Hopeless BC issue, get married then adjust passport(merged)

[starjasmine 0]

Hello everyone! I had my K1-Visa interview here in HK in November 2013. All went well except my birth certificate. I was asked to submit a new one with annotation from the NSO. National Statistics Office in Phils won't do the annotation without a Court Order. As I knew about the issue of my BC, I filed a petition in our local Court to get it corrected a year before we started my K1-Visa. Unfortunately the petition was dismissed in March 2012. I later realized that my lawyer should have filed for a Motion for Reconsideration. He didn't. Which ended the chance to get a Court Order. (I think) I am now in my last option. Last month, March, I hired a US Immigration attorney who is based in Manila. So far I gave everything he needed and now making a draft of my case to submit to HK-USC. As not everyone could relate to the dilemma we are in at the moment, one disappointment after the other, my fiancé and I are trying to explore all possible options. We are now into the idea of him coming to HK and marry me here instead. I heard some couples had marriage ceremony in their Country's US Consulate. Our question is, would that be of help in my application? I really appreciate any help you could extend.

Edited April 29, 2014 by starjasmine

[lonelywithouthim1 36]

I don't think so, when/if you submit the I-130, you will still have the same issue with your birth certificate at the NVC stage. I think it's best you first find a solution for that particular issue.

[sweet cakes 326]

Hello everyone! I had my K1-Visa interview here in HK in November 2013. All went well except my birth certificate. I was asked to submit a new one with annotation from the NSO. National Statistics Office in Phils won't do the annotation without a Court Order. As I knew about the issue of my BC, I filed a petition in our local Court to get it corrected a year before we started my K1-Visa. Unfortunately the petition was dismissed in March 2012. I later realized that my lawyer should have filed for a Motion for Reconsideration. He didn't. Which ended the chance to get a Court Order. (I think) I am now in my last option. Last month, March, I hired a US Immigration attorney who is based in Manila. So far I gave everything he needed and now making a draft of my case to submit to HK-USC. As not everyone could relate to the dilemma we are in at the moment, one disappointment after the other, my fiancé and I are trying to explore all possible options. We are now into the idea of him coming to HK and marry me here instead. I heard some couples had marriage ceremony in their Country's US Consulate. Our question is, would that be of help in my application? I really appreciate any help you could extend.

Agreed with above post. A correct BC will still be required nonetheless, both at NVC stage and embassy interview if you take on the spousal visa route. Also, your wait time will start from square 1 too.

Best to really pursue and just have the BC issue resolved. I understand your frustration, and I personally know of some family and friends having issues with their NSO BCs, but there is no way going around it.

Edited April 29, 2014 by sweet cakes

[milimelo 4,481]

US Embassies/Consulate will NOT and can NOT do marriage ceremonies - not authorized to do so. So whoever told you that's what they did- lied.

Why not focus on getting your documents in order before getting married or finalizing K-1 visa?

[starjasmine 0]

Checklist number 7- birth certificate of intending immigrants no longer required.

We started the k1-visa application early in 2012 but my birth certificate didn't matched my travel documents. I tried to find solution to the problem, from the local civil registrar to National Statistics Office, to filing petition to court... after series of disappointments plus draining our funds we got nothing, my birth certificate wasn't corrected. It was so frustrating that we can't get the right people to get to help. I am again back to square one at the moment trying to find a solution. We are now planning to get married and trying to get useful informations as we can. We were again hopeful when my fiancé found the procedure in applying CR-1 visa.

My question is... if CR-1 no longer required a birth certificate, won't my application get complications with my previous k-1 visa application? Appreciate your answers folks!

[SennaBrigante 92]

NVC will ask for your birth certificate.

What's the error in your bc?

[starjasmine 0]

NVC will ask for your birth certificate.

What's the error in your bc?

Thanks SennaBrigante. I have multiple errors, 6 entries. The birth year must get a court order so NSO will correct it (the rest can be done at the Local Civil Registrar), unfortunately the petition was dismissed. I learned later my lawyer didn't do his job. Petition with final decision has no second chance for a trial. We hired an American Immigration lawyer (based in Phils) hoping with his promised to fix everything with his magic draft. On my second appearance the consular didn't even looked at it and said I don't need those lawyers, all I need to do is to get a BC that matched my passport. Now I don't know where to start again. Our visa application will expire in November.

I wonder why the BC is crossed out?

[pushbrk 12,898]

The BC is not required when filing the petition but it is required later at the National Visa Center. It's crossed out, because you are reading a list of requirements for the US Citizen's petition filing, not your visa application.

Don't know what you mean by your visa application will expire in November. Your I-129F petition approval would have an expiration date four months after the approval date, but can be extended by any Consular Officer in four month increments if they choose to do so. Generally, they will, if you are still pursuing the visa.

You said your visa application was "dismissed". That's not a valid term here. Did they give you an opportunity to submit a birth certificate that matches your passport?

Was your interview in Hong Kong or Manila?

Edited June 17, 2014 by pushbrk

[starjasmine 0]

The BC is not required when filing the petition but it is required later at the National Visa Center. It's crossed out, because you are reading a list of requirements for the US Citizen's petition filing, not your visa application.

Don't know what you mean by your visa application will expire in November. Your I-129F petition approval would have an expiration date four months after the approval date, but can be extended by any Consular Officer in four month increments if they choose to do so. Generally, they will, if you are still pursuing the visa.

You said your visa application was "dismissed". That's not a valid term here. Did they give you an opportunity to submit a birth certificate that matches your passport?

Was your interview in Hong Kong or Manila?

Thank pushbrk. I was told by a consular here in HK that my application will be expired in a year from the date of my interview (November 2013). I need to start all over again after that. I didn't say my visa application was dismissed. What I saying above is the petition to my local court in Phils to correct my birth certificate. It doesn't match my records and passport. My birth certificate has 6 wrong entries that needs to be corrected. After the court reached to its finsl decision my petition was closed and cannot file another one again. NSO won't correct BC if no court order.

[NKrishMT 17]

Checklist number 7- birth certificate of intending immigrants no longer required.

We started the k1-visa application early in 2012 but my birth certificate didn't matched my travel documents. I tried to find solution to the problem, from the local civil registrar to National Statistics Office, to filing petition to court... after series of disappointments plus draining our funds we got nothing, my birth certificate wasn't corrected. It was so frustrating that we can't get the right people to get to help. I am again back to square one at the moment trying to find a solution. We are now planning to get married and trying to get useful informations as we can. We were again hopeful when my fiancé found the procedure in applying CR-1 visa.

My question is... if CR-1 no longer required a birth certificate, won't my application get complications with my previous k-1 visa application? Appreciate your answers folks!

I also had my BC corrected(im the beneficiary), and it took more than three months to get my amended BC. The only mistake I did is that we did not know that BC is not really required to file for i-130 in the USCIS stage, so I waited for my BC first. ? But I think I still did the right thing having it corrected asap because NVC will require it soon. My i-130 just got approved. I suggest that you have it amended asap as it would take months for it to get done... In my case, someone in the local registrar did all the job. You can also go to NSO for assistance.

[Darnell 8,478]

back to post #1 -

the BC is not required for the I-130,

but is required for the DS-260.

[starjasmine 0]

I also had my BC corrected(im the beneficiary), and it took more than three months to get my amended BC. The only mistake I did is that we did not know that BC is not really required to file for i-130 in the USCIS stage, so I waited for my BC first. ? But I think I still did the right thing having it corrected asap because NVC will require it soon. My i-130 just got approved. I suggest that you have it amended asap as it would take months for it to get done... In my case, someone in the local registrar did all the job. You can also go to NSO for assistance.

hi Miss KrishMT, I did that ABC's - from local registrar to Court... The LCR told me to file a petition for the birth year, I did that in 2012, after 3 months it was dismissed, my lawyer didn't appeal for motion for reconsideration, the 4rth month Final decision was made and that means i cannot file a petition again. By no choice I took all documents that I have in my interview explaining to the consular what happened. Consular said I still need to get a BC that match my documents. How can I do that? The LCR won't cooperate, they insist that the multiple error BC is mine. NSO won't give me a corrected BC as well if there is no court order. WHERE SHOULD I GO? WHERE WILL I START?

[pushbrk 12,898]

Thank pushbrk. I was told by a consular here in HK that my application will be expired in a year from the date of my interview (November 2013). I need to start all over again after that. I didn't say my visa application was dismissed. What I saying above is the petition to my local court in Phils to correct my birth certificate. It doesn't match my records and passport. My birth certificate has 6 wrong entries that needs to be corrected. After the court reached to its finsl decision my petition was closed and cannot file another one again. NSO won't correct BC if no court order.

Your timeline indicates K1 visa. Is that not correct? Can you change your travel documents to match your birth certificate?

WHY, did the court decide not to correct your birth certificate? What reason did THEY give?

HOW were you able to obtain a passport that doesn't match the information in your birth certificate?

Edited June 18, 2014 by pushbrk

[NKrishMT 17]

hi Miss KrishMT, I did that ABC's - from local registrar to Court... The LCR told me to file a petition for the birth year, I did that in 2012, after 3 months it was dismissed, my lawyer didn't appeal for motion for reconsideration, the 4rth month Final decision was made and that means i cannot file a petition again. By no choice I took all documents that I have in my interview explaining to the consular what happened. Consular said I still need to get a BC that match my documents. How can I do that? The LCR won't cooperate, they insist that the multiple error BC is mine. NSO won't give me a corrected BC as well if there is no court order. WHERE SHOULD I GO? WHERE WILL I START?

I'm sorry to hear that. Well I'm not sure why they dismissed your petition. You mentioned that you have 6 entries that need correction. Mine was about my mother's first name. She used a different name when she was young, and then she found out that she actually has a different first name, totally different first name. I don't know what's wrong with my grandmother!!! So yeah, we presented required documents like my original BC, my mom's BC, my Certificate of Employment,her voter's certificate, and a certain fee for the process including fare going to NSO Manila. Plus a lot of people in our hometown personally know my mom meaning they know that my 'mom's alias' and 'real name' belong to only one person. So I guess that also helped us in the process.

I'm not sure what happens if a petition is dismissed. But I think the LCR should be able to help you or at least give you options. Have you asked help from your hometown Mayor? Or a better lawyer perhaps? Coz I think you should be given another chance to appeal your petition. Btw, what happened to your BC, why are there lots of incorrect entries?

And oh yeah btw, how did you obtain a passport with your uncorrected BC?

Edited June 18, 2014 by KrishMT

[starjasmine 0]

back to post #1 -

the BC is not required for the I-130,

but is required for the DS-260.

Hi Darnell, appreciate your answer