Birth Cert. error, no passport

[JimS 1]

We filed back in August 2014, got an approval notice which turned out to be bogus--the California Service Center debacle.

Did not hear anything from NVC which is where the October notice said the visa app had been sent.

Finally around January 9, USCIS notified me with another I-797 stating the visa app had been approved and sent to NVC. Called NVC several times, finally got through to a rep. who said the K-1 Visa had been approved and sent to Manila. We should receive notice in the mail which she said had been mailed.

Nothing yet...

Just discovered her birth certificate does not have a check mark in the sex box... male or female. Both boxes are empty.

Because of that error she was denied a passport--yes, we're late getting this.

Now she needs to go to the midwife who made the error on the original birth certificate which was sent to NSO (Philippines) for the official birth certificate.

It will take a while to get that.. probably a week or more. It's amazing to me that NSO issued a birth cert. without that box checked for sex.

What can we do? I'm surprised that neither USCIS nor NVC caught the error and approved anyway. I'm hoping they will issue an RFE or AP for correction with a new birth certificate which we should have by then.

This was a mistake on my part and hers because we did not notice the no sex checked.

What are other member's thoughts?

Thanks!

Jim

[aaron2020 11,651]

The US doesn't care what sex she is since DOMA was ruled unconstitutional.

You can petition a K-1 for either a male or female partner

P.S. The U.S. has not approved a visa for her. The NVC does not have that authority. Whether she qualify for a visa or not will be determined at an interview at the U.S. embassy.

Edited February 19, 2015 by aaron2020

[apple21 953]

Your wife didn't notice it too right? Much more NSO. They don't give #######. Lol.

[JimS 1]

The US doesn't care what sex she is since DOMA was ruled unconstitutional.

You can petition a K-1 for either a male or female partner

P.S. The U.S. has not approved a visa for her. The NVC does not have that authority. Whether she qualify for a visa or not will be determined at an interview at the U.S. embassy.

If that's the case, then why does NVC send an I-797, approved document to the petitioner? Read their website. It says all visas are approved by NVC now--just as USCIS approves before sending to NVC ....

[sevenrider860 9]

If that's the case, then why does NVC send an I-797, approved document to the petitioner? Read their website. It says all visas are approved by NVC now--just as USCIS approves before sending to NVC ....

Do you want advice or to argue your point? It is the CO at the embassy that makes the final approval for the K-1 visa approval.

Since your application was approved, sent to the NVC and forwarded on to Manila, I don't think you will see an RFE. You can bring the updated birth certificate to the interview. Did you get your Manila case number when you called the NVC? If so, everything is now waiting on you to take action.

Once you get the passport issued, follow the steps at http://visaconnection-philippines.com/.

[JimS 1]

I don't want to argue! Where that assumption comes from I have no idea.

I seek useful advice, not unwarranted or unneeded advice or criticism.

I am fully aware of the steps in the process and the approvals, plural, that are part of the process.

Jim

[usmsbow 801]

If that's the case, then why does NVC send an I-797, approved document to the petitioner? Read their website. It says all visas are approved by NVC now--just as USCIS approves before sending to NVC ....

NVC doesn't send the I-797 to the petitioner, USCIS does. And NVC does not approve the K-1 visa, the consulate does.

And your issue is with the beneficiary's birth certificate right? Well that isn't a part of the process until her interview, that's why you haven't been rejected, received a RFE, etc. If you gave USCIS a copy of her birth certificate, they probably ignored it since it isn't a necessary part of the I-129f "package".

Edited February 22, 2015 by usmsbow

[JimS 1]

Received notice from NVC that the petition for K-1 visa has been sent to U.S. Embassy in Manila. The notice said it may take several weeks to get there.

JIm