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oflyingbunnyo

What happens if you file with the "wrong" gender?

By oflyingbunnyo in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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oflyingbunnyo Enthusiast

oflyingbunnyo   119

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Filed: K-1 Visa Country: Costa Rica
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Hello everyone! 

To make a long story short, I'm a MTF trans girl and my husband and I were wondering what'd happen if we file the AOS paperwork with female as my gender? 

As a side note, I have not had any sort of surgery so far nor do I have any paperwork to state the contrary from my birth certificate which says male.

 

Thank you in advance for any input that could be given :) 

 

Spoiler

 

🐇 Sent I-129F: 03/14/2019 

🐇 I-129F NOA1: 03/22/2019 (Received The 18th)

🐇 I-129F NOA2: 06/15/2019 (85 days)

🐇Case transferred to NVC & Case# assigned: 07/10/2019 (25 days) 

🐇 NVC left: 07/23/2019 

🐇 Consulate Received: 07/26/2019 (CEAC switched to ready on the 30th) 

🐇 Interview date: 08/05/2019 (Approved :D:wub:!!!) 

 

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SalishSea Grand Master

SalishSea   17,464

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
8 minutes ago, oflyingbunnyo said:

Hello everyone! 

To make a long story short, I'm a MTF trans girl and my husband and I were wondering what'd happen if we file the AOS paperwork with female as my gender? 

As a side note, I have not had any sort of surgery so far nor do I have any paperwork to state the contrary from my birth certificate which says male.

 

Thank you in advance for any input that could be given :) 

 

Everything must match.  Surgery status is immaterial, but could you get an updated birth certificate?

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

I concur - I would stick with whatever the latest documentation shows.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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SalishSea Grand Master

SalishSea   17,464

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted

From Wikipedia:  On 28 June 2018, President Carlos Alvarado issued an executive decree requiring all state institutions to modify the documents and internal records of transgender people who wish to have their name, photograph or sex changed. The decree applies to passports, driving licenses, ID documents, work permits, university identification, etc.[42][43] Costa Rican officials announced that this was in accordance with the January 2018 Inter-American Court of Human Rights ruling. In December 2018, President Alvarado signed another executive order extending this right to immigrants.[44]

 

May delay your petition filing, but your best bet is to make sure all documents are in agreement when it comes to gender.

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oflyingbunnyo Enthusiast

oflyingbunnyo   119

Posted
Filed: K-1 Visa Country: Costa Rica
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Posted

Thank you so much for the answers everybody! 

Will look into how to prevent this from becoming an even bigger mess than it already is 😅

Spoiler

 

🐇 Sent I-129F: 03/14/2019 

🐇 I-129F NOA1: 03/22/2019 (Received The 18th)

🐇 I-129F NOA2: 06/15/2019 (85 days)

🐇Case transferred to NVC & Case# assigned: 07/10/2019 (25 days) 

🐇 NVC left: 07/23/2019 

🐇 Consulate Received: 07/26/2019 (CEAC switched to ready on the 30th) 

🐇 Interview date: 08/05/2019 (Approved :D:wub:!!!) 

 

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