New passport of different name and date of birth

[kittee 0]

Well, I went with a passport with a wrong DOB, which I have already reported. I was honest to HK. Did that contribute to a 'lie' when I applied the U.S. visa? Maybe

Can't someone just amend DOB in their home country for normal cases? Because actually, no one would ever really know their DOB. We were TOLD about our DOB ( by parents/birth certificate) and we believed it. I can change what I believe after seeing new evidence that suggests my DOB was wrong right?

Anyway, this is complicated. I'd better take it to a lawyer. Thank you all for your time though.

[Boiler 43,430]

The application form asks for your DOB

[kittee 0]

I don't exactly remember the application form. But I filled in the same information as my HK passport. So the DOB was filled with my wrong DOB. And probably at the end I signed to confirm all the information I filled in was the truth. That's not good. I think I have 'lied'.

[Boiler 43,430]

For an immigrant visa you could argue it was not material.

[kittee 0]

I don't quite get it. Can you explain more?

So you suggest me get married first and apply for spouse visa?

[kittee 0]

OK. i did more search and I understand what you were saying.

So I made a material misinterpretation on my DOB when I applied for tourist visa 4 years ago. I could argue that my DOB is not material since it should not have affected their decision of giving me a visa, is that right?

my record is clean I don't have any criminal record or did I break any immigration law.

thanks for shedding some light on my case!

[Boiler 43,430]

Basically yes.

[subwayguy 100]

Thank you all for your replies.

I know my real DOB. When I immigrated to HK 20 years ago I was only 8. All the papers were handled by my chinese relatives in China. My parents were already HK residents. I am quite sure there were some money and document forgery involved but I was just a minor. I haven't done anything wrong and my life is totally ruined..

Anyway, my DOB on the paper to HK was wrong.

To Kiran n Suds, yes we tried to amend it. My parents reported the error on DOB to the Immigration department immediately after I arrived to HK. I don't know if they didn't care or somehow they used 20 years to investigate and still issued me permanent residency and passport after 7 years living in HK. So i just went with it. (I didn’t know I would meet my fiancé, or to have anything to do with immigration again)

So, we started legal proceedings on my residency 4 years ago. Apparently I lost but I wasn't charged of any offences to immigration law. Maybe because I wasn't involved in the forgery because I was a minor? Maybe they thought it was a technical error? I don't know.

To subwayguy, I was not issued a British passport. Only those were born in HK were allowed to apply for it. From your point of view, it will be an issue even for me to apply for K1? I didn't try to break any law. My fiance and I already have a 10-month old son so we wanted to get married and moved to the US and start his school there.

This issue has been torturing me FOREVER. I am soooo desperate to find a way out of it.

That is just unheard of ! Did you plead for a pardon to the director of immigration department? The director has used 酌情權 to pardon many China born immigrants. British National Oversea passports were issued to Hong Kong permanent residents who are ethnic Chinese regardless of place of birth. My grandmother was born in Shuntak China and holds a British passport.

Wish i could tell you more. I feel terrible after 20 years you were deported. why don't you get married in China an file for an immigrant visa?

[kittee 0]

Thanks Subwayguy. Yeah it was very unfortunate.

I didn't plead because my laywer thought the chance was really small. Also I did not have any paper so I couldn't work and couldn't even leave HK for almost 4 years. It was like a prison to me. And I have a child now all I want is to end this case asap so I voluntarily left HK. I hope to start over a new life with my fiance and my child in the US soon but it seems to me another battle with the immigration. Sigh....

[kittee 0]

why don't you get married in China an file for an immigrant visa?

I'm still exploring options. We really wanted to get married in the US so relatives of my fiancé could attend. He has way more relatives than me. If this doesn't work then we can get married in China and apply for spouse visa.

is CR1/IR1 more possible/easier than K1 in view of my case?

[Boiler 43,430]

Makes no difference.

[subwayguy 100]

I'm still exploring options. We really wanted to get married in the US so relatives of my fiancé could attend. He has way more relatives than me. If this doesn't work then we can get married in China and apply for spouse visa.

is CR1/IR1 more possible/easier than K1 in view of my case?

k1 gives you the pass the seek admission to the states to get married , If I were you, I would save myself some money and trouble to apply for an immigrant visa. You could always make the case that by the time of your visa application, you were not aware of your wrongful DOB listed on your SAR passport since you had nothing to do with it.

Should they have denied your visa , you could always apply for a waiver based on extreme hardship you and your spouse may encounter .

A second thought , as crazy it may sounds , can't you get the public security in mainland to change your DOB on your hukou so it matches your precious DOB listed on your SAR passport ?

Don't worry too much about it , as we say in Chinese 船到橋頭自然直 ( in the end , things will mend )

[kittee 0]

Hello,

I came back to this topic to share with you that I have my interview today and it was approved!

(We later changed plan and get married then filed for CR1 instead of going for K1.)

 

The visa is approved despite all my messy stories that my new passport is a different name and date of birth, and I was deported from Hong Kong earlier. After I have my papers fixed with a corrected DOB, it seems that the US didn't care about my deportation history.

 

I also applied for tourist visa before the CR1 application. And they approved it as well and I travelled to the states several times. 

 

During today's interview I had to answer a lot of questions regarding my name change and change of DOB. But it all turns out fine. 

 

I am very happy that this all worked out.

Hope my experience helps others having the same worries like me before.