Date of Birth Mismatch on Marriage license, passport and birth certificate

[merks 0]

Here is the situation.

My fiance's birth certificate has the correct date of birth. But there is an incorrect date of birth by one month on the passport. However, we just apply for a marriage license in the U.S. and planning to get marry soon. Since we are using her passport as a form of ID, the marriage license will reflect the wrong DOB. We do plan on correcting the passport DOB to reflect the correct date when filing for I-130 and other forms for CR-1 Spouse Visa.

Will this cause problems for Spouse Visa if we get married with the wrong date of birth? Or is it better to wait to correct the passport first? If we do marry with the wrong date of birth, what are the options to prevent backlog and problems when filing for I-130 and all applicable forms for the Spouse Visa and Consular filing?

I assume that the passport DOB can be changed as long as the court sees a valid Birth Certificate. How long does this normally takes or does it depend on the country?

Thanks!

[TravellingNomad 12]

the length of time will depend on each country how fast they can issue the passport. your fiancee can go to her consulate (if there's one close to your area) and get the DOB on passport corrected there. in which case, she will be issued a new passport with the corrected information.

[bobby_kvisa 7]

It is hard to say anything without knowing your country, but I would think processing time will of course depend on how quickly your country issues passports.

I think you may have to investigate how to correct your Marriage Certificate however.

My thought is that you can go ahead and apply for your I-130 with your Marriage Cert and work on correcting it before the NVC phase.

Depending on your country it may take a longer period of time or be more difficult to correct the Marriage Certificate. This is simply because it is not as common to change Marriage Certificates compared to changes in Passports (name changes, address, changes, other changes).

Also you likely have go to the issuing agency physically to correct your Marriage Certificate and for this you should check if they need both husband and wife to be present to sign documents or something similar.

Your passport can be corrected anywhere - even at an embassy abroad if you are not in your home country.

[joevegas 67]

For what it's worth,get everything fixed Asap!I had the same problem,They had the wrong month of birth on my passport and it didn't match my birth certificate,I had major headaches!..everything should match to avoid problems.

[merks 0]

Thanks for all the replies. My fiance is from South Korea and the month discrepancy for the DOB is because of school.

I am pretty sure that the marriage license can be changed with a copy of the birth certificate in NYC.

Based on everyone's feedback -- sounds like it should be okay to get married as long as we can change the marriage license to match her birth certificate. We are changing the passport DOB but I didn't know how long it will take to get this done before our planned marriage date in the US. Our plan is to match the birth certificate DOB for all the documents. And we should be able to do this before NPV period.

Does this sound right?

[bobby_kvisa 7]

This sounds like a plan - you shouldn't have to worry. Read the I130 guide here - you do not have to send the Beneficiary's Passport or Birth Certificate with the initial I130 application. The I130 is really about the petitioner and not the beneficiary.

The main legal document required in the I130 is the Marriage Certificate - and it sounds like you are able to manage the changes you need for this in NYC.

[merks 0]

This sounds like a plan - you shouldn't have to worry. Read the I130 guide here - you do not have to send the Beneficiary's Passport or Birth Certificate with the initial I130 application. The I130 is really about the petitioner and not the beneficiary.

The main legal document required in the I130 is the Marriage Certificate - and it sounds like you are able to manage the changes you need for this in NYC.

Thank you for the encouragement!