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Stacia

Misspelled Name on Birth Certificate

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Filed: IR-1/CR-1 Visa Country: Paraguay
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My husband's mother's name is Nelida. On her birth certificate, it is misspelled as Melida. So, on her id card issued by Paraguay, it says her name is Melida. We have been putting Melida on all of our documents (marriage license, I-130, etc.) Well, my husband went to get a certified copy of his birth certificate and it turns out that his mother listed her name as Nelida on his birth certificate. He tried to get it changed, but they say it will take about 6 months to change it. Would it be a problem to send the birth certificate with her name as Nelida to the NVC? We were hoping to move to the US in early December.

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Filed: Country: Monaco
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My husband's mother's name is Nelida. On her birth certificate, it is misspelled as Melida. So, on her id card issued by Paraguay, it says her name is Melida. We have been putting Melida on all of our documents (marriage license, I-130, etc.) Well, my husband went to get a certified copy of his birth certificate and it turns out that his mother listed her name as Nelida on his birth certificate. He tried to get it changed, but they say it will take about 6 months to change it. Would it be a problem to send the birth certificate with her name as Nelida to the NVC? We were hoping to move to the US in early December.

Stacia, legally speaking yes, you would need to have his birth certificate redacted first and then sent to the NVC, so that all instances of her name are spelled similarly in the process. I am almost sure they will refuse your application because of the misspelling.

Having said that, IMHO you could consider requesting the document to be corrected immediately, and including a copy of the request with your paperwork with a written explanation in your package. Worst case scenario is that they will request that it be corrected before they can take any action, but you will never know if you do not try.

It is also very important that his birth certificate is corrected in case he wants to bring her to the US in the future.

Good luck!

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