Passport differences

[Silk53 1]

Hello,

I have some questions about my fiancee's passport. She does not think it's an issue as it is her passport. There are two things on it which I know to be inaccurate. Her name is different and her birthdate is different. I was trying to figure out how this would impact any of the process to bring her to the US. I can not start filing any paperwork until my divorce is complete and am just trying to be prepared once I can start working on things. She has explained why the name and DOB are different, however, I am concerned it could complicate things. If you need more information, I am happy to provide as I could use all the help I can get in understanding how the immigration process works.

[Darnell 8,478]

there are two types of 'passports' in China -

does she have a passport for international travel ?

and does her name, dob, match her china ID card and/or hukuo book ?

Edited July 6, 2010 by Darnell

[trailmix 77]

there are two types of 'passports' in China -

does she have a passport for international travel ?

and does her name, dob, match her china ID card and/or hukuo book ?

Some of the background is in this thread:

http://www.visajourney.com/forums/topic/263709-overseas-with-questions/page__p__4046368__fromsearch__1#entry4046368

[Darnell 8,478]

Thanks trailmix - just read the 'backgrounder'

OK - so she's using an international passport - got it.

For any paperwork you will fill out - use the passport name, as her passport will be the primary name.

In other places on the I-130 and G-325A - there are the 'other names used' section.

Not knowing 'why' she has different passport name - I'll tell you this -

she'll be OK if YOU use the passport name, then show the 'other names used' section.

Usually, if passport name is different, is one of 3 things (to the best of my knowledge) -

1. China Postal Codes not have her exact name , or clerk at passport ofice decided to use different China Postal Codes for her name - as her 'birthname' might be some regional dialect with different meaning, so the clerk 'normalized' her name using the China Postal Codes handbook and/or online lookup system. OR her 'exact name' could not be found, so clerk chose something similar in meaning, but totally different in 'that' character.

2. She changed her name for legal reasons , or legally changed her name - usually will get new China ID card to reflect this, and passport name will match the new name. China ID card different ? I'm thinking #1, here.

3. She paid a lot of money for 'different name', as her original named is tied up with the Black Society in China, and she couldn't get out of China otherwise.

I'm thinking it's reason @1, but that's just a SWAG (Scientific Wild @ss Guess) at this point. Most of my SWAGs are based on personal knowledge, though.

Edited July 6, 2010 by Darnell

[justashooter 430]

he shehui are not so common, friend, and would not sanction one of their women marrying a long nose.

[Silk53 1]

Thank you for the responses. She told me she has used the name of a family member who passed away in order to get a visa into Dubai as an older female can get a visa into UAE that way. So she got her international passport with a different name and birthdate to get her visa. She has told me her father is not well and knew people in Dubai and had gone their to try and make money to support her father. I know the passport and visa she had was made with her picture and she told me it was different from her China ID. She said in China the passport didn't matter, just her ID card.

[Darnell 8,478]

In other regions of the world, this falls under the guise of 'identity theft'.

When the namechecks are done on her, she'll have some issues.

http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

to 'say it's ok' is actually specious, she's just doing what other Chinese have done, to leave the country.

I get it, really, but for USA immigration, will be some problems.

She should acquire a passport in her own name, with her birthdate, soonish, to avoid any identity theft issues in the future.

Or who knows? maybe it's too late? Maybe since she sneaked out of China using a false passport, she can't immigrate to USA?

Time will tell, on this one. Good Luck, however it turns out.

There's a reason China is a 'high-fraud' country, you've stumbled into a piece of it.

[Silk53 1]

Thank you for the info. I was worried about this one. However, she sees it as her and her passport. I do not know why, as she gets defensive about it, but she does not want to get it corrected. I know she does not want to do fiancee visa as she is afraid if it gets turned down it will take a lot longer to refile. She is also under the impression that once married she will be allowed in no matter what. She has a friend who married someone from Norway and is basing her information off of that. As I've still got time before I can even think of filing (another month and a half), I will just keep slowly working on this. Would it be worth checking with a lawyer?

[Rob & Jin 0]

The first problem you are going to find is that when she gets her police cert & single cert from her Houkou they are not going to match her (fake) passport. GUZ wont issue a visa into a passport that does not match with her Houkou docs, in fact she may get a ban for "misrepresentation". As Darnell said get a new passport.

[Darnell 8,478]

Ah - first 'thing' for documentation - if you two marry in China

is the marriage certificate...

In China - it contains USC's passport #, and PRC Spouse's China ID number. Perhaps she has some plan to get another passport when she signs the DS-230 ?

I gotta tell ya - will be impossible to prove up she visits with you overseas, as she doesn't have a passport in her name - so when the 'matching is done' - she'll fail - won't be any record of her 'chine ID name' in 'that country' .

http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

But hei - perhaps she's got a plan, already, as it already sounds like she has the proper handler ...

[Silk53 1]

Okay, I understand the problems, however, we just had an arguement over it and she's adament about me not worrying. I do not know anything about this stuff, so if you wouldn't mind, explain proper handler. I would appreciate the information.

[Cortr 3]

Sometimes you need to stand up to your fiancee and explain the way things are.

1) The US is not Norway

2) In China they let a lot of these things slide based on guanxi and payoffs and just general lack of caring on the part of the government officials -- however, you are not dealing with the Chinese government. You are dealing with the United States government. That makes YOU the expert and her the student.

3) It doesn't matter what she read online or who she heard whatever from. If she wants to pass, she needs to do it the right way.

4) The US has very strict immigration laws. If she falsifies documentation, they are going to notice it, and they are going to reject her visa application.

* Her name doesn't match -- red flag #1

* Her birthdate doesn't match -- red flag #2

* The name she is using is actually the name of a relative of hers -- red flag #3

5) It does not matter whether it is a fiancee or a marriage visa -- the reviewing process is equally strict in both cases. It will be rejected based on misrepresentation of HER IDENTITY, they will not only deny it -- they will ban her. Period.

She needs to get a new passport with her name on it that matches all of her hukou registration. As someone already mentioned, the documents she presents to the consular officer are all going to be based on her hukou name.

If the consular officer picks up on any of the discrepancies that I've outlined above, they will deny her. Also, any consular officer in Guangzhou is trained to look for fraud, and these aren't dumb people. The selection process for foreign service officers is mind-numbingly competitive and those people are sharp.

You are setting yourself up for failure if you do anything but correct these problems. Why bother to submit if you know you are going to fail?

[Eric & Jin 10]

Listen to what Cortr, Darnell and Rob have said as they have already given some good advice. Her multiple identities will never pass the scrutiny from the Consulate as the VOs in GUZ are well trained in detecting fraud/misrepresentation and visa denials for spouses are not uncommon. What your fiancée is proposing constitutes visa fraud and if caught will incur a ban for future visa eligibility.

She needs to get a passport in her own name and then you will need to make a trip to China to see her so that you can satisfy the requirement that you two have actually met within the 2 years prior to filing your visa petition. Her trip to Dubai to meet you won't count since the passport & visa that she used was under someone else's identity and can't be used as proof that she was actually in Dubai.

[Cortr 3]

That's an excellent point Eric & Jin, I didn't even consider that her travel to Dubai was under a false identity, and thus inadmissable evidence!

[Darnell 8,478]

cotr - thanks for weighing in on this.

I was hesitant to 'make that list' as you did, as it seems the OP is having some argument with his lass over 'what is legal' vs 'what she's done so far'.

But thank you for making that list - you've enumerated the issues she's gonna have, in a clear fashion.

Silk - a 'handler' is someone that usually has big guanxi connections, knows how to 'handle' documents and people, to get ppl out of China. Typically a fee is paid for this service, as well. Is never 'legal' handling. Many handlers are in the 'marriage game', others are in the 'false documents game'. Some are ingrained / enschonched in 'black society' in China, as well. She's saying to you, that this is 'no problem' because her 'handler' told her it is 'no problem'. IMO - she got really lucky in arriving in Dubai. You need to decide if you are going to be pro-active or passive with any future approaches on this 'document'.

IMO, she is having an argument with you about this because she is being 'found out' by you. She's doing something that is illegal for 'coming into the USA' but 'acceptable' for her to leave China and help her family. Family trumps most, alas. I may have alluded to this earlier, but - you really have no 'legal' visit with her in Dubai, and this will be 'found out' when any 'bio page' of her 'current' passport is presented on any paperwork that you might file on her behalf to USCIS.

At some point, you'll need to show that you've visited within 2 years of I-129F submission. Suggest you DO NOT USE that 'visit' in Dubai, at all. The 'why/why not' should be clear, yes? (as Eric has mentioned ).

Edited July 13, 2010 by Darnell