Incorrect Birthdate

[Mrs Green 6]

Good day to all. Need some serious advice for my girlfren.

1. My girlfren husband file for her but his birthday is incorrrect on his social security card (November 6). He used this birthdate of November 6 on the I-130 form and submits his his birth certificate which is November 8. Everthing was approved, all fees paid at NVC and she now awaits interview. All of a sudden she start panicking if this incorrect birthdate can cause a problem as it is the date that appears on all correspondence to NVC.

Question--

1.should he try to get his social security corrected now and how. He returned the social security card when he just migrated (2 yrs ago) and it came back uncorrected.

2. should she wait out process and go to interview and hope it all works out

3. She is now visiting him in USA and feel like just staying. He would be qualify for citizenship in 2013. If she becomes out of status, could she forego the F2A interview in JA and adjust status there when he becomes a citizen? Would she have to put in a new application for immigrant visa?

Thanks for your assistance

[Casprd 167]

Not sure if the birthdate discrepency can be explained away or not. My SS card doesn't show my birth date and has no spot for it. A social security statement will show the birth date and maybe on the letter with the card. Regardless of that, whatever document shows the date incorrectly, they can get notarized copies of that and the birth certificate to take to the interview to show it was a mistake but I don't know that that would help. After all, I would think it is uncommon to not know your own birth date.

All that aside, overstaying for 2 years is not a good option. She is risking a denial and a ban which opens up a whole new set of issues. There will be very legitimate questions regarding her intent to immigrate while arriving on a tourist visa. Not to mention the fact that everytime someone does this, it makes it harder for everyone else following the immigration rules. The best way is to go to the interview with enough supporting evidence to show that it was an honest mistake on the documents and get the approval for the spouse visa.

[jncsim 2]

Take the chance for what's it worth and go to the interview bringing lots of evidence. This is better than becoming out of status for the next two years. Anything can happen.

[Mrs Green 6]

Thanks all