F4 Petition: To pay or not to pay visa fee now? Will my sis-in-law need court proceedings to correct entries in her birth cert and marriage certs?

[RedPepper 9]

My bro-in-law a USC, has petitioned his sister(sis-in-law) and her family in 1985. Now their case has been approved and sent out to NVC.

The problem now is that--the family realized there is a problem with the details in my sis-in-law's birth certificate AND marriage certificate that needs correction--seems to me will need legal proceedings. (Name spelling correction on birth cert and date of birth correction on marriage cert)

So the concern now is--given the immigration reform of 2013 on petitioning siblings--total stop on sibling petitions after the 18mos cut-off, would you suggest that my brother in law pay the Visa fee with NVC--that's $230 x 4 pax (including sis in laws husband and children).

The questions are:

1) Should we wait for my sis-in-law to fix her papers before paying? Would it make a difference if we pay now or later?

2) will my sis-in-law need legal proceedings to correct the details or can a lawyer's affidavit be alright to allow corrections with the NSO?

3) will the immigration reform take it's toll on my sis-in-laws petition given it's already at NVC?

4) any advice you can give us on possible problems we have not foreseen yet?

5) any website to refer to to check on the effectivity dates of the immigration reform and how it can affect my sis-in-law's petition?

Thank you for your advice!

Edited January 19, 2014 by RedPepper

[aleful 1,905]

hi

I don't know about the legal documentation in your country, but you are incorrect about the immigration reform. first of all, there is no reform as of yet. the immigration reform did not pass last year. It has to be approved by the whole Congress, the Senate and the House of Representative. It was approved on the senator's side but no the representatives. It's still sitting in Congress

Secondly, the termination of the category is for new petitions If it were to be passed as law, the cut-off 18 month date is for giving time for siblings to apply, not for siblings already petitioned

so forget about it, nothing new, everything is the same for now.

son once the NVC starts requesting payments and documentation, the petitioner has 1 year to continue the process before it is considered abandoned.

Any mistakes have to be corrected

[RedPepper 9]

Thanks! Thats a relief.

So lets say, the visa fees aren't paid until documents for submission are ready--for as long as we do it within the year, we are safe then?

We just don't want payments to be put to waste in case the documents are delayed--due to court proceedings--6 months-9 months

Edited January 19, 2014 by RedPepper

[RogerluvsJessa 10]

I would hold off from paying the fees for now.

If it is a simple name misspelling on the bc (example: an I where an U is suppose to be) they can submit paperwork to their Local Registrars office. This process can take anywhere from 3 to 6 months depending on the Province.

The MC would be same the same process, but let me add depending on whose birth date is incorrect it might not matter. Husband and wife it matters, mother/ father of the groom or wife doesn't matter.

For both the bc and mc make sure they ask for electronic endorsement, it helps it go a little faster. I have seen people get theirs documents corrected in about a month with electronic endorsement.

Good luck!!

[RedPepper 9]

Thanks! If its going to take 3-6 month, you are right! Looks like they didn't go through the electronic route. It's the wife's bc and date of birth of the wife on the mc that's a problem. :-( will have to put that paymet on hold.