K1 visa

[Djouba 0]

My fiancé was issued the k1 visa, but while renewing her passport the year on her birthday changed. Now the embassy are asking the NVC if they still can issue the visa. Should I expect a favorable answer or not? If it is not favorable answer, what should we do? Thank you.

[Dashinka 24,792]

So the new passport is wrong?  Is the consulate requesting a new passport with the correct information before actually issuing the visa, or was the visa already issued in her old passport?

[Djouba 0]

2 minutes ago, Dashinka said:

So the new passport is wrong?  Is the consulate requesting a new passport with the correct information before actually issuing the visa, or was the visa already issued in her old passport?

Before the interview she renew her passport. But we found out that the year on her old passport was wrong so we fixed it. But the paper was already at the consulate and ready for the interview.  She did the interview,she presented the new passport and the birth certificate with the correct birth date. The visa  was issued after her interview, but they put the old birth date. So they made a request to the NVC if they still can give her back the passport with the visa issued. 

[Djouba 0]

I forgot to mention that the DS-160 and the I-134 forms have the correct year from her her birthday.

[Dashinka 24,792]

I think the consulate needs to correct the visa with the proper birthdate.  Not really sure why they would be asking a question to NVC.

[Crazy Cat 42,289]

1 hour ago, Djouba said:

But the paper was already at the consulate and ready for the interview.

On what paperwork was the birth date incorrect besides the passport?

Edited December 13, 2023 by Crazy Cat

[Djouba 0]

50 minutes ago, Crazy Cat said:

On what paperwork was the birth date incorrect besides the passport?

In the I-29f we filled it with the incorrect year of the birth date. We were able to know this because when she renewed her passport, she provided her birth certificate and they saw that on the birth certificate the year was wrong and we fixed it. We did the new passport,but the paper was already at the consulate.

[jan22 3,064]

21 hours ago, Djouba said:

Before the interview she renew her passport. But we found out that the year on her old passport was wrong so we fixed it. But the paper was already at the consulate and ready for the interview.  She did the interview,she presented the new passport and the birth certificate with the correct birth date. The visa  was issued after her interview, but they put the old birth date. So they made a request to the NVC if they still can give her back the passport with the visa issued. 

Just to clarify -- NVC has no decision-making role in any part of the process.  I'm sure that they said they would seek a decision from the State Department (or Bureau of Consular Affairs). 

 

The dilemma is, obviously, a visa should not be issued with a known-to-be incorrect birth date.  But, to issue the visa with the newly-established correct birth date would conflict with all of the USCIS records.  I don't know, but I suspect the visa will need to be issued with the correct birth date.

[Djouba 0]

15 minutes ago, jan22 said:

Just to clarify -- NVC has no decision-making role in any part of the process.  I'm sure that they said they would seek a decision from the State Department (or Bureau of Consular Affairs). 

 

The dilemma is, obviously, a visa should not be issued with a known-to-be incorrect birth date.  But, to issue the visa with the newly-established correct birth date would conflict with all of the USCIS records.  I don't know, but I suspect the visa will need to be issued with the correct birth date.

Could they make the correction at the USCIS without starting K1 visa from the beginning?

[jan22 3,064]

1 minute ago, Djouba said:

Could they make the correction at the USCIS without starting K1 visa from the beginning?

I'm sorry, I have no idea how or when the records will be reconciled. 

[Djouba 0]

14 minutes ago, jan22 said:

I'm sorry, I have no idea how or when the records will be reconciled. 

Thank you.