Birth Cert Alteration, Denied K1, and now CR1

[anthokad 3]

When i went for my K1 interview at the Lagos Consulate in Dec. 2009, i ignorantly went with a a birth certificate which was altered. What happened was that during this period i was pregnant and on bed rest, so my mother took the responsibility of obtaining the birth certificate for me from the National Population Commission in Benin, Edo State(i reside in Lagos). Due to the fact that i and my husband had done our traditional wedding, she entered my marriage name(mrs............) in the certificate. After i explained to her that my husband filed a K1 visa and we also did not have a marriage certificate yet, she somehow managed to have it corrected(by alteration) to my Maiden Name(Miss.......). I did not notice the visible alterations until the CO pointed it out to me at the interview. So, i did not get the visa on that day,but was given a letter that say...'my application will go through administrative processing'. I and my husband sent letters of appeal to the consulate after this incident and i was rescheduled for another interview 2months later. My mother had sent me another birth certificate from the NPC, without alteration. The only question the CO asked was whether my husband had paid my dowry, i said 'yes' and even showed him pictures of our traditional engagement. He then issued the letter that 'according to nigerian laws, i and my husband are legally married and i am not eligible for a fiancee visa'. the CO verbally told me that my husband should file for me as a spouse......this was how we started the IR1/CR1 visa journey. After this denial, i and my husband were at the embassy last April to be interviewed for our daughter's US passport. the interview was successful, and the CO also wanted to know why i am yet to get a visa. I told him i was denied the K1 visa on grounds that 'we are already married'. He then advised that my husband should file for me as a spouse.

Now my question is....what effect will this birth certificate issue have on my present application and ultimately at my K1 Visa Interview. I just do not know what they have entered in my records, as they did not indicate in any of the letters to me that i presented altered documents.

Also, considering all the above circumstances, how do i best prepare for my next interview? what kind of documentation/evidences should i have at hand?

memories of the trauma i went through at my previous consular visits when i was pregnant keeps flashing in my head, and i am really scared! I have been married and living without my husband for almost two years....and now raising our daughter alone....i can't survive this much longer..

I will really appreciate your help in preparing for my next interview and i pray that as you give me relevant and good advise, God will attend to your situation and help you secure your visas as well.

[Anurag1 0]

When i went for my K1 interview at the Lagos Consulate in Dec. 2009, i ignorantly went with a a birth certificate which was altered. What happened was that during this period i was pregnant and on bed rest, so my mother took the responsibility of obtaining the birth certificate for me from the National Population Commission in Benin, Edo State(i reside in Lagos). Due to the fact that i and my husband had done our traditional wedding, she entered my marriage name(mrs............) in the certificate. After i explained to her that my husband filed a K1 visa and we also did not have a marriage certificate yet, she somehow managed to have it corrected(by alteration) to my Maiden Name(Miss.......). I did not notice the visible alterations until the CO pointed it out to me at the interview. So, i did not get the visa on that day,but was given a letter that say...'my application will go through administrative processing'. I and my husband sent letters of appeal to the consulate after this incident and i was rescheduled for another interview 2months later. My mother had sent me another birth certificate from the NPC, without alteration. The only question the CO asked was whether my husband had paid my dowry, i said 'yes' and even showed him pictures of our traditional engagement. He then issued the letter that 'according to nigerian laws, i and my husband are legally married and i am not eligible for a fiancee visa'. the CO verbally told me that my husband should file for me as a spouse......this was how we started the IR1/CR1 visa journey. After this denial, i and my husband were at the embassy last April to be interviewed for our daughter's US passport. the interview was successful, and the CO also wanted to know why i am yet to get a visa. I told him i was denied the K1 visa on grounds that 'we are already married'. He then advised that my husband should file for me as a spouse.

Now my question is....what effect will this birth certificate issue have on my present application and ultimately at my K1 Visa Interview. I just do not know what they have entered in my records, as they did not indicate in any of the letters to me that i presented altered documents.

Also, considering all the above circumstances, how do i best prepare for my next interview? what kind of documentation/evidences should i have at hand?

memories of the trauma i went through at my previous consular visits when i was pregnant keeps flashing in my head, and i am really scared! I have been married and living without my husband for almost two years....and now raising our daughter alone....i can't survive this much longer..

I will really appreciate your help in preparing for my next interview and i pray that as you give me relevant and good advise, God will attend to your situation and help you secure your visas as well.

You have been VERY STRONG through all this time. I am sorry I can't help you but please DO NOT lose your patience. Keep faith in system. I know its tough, but it will come. Someone here will for sure help you on this.... BE POSITIVE & MORE STRONG. WISHING YOU BEST OF LUCK FOR REST OF YOUR JOURNEY.

[Nijabound 2]

Hi,

The Birth Certificate alteration would not have any negative effect in your case. All you need to do is to advise your Mother or any of your relation to get a Sworn Affidavit from the Magistrate Court in Nigeria duly notarised and registered in the Court registry stating the reasons for the alteration and then provide them with new one attached to it, but let it be the same information.

Another area i wish to bring to your notice is that National Population Commission Started Registration of Birth in Nigeria in 1992. I know the time you were born, but make sure that you do not condradict your statement when such issues arises from the US Consulars. Get ready to explain it to them why it is issued late with another affidavit from your Mother or any of your relations explaining that there was no registry at the time of your Birth.

If you are born within 1979 to 1991, I Will advise you to go your local Govt Area and obtained a Certificate of Birth, If it is not avaliable, Let them issue you a Certificate of non avaiability Certificate stating the reasons the record of your Birth does not exist and obtain two sworn affidavit from your parents in support of your Birth.It is very important and you need to get yourself prepared. There is no problem with changing your Birth Certificate from NPC to Local Govt. If that issues arises from the Consulars, Just let them know that you discovered that you sent them a wrong one and you decided to correct it by obtaining the correct one. It will make the Consular to believe that you are telling him or her the truth.

Note that they have our records of events in Nigeria concerning Birth. It may not come up or it may come up but i am advising you to get a new Birth Certificate if you were born within 1979 to 1991 from your local Govt or from your Local Govt of place of your Birth. All US Consulars officers are not the same, If you produce a certificate that will make them question about the authencity of your Birth, it will delay other process until you produce the right one.

If you have other questions, kindly bring them togther so that they can be addressed. Please i am not an Immigration Attorney but i am advising you from experience. I wish you all the best.

Regards

N.B

[NigeriaorBust 4,087]

With Lagos you should always prepare for the worst. In this vent your altered birth certificate could be viewed as a material misrepresentation. This probably won't happen but it would be worse case. I would have your mother swear an affidavit ( I forget what Nigerian notaries are called ) that she altered the first birth certificate not understand that you are always born in your maiden name. Have that in your files at the embassy in case the question comes up. If it doesn't don't present it. You asked about your K1 interview which you said was already a done deal. In your CR1 interview if anything comes up about your K1 denial because you were already married I would carry a copy of Nigerian marriage law and say that based on that you understood your status at the time was unmarried and you feel you correctly filed for a K1. I hope you had an official marriage for the CR1.

[anthokad 3]

Hi,

The Birth Certificate alteration would not have any negative effect in your case. All you need to do is to advise your Mother or any of your relation to get a Sworn Affidavit from the Magistrate Court in Nigeria duly notarised and registered in the Court registry stating the reasons for the alteration and then provide them with new one attached to it, but let it be the same information.

Another area i wish to bring to your notice is that National Population Commission Started Registration of Birth in Nigeria in 1992. I know the time you were born, but make sure that you do not condradict your statement when such issues arises from the US Consulars. Get ready to explain it to them why it is issued late with another affidavit from your Mother or any of your relations explaining that there was no registry at the time of your Birth.

If you are born within 1979 to 1991, I Will advise you to go your local Govt Area and obtained a Certificate of Birth, If it is not avaliable, Let them issue you a Certificate of non avaiability Certificate stating the reasons the record of your Birth does not exist and obtain two sworn affidavit from your parents in support of your Birth.It is very important and you need to get yourself prepared. There is no problem with changing your Birth Certificate from NPC to Local Govt. If that issues arises from the Consulars, Just let them know that you discovered that you sent them a wrong one and you decided to correct it by obtaining the correct one. It will make the Consular to believe that you are telling him or her the truth.

Note that they have our records of events in Nigeria concerning Birth. It may not come up or it may come up but i am advising you to get a new Birth Certificate if you were born within 1979 to 1991 from your local Govt or from your Local Govt of place of your Birth. All US Consulars officers are not the same, If you produce a certificate that will make them question about the authencity of your Birth, it will delay other process until you produce the right one.

If you have other questions, kindly bring them togther so that they can be addressed. Please i am not an Immigration Attorney but i am advising you from experience. I wish you all the best.

Regards

N.B

Thank you Nijabound. My mother did an affidavit on this last year before my second interview on the K1, but the CO did not even bring up the topic again, he just went ahead and issued the visa denial. Can i still use this same affidavit for my forthcoming CR1 interview? or do i get her to do another one? Now that we have done our wedding at the Ikoyi registry, i have obtained a new birth certificate bearing my maiden name(and my marriage name in parenthesis). I am also in order as per your second paragraph above.

I sincerely appreciate your advise.

Edited December 7, 2010 by anthokad

[anthokad 3]

With Lagos you should always prepare for the worst. In this vent your altered birth certificate could be viewed as a material misrepresentation. This probably won't happen but it would be worse case. I would have your mother swear an affidavit ( I forget what Nigerian notaries are called ) that she altered the first birth certificate not understand that you are always born in your maiden name. Have that in your files at the embassy in case the question comes up. If it doesn't don't present it. You asked about your K1 interview which you said was already a done deal. In your CR1 interview if anything comes up about your K1 denial because you were already married I would carry a copy of Nigerian marriage law and say that based on that you understood your status at the time was unmarried and you feel you correctly filed for a K1. I hope you had an official marriage for the CR1.

thank you NigeriaorBurst. I want to be sure i am prepared for the worst possible scenario this time. I will get a copy of the Nigerian marriage law as advised. Yes we had an official marriage at Ikoyi registry after the K1 denial. I will also ensure i get the sworn affidavit from my mother. I recall that the CO kept asking me at the K1 interview: 'Are you sure you have never been married before?' What kind of evidence do i need to show that my present marriage is my first and only marriage?

I greatly appreciate your advise.

[Nijabound 2]

Thank you Nijabound. My mother did an affidavit on this last year before my second interview on the K1, but the CO did not even bring up the topic again, he just went ahead and issued the visa denial. Can i still use this same affidavit for my forthcoming CR1 interview? or do i get her to do another one? Now that we have done our wedding at the Ikoyi registry, i have obtained a new birth certificate bearing my maiden name(and my marriage name in parenthesis). I am also in order as per your second paragraph above.

I sincerely appreciate your advise.

Hi,

I reviewed your previously denial on K1 Visa and I found out that the Consular has over stepped his bound by saying according to Nigeria Law that you and your Husband are married. Are we following Nigeria Laws Or USCIS laws that approve the Visa petition?. The facts is that the USCIS laws states that if USCIS knows from the beginning that you and your Husband is not legally married and approved the K1 Visa petition, the Consular has no right to deny the Visa unless if there is any information that is not made known to USCIS at the time of Visa Petition approval. The questions become what constitute a legal marriage by USCIS laws on Marriage not by Nigeria laws on Traditional Marriage. Of course Traditional marriage is not a legal marriage for USCIS immigration purposes for approving Fiancée Visa.

The issue is that when the Consular finally denies the Visa, it will be return to USCIS for review and possible revocation which at times the USCIS will not even review and allow it expire and asked the petitioner to file a new petition. I know USCIS, if you have re-filed the petition on the same K1 Visa with the same information, I believe that USCIS would have re approved the Visa K1 Petition again then they will have an opportunity to review consulars note on your file to know if Consulars note for the denial is appropriate apply to US Immigration Laws.

Now since you are legally married, you no longer qualify for that the same K1 Fiancée Visa. Having applied for IR1/CR1 and bear it in mind that you may not meet the same Consular that verbal told you to apply for the spouse Visa. Although your Child is an evidentary proof that the marriage is bonafide which will make Consular to issue the Visa but please do not forget other requirements especially in the area of Birth Certificate. But I think that they would not concentrate on Birth Certificate when you appear again, but get prepared and get a new Sworn Affidavit from your Mother to prove that she is still living if the issue comes up. Tell your Mother to get it done again.

Make sure that you review the Affidavit of Support from your spouse and know all the year earning that is stated in the affidavit, I am thinking that they may concentrate more on the Affidavit of support to know if your spouse meets the minimum requirement for your support and the child since you have already had a child. Other requirements can easily be obtained without any problem.

This is my candid advice to you. I wish you all the best and believe your Visa will be issued to you any time you appeared at the US Consulate at this time. Please be consistent in your statement and do not change it no matter what. Listen to Consular questions very carefully before you answer them and make sure that it corresponds with what is stated in your Spouse Visa approval. Believe it, It is done.

Regards.

N.B

[mill 1]

Nijabound i really do agree with you, you are very right in the advice you just gave. Bravo well done

Hi,

I reviewed your previously denial on K1 Visa and I found out that the Consular has over stepped his bound by saying according to Nigeria Law that you and your Husband are married. Are we following Nigeria Laws Or USCIS laws that approve the Visa petition?. The facts is that the USCIS laws states that if USCIS knows from the beginning that you and your Husband is not legally married and approved the K1 Visa petition, the Consular has no right to deny the Visa unless if there is any information that is not made known to USCIS at the time of Visa Petition approval. The questions become what constitute a legal marriage by USCIS laws on Marriage not by Nigeria laws on Traditional Marriage. Of course Traditional marriage is not a legal marriage for USCIS immigration purposes for approving Fiancée Visa.

The issue is that when the Consular finally denies the Visa, it will be return to USCIS for review and possible revocation which at times the USCIS will not even review and allow it expire and asked the petitioner to file a new petition. I know USCIS, if you have re-filed the petition on the same K1 Visa with the same information, I believe that USCIS would have re approved the Visa K1 Petition again then they will have an opportunity to review consulars note on your file to know if Consulars note for the denial is appropriate apply to US Immigration Laws.

Now since you are legally married, you no longer qualify for that the same K1 Fiancée Visa. Having applied for IR1/CR1 and bear it in mind that you may not meet the same Consular that verbal told you to apply for the spouse Visa. Although your Child is an evidentary proof that the marriage is bonafide which will make Consular to issue the Visa but please do not forget other requirements especially in the area of Birth Certificate. But I think that they would not concentrate on Birth Certificate when you appear again, but get prepared and get a new Sworn Affidavit from your Mother to prove that she is still living if the issue comes up. Tell your Mother to get it done again.

Make sure that you review the Affidavit of Support from your spouse and know all the year earning that is stated in the affidavit, I am thinking that they may concentrate more on the Affidavit of support to know if your spouse meets the minimum requirement for your support and the child since you have already had a child. Other requirements can easily be obtained without any problem.

This is my candid advice to you. I wish you all the best and believe your Visa will be issued to you any time you appeared at the US Consulate at this time. Please be consistent in your statement and do not change it no matter what. Listen to Consular questions very carefully before you answer them and make sure that it corresponds with what is stated in your Spouse Visa approval. Believe it, It is done.

Regards.

N.B

Nijabound i really do agree with you, you are very right in the advice you just gave. Bravo well done