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Lia792

2 Questions: Error on Birth Certificate & I-864

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I have 2 questions if anyone can help me with them:

1. My husband's birth certificate has his Mom's birth year listed incorrectly. His Dad did it on purpose because he was embarrassed that his wife was older than him. However, on the I-130 we have it listed correctly. We are getting ready for Packet 3 and obviously have to put the correct birth date. Will it be a big problem when they look at his birth certificate and see the discrepancy? Do we have to get the birth certificate corrected or would a birth certificate for his mom verify what we wrote?

2. I-864. I am trying to decide when to move back to the US. I have a job offer, but it is the same job I worked for during 3 years up until last May, so I have 3 years of taxes with that job on it showing I make more than 125% of the poverty level. However, it is a healthcare job so it is not exactly a salary job - it works by hours and slots are not guaranteed. We also have some assets. I don't want to have to get a co-sponsor, so I am trying to decide when I need to go back in order to satisfy the requirements on my own. Do you think it would be sufficient to move back once we get Packet 3, so about a month or two before the interview?

Thanks for your help!


April 19, 2010 - NOA1 (documents received at Mexico City Embassy)

April 20, 2010 - NOA2 (received notice April 28, 2010, mailed April 27)

May 3, 2010 - Packet 3 sent (received May 27, 2010)

May 9, 2010 - I emailed them using the inquiry form asking for my case number

May 17, 2010 - received case number and link to Packet 3 by email

May 18, 2010 - sent Packet 3 to Ciudad Juarez

May 28, 2010 - called Ciudad Juarez to see if we had an appointment yet, they said wait 6-8 weeks :(

May 30, 2010 - I return to the US

June 8, 2010 - called and found out appointment date

June 16, 2010 - received Packet 4

July 6, 2010 - interview - Approved!

July 7, 2010 - pick up visa at DHL and POE to activate

July 29, 2010 - welcome letter received

August 1, 2010 - my husband comes home to me

August 13, 2010 - received Green Card

September 28, 2010 - never received Social Security Card, had to apply for it, arrived Sept. 28

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

You have 3 solutions:

1- correct the I130

2- correct your husband's birth certificate

3- try to explain to the US bureaucracy that you are right but that your husband's birth certificate is wrong.(by giving them the Mom's birth certificate)

I would eliminate immediately solution 3. What they want to see is the concordance between what you write on the I130 and the official document provided.

Personnaly i would wait until they notice the discrepancy and then say that it is an error...and correct the I130 so it will give the same info than your husband's birth certificate. It seems the easiest solution IMO.


I130

2010/01/16: I130 sent at US Embassy Mexico DF

2010/01/19: I130 received (UPS confirmation)

2010/03/03: I130 package returned. Asking for utility bills.

2010/03/03: I130 sent again at US Embassy Mexico with the utility bills...

2010/03/08: Received a call from the Embassy: I130 ok and sent to CDJ

2010/04/12: Received NOA2 by mail APPROVED on March 5th

NVC

2010/03/25: Case number assigned by CDJ.

2010/04/27: I864 and DS230 sent

2010/06/28: Interview... Approved !

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Thanks, Claireg! Yeah, I doubt it's that important, but I figured he should have a correct birth certificate anyways so he's going to make the trek to Mexico City to see how much it takes to fix. If we can't fix it, then we'll just have to wait and see if they say anything.

Are you guys worried about sponsorship from DCF?


April 19, 2010 - NOA1 (documents received at Mexico City Embassy)

April 20, 2010 - NOA2 (received notice April 28, 2010, mailed April 27)

May 3, 2010 - Packet 3 sent (received May 27, 2010)

May 9, 2010 - I emailed them using the inquiry form asking for my case number

May 17, 2010 - received case number and link to Packet 3 by email

May 18, 2010 - sent Packet 3 to Ciudad Juarez

May 28, 2010 - called Ciudad Juarez to see if we had an appointment yet, they said wait 6-8 weeks :(

May 30, 2010 - I return to the US

June 8, 2010 - called and found out appointment date

June 16, 2010 - received Packet 4

July 6, 2010 - interview - Approved!

July 7, 2010 - pick up visa at DHL and POE to activate

July 29, 2010 - welcome letter received

August 1, 2010 - my husband comes home to me

August 13, 2010 - received Green Card

September 28, 2010 - never received Social Security Card, had to apply for it, arrived Sept. 28

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

We are not worried about the sponsorship, we meet the requirements....

In your case, you are required the last three years of IRS transcripts returns as well as proof of current employment. This is a tough question as the guidelines are made mostly for people with regular income.I would keep the assets on the side and use them only if you need to. After all, you have proved through your tax returns that during the last three years you have met the requirements..But the gap between last May and one or two months before the interview, isn't that a little bit too long? I have no idea if they look only at the income itself or also into the pattern of employment....Why not ask a lawyer on this one?

Thanks, Claireg! Yeah, I doubt it's that important, but I figured he should have a correct birth certificate anyways so he's going to make the trek to Mexico City to see how much it takes to fix. If we can't fix it, then we'll just have to wait and see if they say anything.

Are you guys worried about sponsorship from DCF?


I130

2010/01/16: I130 sent at US Embassy Mexico DF

2010/01/19: I130 received (UPS confirmation)

2010/03/03: I130 package returned. Asking for utility bills.

2010/03/03: I130 sent again at US Embassy Mexico with the utility bills...

2010/03/08: Received a call from the Embassy: I130 ok and sent to CDJ

2010/04/12: Received NOA2 by mail APPROVED on March 5th

NVC

2010/03/25: Case number assigned by CDJ.

2010/04/27: I864 and DS230 sent

2010/06/28: Interview... Approved !

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The good news is that the birth certificate issue was really easy to fix. We went to Mexico City and had to wait in a line for corrections for a while, then they sent us to get a new copy of the incorrect birth certificate and his Mom's and we had about 5 copies of her id. They accepted it all and said it will take 20 days. It was free and the only inconvenience was the trip there and the long waits in line.

I guess we will see what happens with the financial issues, but I figure having 2 months of paystubs should be good enough.


April 19, 2010 - NOA1 (documents received at Mexico City Embassy)

April 20, 2010 - NOA2 (received notice April 28, 2010, mailed April 27)

May 3, 2010 - Packet 3 sent (received May 27, 2010)

May 9, 2010 - I emailed them using the inquiry form asking for my case number

May 17, 2010 - received case number and link to Packet 3 by email

May 18, 2010 - sent Packet 3 to Ciudad Juarez

May 28, 2010 - called Ciudad Juarez to see if we had an appointment yet, they said wait 6-8 weeks :(

May 30, 2010 - I return to the US

June 8, 2010 - called and found out appointment date

June 16, 2010 - received Packet 4

July 6, 2010 - interview - Approved!

July 7, 2010 - pick up visa at DHL and POE to activate

July 29, 2010 - welcome letter received

August 1, 2010 - my husband comes home to me

August 13, 2010 - received Green Card

September 28, 2010 - never received Social Security Card, had to apply for it, arrived Sept. 28

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