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

[starjasmine 0]

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?

Thank you pushbrk. As a foreign worker here in HK I cannot change my documents, I will be in trouble with the immigration.

The court reasoned my BC was registered 19 days after the date of actual birth. They stick on that reason. Obviously court failed to check the other 5 errors like my mom's name in BC is Leonida, my mom's real name is Marina... etc...at least to consider my claim.

I was 19 when I first attempted to get out of Phils and work. My agent did the processing for me. I wasn't asked to provide a BC then. I was just asked to fill up a paper with my infos then they did all the processing for my passport in the DFA-Department of Foreign Affairs.

[starjasmine 0]

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?

Yes I applied for a K1 visa. We are trying to see if there is other options to soften this issue like getting married here in HK but it seems that there is no other way but to get a BC that match my documents. But how can I do that if our local Government doesn't cooperate?

[NKrishMT 17]

Upon reading all your replies, I assume that you are staying in HK., IMO, I guess it would be better if you appear before LCR in person to ask if they can appeal your petition.

Edited June 18, 2014 by KrishMT

[starjasmine 0]

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?

I wish I know what really happened to my BC KrishMT. This is totally frustrating. None of the LCR officer can give me hope but to pushed me to get a court order. I did, spent a lot of money on stupid lawyers, still I got nothing. They can't even give me another OPTION. I tried to reached NGO's if they could refer me to someone or at least advice me what to do or where to go.... nothing!

A dismissed petition with Finality can't be reopen again. NO CHANCE FOR ANOTHER TRIAL.

I was 19 (obviously naive) when I applied oversea for a job. My agent did all the processing for my passport. Didn't asked for a BC then. I was just asked to give my infos then theY did all the processing in the DFA. If I was required one then I should have known I have an incorrect BC.

[starjasmine 0]

Upon reading all your replies, I assume that you are staying in HK., IMO, I guess it would be better if you appear before LCR in person to ask if they can appeal your petition.

I just made a call yesterday to another employee (I preferred to avoid the previous one) and send PDF of all my documents for her to assess. If she wants my presence I would fly anytime. I was prompted to contact the LCR again because I asked advice last Sunday in the Phil Consute, legal Dept. here in HK. He advised me to go back to where the problem rooted. Like what you had, you "fixed" it at the LCR. I am just worried if LCR wouldn't cooperate. If not... what shall I do? Totally lost at the moment.

[Darnell 8,478]

what if you got a new passport in HKG issued in your BC name?

or at least try to have your current passport amended to the BC name?

Edited June 18, 2014 by Darnell

[POA 178]

I have some questions:

Do you have a PH passport? If so, how did you get a PH passport without presenting your birth certificate?

Are you planning to get married in the PH?

Because if you are, you would need to present your birth certificate to get a marriage license in the PH and they will mirror your info on your marriage contract.

So i guess, the best thing to do is get your birth certificate errors corrected first to make sure all your following documents will be correct.

I'm afraid you really need to get a reliable lawyer to get your bc corrected.

[NKrishMT 17]

I just made a call yesterday to another employee (I preferred to avoid the previous one) and send PDF of all my documents for her to assess. If she wants my presence I would fly anytime. I was prompted to contact the LCR again because I asked advice last Sunday in the Phil Consute, legal Dept. here in HK. He advised me to go back to where the problem rooted. Like what you had, you "fixed" it at the LCR. I am just worried if LCR wouldn't cooperate. If not... what shall I do? Totally lost at the moment.

Yeah, start from the root of the problem. The representative in our LCR filed the petition in Manila. She asked us to wait until the review is done, and luckily it was approved since we had enough evidence.. So she went to NSO Manila again to obtain the corrected BC. They put the corrections on the right side vertically. You can also check if it's legal and passed review if it has OCRG number there, and the name of the LCR head who requested it. Plus I was a able to obtain another copy from the local NSO office in the city where I live, you know just to verify that we are getting my corrected BC legally.

Not sure why they are refusing to help you. Maybe it was because your lawyer failed to file an appeal for the petition... Since it can only be filed once, I don't have any idea how to appeal for that. But for now try speaking with someone who could actually help you like your Mayor or Congressman, and make sure it is done legally.

Edited June 18, 2014 by KrishMT

[starjasmine 0]

I have some questions:

Do you have a PH passport? If so, how did you get a PH passport without presenting your birth certificate?

Are you planning to get married in the PH?

Because if you are, you would need to present your birth certificate to get a marriage license in the PH and they will mirror your info on your marriage contract.

So i guess, the best thing to do is get your birth certificate errors corrected first to make sure all your following documents will be correct.

I'm afraid you really need to get a reliable lawyer to get your bc corrected.

I'm afraid no lawyer, no court this time. The first petition was final. My lawyer's fault, he didn't filed for an appeal.

[POA 178]

I'm afraid no lawyer, no court this time. The first petition was final. My lawyer's fault, he didn't filed for an appeal.

What I was trying to say is, hire a lawyer to get vour birth cert corrected before you start another petition. Just to make sure you have it all correct because if you are planning to get married in th Philippines they wiLl ask for your birth cert and mirror it to your marriage contract. You also need your birth cert in renewing your passport. So it is very important you have all the info correct in your birth certificate.

[starjasmine 0]

What I was trying to say is, hire a lawyer to get vour birth cert corrected before you start another petition. Just to make sure you have it all correct because if you are planning to get married in th Philippines they wiLl ask for your birth cert and mirror it to your marriage contract. You also need your birth cert in renewing your passport. So it is very important you have all the info correct in your birth certificate.

Thanks POA. My petition for correction got a final decision from court after three months. My lawyer could have filed for an appeal. He didn't. After the decision was made final by the court I cannot file the same petition again, anywhere in the Philippines. That is why I said there is no point hiring a lawyer this time. What can a lawyer do if Court won't accept a petition for trial?

Also we are planning to get married in HK not in Philippines.

[POA 178]

Thanks POA. My petition for correction got a final decision from court after three months. My lawyer could have filed for an appeal. He didn't. After the decision was made final by the court I cannot file the same petition again, anywhere in the Philippines. That is why I said there is no point hiring a lawyer this time. What can a lawyer do if Court won't accept a petition for trial?

Also we are planning to get married in HK not in Philippines.

Yeah that really sucks that you spent money for nothing. But just to share experience, when they made a mistake on my name on my social security card here in the US, they asked for my marriage contract and my birth certificate. So I am not sure how will you have it corrected. They usually make a mistake for people with two first names like myself. They tend to put my second name as my middle name. Just out of curiosity, are you holding a PH passport or other country?

[starjasmine 0]

Yeah that really sucks that you spent money for nothing. But just to share experience, when they made a mistake on my name on my social security card here in the US, they asked for my marriage contract and my birth certificate. So I am not sure how will you have it corrected. They usually make a mistake for people with two first names like myself. They tend to put my second name as my middle name. Just out of curiosity, are you holding a PH passport or other country?

I am holding a PH passport. I was 19 when I applied a job oversea and the agent did all for me. I was just asked to give necessary infos then they did the processing in the DFA.

[POA 178]

I am holding a PH passport. I was 19 when I applied a job oversea and the agent did all for me. I was just asked to give necessary infos then they did the processing in the DFA.

I'm sorry I didn't read your previous post. I am also sorry I could not suggest anything to help you but please keep us up to date. Hope you get this fix soon.

[starjasmine 0]

I filed for a K1-visa, had an interview here in HK Nov. 2013. Everything went well except my birth certificate that didn't match my passport. Prior to my application, I filed a petition for correction in Court in Phils early 2012. After 3 months it was dismissed. Since my lawyer didn't made an appeal, the decision made final by the court. That means I cannot file a petition again anywhere in Phils.

After a series of disappointments my fiancé and I are still trying to find help but to no avail. We come up to the idea of getting married here in HK then I will go back to Phils and adjust my passport - follow my birth certificate - as what suggested by some, (I still have to gather how this work) and then adjust my status and then file for a spouse visa. I definitely know the risk involve of getting back here in HK. So more or less I will file my spouse visa application in Phils.

My question is, will the k1-visa I filed in 2012 affect my spouse visa application later? I am thinking, they might dig all my documents and compare with the current one. What are my chances?