married name.

NBI is for criminal records while NSO is for civil registry records: birth certificates, marriage certificates, death certificates, etc. Both hold the same authority for their respective purpose.

You would need to ask her if she was married or not? If she was not married then she needs to have the kid's birth certificate ammended. If she was previously married but the marriage was annulled or nullified then she only needs to bring her annulment papers during interview.

I hope everything will be sorted out soon. Good luck and God bless.

ROC

still waiting for GC replacement

N-400

04/23/2012...... N-400 packet sent to Lewisville, TX via USPS express mail

04/24/2012...... N-400 delivered signed for by J. Arthur; priority date according to NOA1

04/27/2012...... Check cashed

04/30/2012...... Received NOA 1 dated April 26, 2012

06/01/2012...... Received notice for biometrics dated May 29, 2012

06/20/2012...... Biometrics schedule (early bio June 05, 2012)

06/18/2012...... Email notification, N400 placed in line for interview

06/29/2012...... Email notification, N400 scheduled for interview

07/05/2012...... Interview Letter Received

08/07/2012...... Interview (PASSED)

Link to: Full timeline

God is in CONTROL. His time is always better than mine: never too early yet never late, always the perfect time.

Posted
Some local civil registrar does not allow the mother to have the name of the child's last name to be the same as the father unless they are married so they lie about it. I am assuming same thing happens to the fiancee long ago.

It could be true before the family code was amended.

Article 176 of the Family code states that:

"Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

And so some couple need to lie if they were desperate for the child to use the father's surname but the need to lie for that reason has been eliminated by the enactment of R.A. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father). This new law took effect March 19, 2004 and which also covers those illigitimate children who were born prior to the enactment of the law. (http://www.census.gov.ph/data/civilreg/irr_ra9255.html)

We don't know how old the fiancee's baby is and we still don't know the whole story... she and the father of the child may have lied or may have not. Regardless, she should have this sorted out prior to her interview.

ROC

still waiting for GC replacement

N-400

04/23/2012...... N-400 packet sent to Lewisville, TX via USPS express mail

04/24/2012...... N-400 delivered signed for by J. Arthur; priority date according to NOA1

04/27/2012...... Check cashed

04/30/2012...... Received NOA 1 dated April 26, 2012

06/01/2012...... Received notice for biometrics dated May 29, 2012

06/20/2012...... Biometrics schedule (early bio June 05, 2012)

06/18/2012...... Email notification, N400 placed in line for interview

06/29/2012...... Email notification, N400 scheduled for interview

07/05/2012...... Interview Letter Received

08/07/2012...... Interview (PASSED)

Link to: Full timeline

God is in CONTROL. His time is always better than mine: never too early yet never late, always the perfect time.

Posted

:blink:

I need a little more advice on this.

She found out that her child's Lolo who used to work at city hall "changed" the birth certificate to show that the parents were married.

He says he did this for the child because he wanted the baby to have more advantages in life.

there is also a resgristration number for a marriage on the birth certificate.

this is a little crazy to me.

she is going to NSO first thing Monday morning to apply for CENOMAR.

whats the likelihood that the NSO has recieved notification from the local city hall and they consider her married? how long does it take to get an anullment in philippines?

I am trying to stay calm and relaxed about this.

Our interview is in 4 days.

2005-2007

April 2005 ~~~~~~~~~ met in Palau

March 2007 ~~~~~~~~ 1st visit in PI

October 2007 ~~~~~~~ 2nd visit in PI

2008

April ~~~~~~~~~~~~~ 3rd visit in PI

October ~~~~~~~~~4th visit in PI and travel together to Hong Kong

2009

Aug 9th - 27th~~~~~~~~5th visit to PI and Hong Kong

Aug 26th ~~~~~~~~~Married !

Aug 31~~~I-130 Sent

Sep 1st~~~~~~I-130 delivered

Sep 11~~~~~~~NOA1

Sep 30~~~~~~~NOA2

Oct 06~~~~~~~at NVC

Oct 13~~~~~~~I-864 paid

Oct 26~~~~~~~I-864 returned

Oct 28~~~~~~~IV Bill paid

Nov 30~~~~~~~DS 230 at NVC

Dec 8~~~~~~~~Case Complete

Dec 29~~~~~~~Medical Complete

Jan 14 2010~~~~Interview Approved !

Jan 29~~~~~~~~Flight to US

 
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