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Filed: K-1 Visa Country: Philippines
Timeline
Posted

My fiance just got back from the DFA getting her passport issued, when she came to discover that her birth certificate has her listed as Male rather than Female. We're going to have her go immediately to get this corrected in Bicol, but I'm freaking out here because from what I've been reading, the correction of this can take multiple months (3-6?!). I plan on calling the embassy on Monday to figure this out, but since we have already gotten to the stage of scheduling our interview, is there anything we can do aside from canceling and waiting for this correction to be made?

Her passport, CENOMAR, NBI, and every other document she possesses shows her as female, but it's just this one thing that lists her as male. We do fully intend on correcting this with the NSO, but I just want to know if anyone has any experience with issues during the interview process if we have proof of the correction process taking place, or something along those lines? I'm praying that it'll only be the supposed 3-week publication of the change to process, but any information on this would be greatly appreciated.

Filed: IR-2 Country: Philippines
Timeline
Posted

My fiance just got back from the DFA getting her passport issued, when she came to discover that her birth certificate has her listed as Male rather than Female. We're going to have her go immediately to get this corrected in Bicol, but I'm freaking out here because from what I've been reading, the correction of this can take multiple months (3-6?!). I plan on calling the embassy on Monday to figure this out, but since we have already gotten to the stage of scheduling our interview, is there anything we can do aside from canceling and waiting for this correction to be made?

Her passport, CENOMAR, NBI, and every other document she possesses shows her as female, but it's just this one thing that lists her as male. We do fully intend on correcting this with the NSO, but I just want to know if anyone has any experience with issues during the interview process if we have proof of the correction process taking place, or something along those lines? I'm praying that it'll only be the supposed 3-week publication of the change to process, but any information on this would be greatly appreciated.

I would definately go to the interview as normal. That 1 mistake at this point should not cause a problem. But definately get on the NSO about changing her sex. I do very much understand that dealing with the NSO takes time.....same as any other government office in Pinas. Good luck to the both of you.

Posted

I suggest her see a lawyer instead and request for an AFFIDAVIT OF EXPLANATION

first she needs to provide a written explanation from her mother for the incorrect

input of her gender, and add 2 more unrelated person to prove that she is a female

(like her neighbor or childhood friends) then collect documents like her school record

and other proof of doc. that she got a FEMALE Gender on it. then bring her concern

to a lawyer and ask for an Affidavit of Explanation for her BC.

this will be just for temporary support for her birth certificate while her

BC is under process of correcting it.

Hope this helps :)

Our Time Line
---------------------------
CR-1/CR-2
---------------------------


USCIS Stage: (13 DAYS)
Apr 15, 2012 - Filed I-130 ($420 x2)
Apr 19, 2012 - NOA-1
May 2, 2012 - NOA-2


NVC STAGE: (56 DAYS)
05/21/12 - Case finally entered into NVC system
05/25/12 - Received case #, IIN, and BIN, gave e-mail addresses, sent optin e-mail
05/25/12 - Received info package and AOS bill e-mails from NVC
05/25/12 - AOS bill invoiced & paid ($88)
05/29/12 - AOS bill appears as PAID
06/01/12 - IV Bill Invoiced & PAID ($230 x2)
06/04/12 - IV Bill Shows PAID
06/15/12 - AOS & IV Packages sent
07/02/12 - RFE email received
07/06/12 - Sent NSO copy of MC and BC
07/16/12 - Case Complete (2nd Wedding Anniversary)
08/01/12 - Interview Date Assigned -->>>>(Sept.5, 2012@ 6:15am)



Medical/CFO / Consulate / POE:
08/29/2012-------- Medical Exam: PASSED
08/30/2012 ---------Advance CFO @SMEF-COW
09/05/2012-------- Interview: VISA APPROVED!!!!

09/11/2012 ------- VISA RECEIVED!
10/02/2012 -------- POE = Honolulu, Hawaii
Welcome to Hawaii

10/18/2012 - received 10yr. GC & SSN#

Filed: K-1 Visa Country: Philippines
Timeline
Posted

My fiance just got back from the DFA getting her passport issued, when she came to discover that her birth certificate has her listed as Male rather than Female. We're going to have her go immediately to get this corrected in Bicol, but I'm freaking out here because from what I've been reading, the correction of this can take multiple months (3-6?!). I plan on calling the embassy on Monday to figure this out, but since we have already gotten to the stage of scheduling our interview, is there anything we can do aside from canceling and waiting for this correction to be made?

Her passport, CENOMAR, NBI, and every other document she possesses shows her as female, but it's just this one thing that lists her as male. We do fully intend on correcting this with the NSO, but I just want to know if anyone has any experience with issues during the interview process if we have proof of the correction process taking place, or something along those lines? I'm praying that it'll only be the supposed 3-week publication of the change to process, but any information on this would be greatly appreciated.

hi i believe i can give you some information.. a year ago i was correcting my Birthcertificate.. it take a lot of time before it was legally corrected.. i been thru court hearings TWICE..imagine that!!.. im not scaring you.. but the fact that we filed the petition for correcting of entry then first hearing is like a "accptance of case" then they will schedule you for another hearing and that is when you have to prove the court that you are male or female.. you hve to do medical ultrasound to show that you are a FEMALE not a male.. then publication of papers for 3 consecutive weeks.. it is a very lengthy process.. mine took a year before we can file a k1 visa..this is our big problem before , because since my Birthcertificate has a incorrect information then we do the correction process first of all.. my case is i removed the last name of my DAD since they are not married and i am using my MOM's maiden lastname ever since... now mybe you are wondering why i know how your case..i have friend who filed a correction of entry and her problem is the same as yours.. it took a year because after the hearing ,, its 90days of waiting if your petition is approved or not..then that 90days still have few months to wait for sending the approved case to makati office..then its 30days..after that you will file the approved petition in Local civil registrar.. 15days of waiting then you will go to NSO to file in CENSUS about the correction so they can put an annotation on your fiances BC ..i suggest that you appear on your interview because it will be a lengthy process.. if you Get lucky mybe the CO will not recognize the mistake on your fiances bc ..in supporting documents maybe try to bring an affidavit stating about the incorrect gender,,show it if the CO notice it..but if not..then dont mention it hahaha mybe youll get lucky.. try to visit your local civil regstrar to ask information about her BC problem..they will tell you about the procedure.. i dont want to scare you but i read forum that has the same issue as you , and they got denied.. because CO has to make sure that the fiance is really a female and not a male who was sex changed.. if ever your resched your interview i think you will fail to meet the maximum time for finishing all the reuirements for getting the visa..which will be expired i guess..

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thanks for all the responses, I really do appreciate it! My fiance is headed back to her hometown to verify the entry at the local office; she requested this particular birth certificate only a few months ago, so it's possible that there was a discrepancy with what was on file at the NSO and what was originally on file at the Local Registry (or just a flat-out typo since this was pointed out when she got her passport stuff done). If not, we've got a family friend who can put us in touch with a lawyer familiar with the NSO (can't believe how crazy their offices are when it comes to screwing up basic stuff like this!).

I'll keep everyone posted so I know how we get through this. Lord knows it's driving me crazy right now as it is!

Posted

Thanks for all the responses, I really do appreciate it! My fiance is headed back to her hometown to verify the entry at the local office; she requested this particular birth certificate only a few months ago, so it's possible that there was a discrepancy with what was on file at the NSO and what was originally on file at the Local Registry (or just a flat-out typo since this was pointed out when she got her passport stuff done). If not, we've got a family friend who can put us in touch with a lawyer familiar with the NSO (can't believe how crazy their offices are when it comes to screwing up basic stuff like this!).

I'll keep everyone posted so I know how we get through this. Lord knows it's driving me crazy right now as it is!

well also had a problem with my BC but it's my mother's name spelled incorrect. so what I did first is

went to the Local Civil Registry where I am registered. and filed for correction of error, paid 1000 pesos

and will take 2-3 months of process, that's why I requested for Affidavit of Explanation from my lawyer,

just in case USEM seen the error.

Our Time Line
---------------------------
CR-1/CR-2
---------------------------


USCIS Stage: (13 DAYS)
Apr 15, 2012 - Filed I-130 ($420 x2)
Apr 19, 2012 - NOA-1
May 2, 2012 - NOA-2


NVC STAGE: (56 DAYS)
05/21/12 - Case finally entered into NVC system
05/25/12 - Received case #, IIN, and BIN, gave e-mail addresses, sent optin e-mail
05/25/12 - Received info package and AOS bill e-mails from NVC
05/25/12 - AOS bill invoiced & paid ($88)
05/29/12 - AOS bill appears as PAID
06/01/12 - IV Bill Invoiced & PAID ($230 x2)
06/04/12 - IV Bill Shows PAID
06/15/12 - AOS & IV Packages sent
07/02/12 - RFE email received
07/06/12 - Sent NSO copy of MC and BC
07/16/12 - Case Complete (2nd Wedding Anniversary)
08/01/12 - Interview Date Assigned -->>>>(Sept.5, 2012@ 6:15am)



Medical/CFO / Consulate / POE:
08/29/2012-------- Medical Exam: PASSED
08/30/2012 ---------Advance CFO @SMEF-COW
09/05/2012-------- Interview: VISA APPROVED!!!!

09/11/2012 ------- VISA RECEIVED!
10/02/2012 -------- POE = Honolulu, Hawaii
Welcome to Hawaii

10/18/2012 - received 10yr. GC & SSN#

Filed: K-1 Visa Country: Philippines
Timeline
Posted

lolz... Mine too! It was male and we were all set for my wedding and stuff...apparently my dad didnt fix this issue before.. We knew this for so long but knowing it has already been fixed. My BC shows Male. For regular process for gender, You have to file it in the court and wait for hiring which will take like more than 1 yr :bonk::wacko: . What we did, My uncle knows someone who is from NSO where I was born, then the lawyer from that office filled it in the court. By the way I paid for 25t for that process..Though I just waited like 1 month for that to be processed. Once they have the papers, ask your gf to file it directly to NSO manila, cause if BICOL NSO office will forward this correction papers to Manila NSO that will take 3 more months of waiting or more.. :yes: What I did, I got the judicial papers and stuff, then I went to manila NSO then done! :) its all filed and i got my female NSO after two weeks as scheduled date by them.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

lolz... Mine too! It was male and we were all set for my wedding and stuff...apparently my dad didnt fix this issue before.. We knew this for so long but knowing it has already been fixed. My BC shows Male. For regular process for gender, You have to file it in the court and wait for hiring which will take like more than 1 yr :bonk::wacko: . What we did, My uncle knows someone who is from NSO where I was born, then the lawyer from that office filled it in the court. By the way I paid for 25t for that process..Though I just waited like 1 month for that to be processed. Once they have the papers, ask your gf to file it directly to NSO manila, cause if BICOL NSO office will forward this correction papers to Manila NSO that will take 3 more months of waiting or more.. :yes: What I did, I got the judicial papers and stuff, then I went to manila NSO then done! :) its all filed and i got my female NSO after two weeks as scheduled date by them.

wow you are lucky to know someone in the office .. mine takes 1 year for just correcting it..it sucks!!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Let me know for any updates, If any case Ill ask my uncle if his friend has any means to deal with NSO Bicol region.. i know how it feels. I really dont want those time of waiting and asking for all lawyers to fix it for me.. mind you they can rob you big time!!! and no assurance when this process to be done! I cry at night for this.. My fiance gets irritated for waiting.. so many negative vibes.. Im just so glad that im over it.. Now its time for waiting our K1 visa. If in any case I can help.. just PM.. :thumbs:

Filed: K-1 Visa Country: Philippines
Timeline
Posted

wow you are lucky to know someone in the office .. mine takes 1 year for just correcting it..it sucks!!

yeah! It was so frustrated at that time cause I researched was to really file it in the court and process a medical record proving that your female. I have talked to someone from NSO aswell, asking for 50-60t just to process it.. but that takes like 6 months. I was thinking 6 months is better than 1 year which regular lawyers claim.. Good thing my Uncle was a pastor in our province and he knows a person who works in NSO so he was able to help me! :whistle:

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Let me know for any updates, If any case Ill ask my uncle if his friend has any means to deal with NSO Bicol region.. i know how it feels. I really dont want those time of waiting and asking for all lawyers to fix it for me.. mind you they can rob you big time!!! and no assurance when this process to be done! I cry at night for this.. My fiance gets irritated for waiting.. so many negative vibes.. Im just so glad that im over it.. Now its time for waiting our K1 visa. If in any case I can help.. just PM.. :thumbs:

Thanks very much for the information jbee, I've sent a PM to you. :)

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

I suggest her see a lawyer instead and request for an AFFIDAVIT OF EXPLANATION

first she needs to provide a written explanation from her mother for the incorrect

input of her gender, and add 2 more unrelated person to prove that she is a female

(like her neighbor or childhood friends) then collect documents like her school record

and other proof of doc. that she got a FEMALE Gender on it. then bring her concern

to a lawyer and ask for an Affidavit of Explanation for her BC.

this will be just for temporary support for her birth certificate while her

BC is under process of correcting it.

Hope this helps :)

Just to clarify, does this AFFIDAVIT OF EXPLANATION help us in the interview process, or would we still need to wait for the NSO Birth Certificate to obtain the visa? I mean, if it's in process for the correction, would this Affidavit possibly work as an annotated correction, as long as we provide the corrected BC after it is received?

It just seems so silly to me that something as simple as a check box would stop or deny our petition, especially considering she will need to go through a medical process prior to interview that more or less proves her sex. Not to mention the fact that we only discovered this after the DFA saw it when she was getting her passport, and they approved her for that!

My fiance is extremely upset right now, and I'm doing whatever it takes to calm her down and find answers.

Edited by Samuel and Marvic
Posted (edited)

Just to clarify, does this AFFIDAVIT OF EXPLANATION help us in the interview process, or would we still need to wait for the NSO Birth Certificate to obtain the visa? I mean, if it's in process for the correction, would this Affidavit possibly work as an annotated correction, as long as we provide the corrected BC after it is received?

It just seems so silly to me that something as simple as a check box would stop or deny our petition, especially considering she will need to go through a medical process prior to interview that more or less proves her sex. Not to mention the fact that we only discovered this after the DFA saw it when she was getting her passport, and they approved her for that!

My fiance is extremely upset right now, and I'm doing whatever it takes to calm her down and find answers.

I will update you after my interview and we will see if this Affidavit of Explanation is enough for the meantime same as me in regards of my mother's name, I'm able to get a passport and even got married here in the Philippines with my mother's name spelled diff. from my MC and my BC. I am just being prepared of what ever circumstances that's why I requested for Affidavit of Explanation.

Edited by VirtualLee

Our Time Line
---------------------------
CR-1/CR-2
---------------------------


USCIS Stage: (13 DAYS)
Apr 15, 2012 - Filed I-130 ($420 x2)
Apr 19, 2012 - NOA-1
May 2, 2012 - NOA-2


NVC STAGE: (56 DAYS)
05/21/12 - Case finally entered into NVC system
05/25/12 - Received case #, IIN, and BIN, gave e-mail addresses, sent optin e-mail
05/25/12 - Received info package and AOS bill e-mails from NVC
05/25/12 - AOS bill invoiced & paid ($88)
05/29/12 - AOS bill appears as PAID
06/01/12 - IV Bill Invoiced & PAID ($230 x2)
06/04/12 - IV Bill Shows PAID
06/15/12 - AOS & IV Packages sent
07/02/12 - RFE email received
07/06/12 - Sent NSO copy of MC and BC
07/16/12 - Case Complete (2nd Wedding Anniversary)
08/01/12 - Interview Date Assigned -->>>>(Sept.5, 2012@ 6:15am)



Medical/CFO / Consulate / POE:
08/29/2012-------- Medical Exam: PASSED
08/30/2012 ---------Advance CFO @SMEF-COW
09/05/2012-------- Interview: VISA APPROVED!!!!

09/11/2012 ------- VISA RECEIVED!
10/02/2012 -------- POE = Honolulu, Hawaii
Welcome to Hawaii

10/18/2012 - received 10yr. GC & SSN#

Posted

From reading the responses here, and talking to my wife, it is absolutely RIDICULOUS that it costs 25~60 thousand php to get it corrected, plus having to wait a year to accomplish. Personally, I'd try to get the visa without it. If you get hung up there, then you have no choice but to correct it.

But if you DO get thru the visa process, you are still faced with the dealing with the delay because she will want to have a correct BC for things here in the US, as it is a form of ID for her. Still ridiculous to have to pay $600-$1400 to get it done. Now I understand why my wife never changed her birth date which is wrong by one year. Just not worth the effort.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

From reading the responses here, and talking to my wife, it is absolutely RIDICULOUS that it costs 25~60 thousand php to get it corrected, plus having to wait a year to accomplish. Personally, I'd try to get the visa without it. If you get hung up there, then you have no choice but to correct it.

But if you DO get thru the visa process, you are still faced with the dealing with the delay because she will want to have a correct BC for things here in the US, as it is a form of ID for her. Still ridiculous to have to pay $600-$1400 to get it done. Now I understand why my wife never changed her birth date which is wrong by one year. Just not worth the effort.

Thanks for your response. Yeah, it is extremely ridiculous that this would be something that would stand in our way, and I'm trying to see what other people have done to see what the best course of action is. I certainly want to get this corrected for her, but my fiance is so very stressed with this revelation...the idea of having to go through such a complex process combined with the gigantic delay of time could prove to be too much for her. I'm still praying for that miracle and hoping to get assistance from people I've reached out to regardless, and am hoping for a positive answer to give to her. :)

 
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