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Posted

hi everyone! hope someone had experienced it or knows something about this.

i am on the process of gathering my police clearances (for K1) so i have asked my mother to renew my NBI Clearance in the Philippines (i am currently in Japan)

just to be clear, here are the facts:

a) prior to going to Japan, i have been using the middle name Viquiera (including NBI clearance)

b) however, when i applied for a passport in 2005, that's when i only found out that my middle name was spelled as Vicquera (typo error) in my birth certificate. my previous employer wanted me to leave right away so...

c) they had me signed an Affidavit of Identity stating that i would use Vicquera (same as my birth certificate) from then on (April 2005)

i am having a hard time communicating with my mother since she's not used to this. she went to NBI in Victory mall today and she was told that they cannot give me a clearance with the Vicquera middle name since the NBI records has my middle name in Viquiera. i specifically told my mother to bring the birth certificate as i thought that would clear things up and provided an explanation in the Authorization letter. however, she said that the officer did not even look at the birth certificate and just told her to go to the Philippine Consulate here and have my fingerprints. i have not yet clarified with my mom what was this paper called (she cannot remember! so she will get back to me) but i have searched and perhaps the officer was talking about R.A.9048

now, i only want to continue using the middle name in my BC, as all my legal documents were spelled like this. i am not sure if the officer told my mom to correct the NBI clearance from Viquiera to Vicquera or go back to using Viquiera. if the former is what he meant, isn't it logical just to look at the Birth Certificate and my Passport and correct the error? can i just provide him the previous copy of my Affidavit of Identity to clarify this mess? i don't feel the need to continue paying for red tape for a typo error that somebody had caused.

please any help will be appreciated. i just cannot take a leave at any time to go to the Embassy here so i want to do this when i am sure what i am doing. thanks

event.png

Visa

=======================================
02.11.2011 ~ sent K1 visa application
02.16.2011 ~ NOA1
03.21.2011 ~ NOA2
04.13.2011 ~ Packet 3 received
05.16.2011 ~ Interview (approved)
05.21.2011 ~ visa received

AOS
=======================================
10.13.2011 ~ sent AOS application
10.21.2011 ~ NOA
11.14.2011 ~ biometrics appointment (AOS & EAD)
01.06.2012 ~ received EAD/AP combo card (has expiration date error)
04.27.2012 ~ GC production

ROC

=======================================

02.26.2014 ~ sent ROC application

03.06.2014 ~ NOA (USCIS CSC)

03.27.2014 ~ biometrics appointment

06.20.2014 ~ GC production

N-400

=======================================

02.03.2015 ~ sent N-400 application

02.10.2015 ~ NOA

03.27.2015 ~ In Line notification

03.30.2015 ~ Interview text notification

05.04.2015 ~ Interview: APPROVED!

05.15.2015 ~ 'MURICAN!

Posted

I has a similiar thing with my wife and her last name on her Birth Certificate. I had to hire a lawyer in PI to get things cleared up.

Hopefully there is some fix the NBI clearance that is easier than going with a lawyer.

I can promise you this is a common problem in Philippines with birth certificate and name being incorrect.......

youregonnalovemynutsf.jpg

"He always start the fire here in VJ thread and I believe all people will agree with me about it"

Filed: IR-5 Country: Philippines
Timeline
Posted

Few questions though:

1. What surname (spelling) does it show on your mothers and sibllings birth certificate?

2. If your mothers and brothers/sister birth certificate shows the surname/spelling Viquiera, then you need to correct your birth certificate through R.A. 9048 - no lawyer needed. Just go to the Local Civil Registrar Office where you were born and ask about the process. Bring supporting documents such as your mothers birth certificate that shows the correct spelling of her surname - Viquiera and also your brothers/sister birth certificate. All should be from NSO. This will be the basis for the spelling/typhogarphical error correction of your birth certificate assuming that your mothers, brother and sister shows the surname Viquiera.

3. According to you - items b and c - you are using Vicquiera as surname in your passport. If items 1 and 2 - your mothers surname, brothers and sister shows Viquiera on their birth certificate, I THINK only after you correct your birth certificate through R.A. 9048 will you be able to correct your Passport surname/biographic data since birth certificate is a requirement to get a passport.

4. Per NSO, it takes about 30 working days for the spelling/typhogarhical error of Birth Certificate.

Hope this helps. My wife is also having the spelling of her fathers name corrected in his death certificate and R.A. 9048 is the process that we took per the Local Civil Registrars Office.

Posted

thanks for the replies :( oh boy, sounds like a big mess.

Merc,

1. What surname (spelling) does it show on your mothers and sibllings birth certificate?

They use the correct spelling which is Viquiera

2. If your mothers and brothers/sister birth certificate shows the surname/spelling Viquiera, then you need to correct your birth certificate through R.A. 9048 - no lawyer needed. Just go to the Local Civil Registrar Office where you were born and ask about the process. Bring supporting documents such as your mothers birth certificate that shows the correct spelling of her surname - Viquiera and also your brothers/sister birth certificate. All should be from NSO. This will be the basis for the spelling/typhogarphical error correction of your birth certificate assuming that your mothers, brother and sister shows the surname Viquiera.

If I do the R.A. 9048, will it override the previous Affidavit of Identity? I signed that with the condition that I would be using the Vicquera middle name. I am not sure what other legal implications will cause that big mess since I am also using Vicquera in Japan. I may really have to consult a lawyer if that's the case :(

3. According to you - items b and c - you are using Vicquiera as surname in your passport. If items 1 and 2 - your mothers surname, brothers and sister shows Viquiera on their birth certificate, I THINK only after you correct your birth certificate through R.A. 9048 will you be able to correct your Passport surname/biographic data since birth certificate is a requirement to get a passport.

4. Per NSO, it takes about 30 working days for the spelling/typhogarhical error of Birth Certificate.

Hope this helps. My wife is also having the spelling of her fathers name corrected in his death certificate and R.A. 9048 is the process that we took per the Local Civil Registrars Office.

Thanks Merc. it's just difficult to deal with this considering i have to put some days off to even get things done.

event.png

Visa

=======================================
02.11.2011 ~ sent K1 visa application
02.16.2011 ~ NOA1
03.21.2011 ~ NOA2
04.13.2011 ~ Packet 3 received
05.16.2011 ~ Interview (approved)
05.21.2011 ~ visa received

AOS
=======================================
10.13.2011 ~ sent AOS application
10.21.2011 ~ NOA
11.14.2011 ~ biometrics appointment (AOS & EAD)
01.06.2012 ~ received EAD/AP combo card (has expiration date error)
04.27.2012 ~ GC production

ROC

=======================================

02.26.2014 ~ sent ROC application

03.06.2014 ~ NOA (USCIS CSC)

03.27.2014 ~ biometrics appointment

06.20.2014 ~ GC production

N-400

=======================================

02.03.2015 ~ sent N-400 application

02.10.2015 ~ NOA

03.27.2015 ~ In Line notification

03.30.2015 ~ Interview text notification

05.04.2015 ~ Interview: APPROVED!

05.15.2015 ~ 'MURICAN!

Posted

i guess i would add a question,

is there any way that i could retain the spelling Vicquera and have that appear on my new NBI clearance. because my previous employer's reason for not fixing that in the first place was because it takes time. now it is biting me in the ####.

event.png

Visa

=======================================
02.11.2011 ~ sent K1 visa application
02.16.2011 ~ NOA1
03.21.2011 ~ NOA2
04.13.2011 ~ Packet 3 received
05.16.2011 ~ Interview (approved)
05.21.2011 ~ visa received

AOS
=======================================
10.13.2011 ~ sent AOS application
10.21.2011 ~ NOA
11.14.2011 ~ biometrics appointment (AOS & EAD)
01.06.2012 ~ received EAD/AP combo card (has expiration date error)
04.27.2012 ~ GC production

ROC

=======================================

02.26.2014 ~ sent ROC application

03.06.2014 ~ NOA (USCIS CSC)

03.27.2014 ~ biometrics appointment

06.20.2014 ~ GC production

N-400

=======================================

02.03.2015 ~ sent N-400 application

02.10.2015 ~ NOA

03.27.2015 ~ In Line notification

03.30.2015 ~ Interview text notification

05.04.2015 ~ Interview: APPROVED!

05.15.2015 ~ 'MURICAN!

Filed: IR-5 Country: Philippines
Timeline
Posted

Tokyobelle,

I guess its time for you to consult a lawyer. It is a complicated case now basing I think on the move that you are considering (hey, I am not a lawyer):

1. " is there any way that i could retain the spelling Vicquera and have that appear on my new NBI clearance. because my previous employer's reason for not fixing that in the first place was because it takes time." --- Your supporting papers , mother birth certificate and siblings are all spelled correctly "VIQUIERA". If you are going to changed this to "Vicquera", I GUESS it will go to a judicial process (lawyer and courts) which will take more time (years) and money ) and not thru RA 9048 which specifically says and can only be used a "correction of clericall error entry".

2. Why not just change or correct the spelling of your birt certificate to "Viquiera" through RA 9048 and after doing that correct your passport and NBI clerance and other documents to reflect the spelling corrected birth certificate of your to "Viquiera".

3. Consult a lawyer which move would be best for you.

Posted

hi merc, thanks for the reply...i sorted it out cuz my mom did not understand what was supposed to be done.

NBI requested me to go to the Philippine Embassy here in Japan to apply for a new NBI clearance. I don't understand the need for this though I guess their system cannot change the name without an official application or it's plain business (they wanted to earn their $25).

event.png

Visa

=======================================
02.11.2011 ~ sent K1 visa application
02.16.2011 ~ NOA1
03.21.2011 ~ NOA2
04.13.2011 ~ Packet 3 received
05.16.2011 ~ Interview (approved)
05.21.2011 ~ visa received

AOS
=======================================
10.13.2011 ~ sent AOS application
10.21.2011 ~ NOA
11.14.2011 ~ biometrics appointment (AOS & EAD)
01.06.2012 ~ received EAD/AP combo card (has expiration date error)
04.27.2012 ~ GC production

ROC

=======================================

02.26.2014 ~ sent ROC application

03.06.2014 ~ NOA (USCIS CSC)

03.27.2014 ~ biometrics appointment

06.20.2014 ~ GC production

N-400

=======================================

02.03.2015 ~ sent N-400 application

02.10.2015 ~ NOA

03.27.2015 ~ In Line notification

03.30.2015 ~ Interview text notification

05.04.2015 ~ Interview: APPROVED!

05.15.2015 ~ 'MURICAN!

Posted

I had a similar issue. When I applied for a new passport in 2009 (lost the old one) my birth certificate surfaced with a slightly more complete name than the one I had been using. So now my official IDs (passport, drivers' license) reflect my complete name as in BC.

When I applied for NBI clearance last week, I requested that apart from my current complete name, they also put in my old name on the space for "alias" or "AKA". I understand this is what the US Embassy has required from previous interviewees with a similar problem. (I am also planning to go in with affidavits "one and the same" but I doubt whether they will be requested, I will just have them in case of need.)

YOu could go the official name change route, but that will take a long time.

Good luck.

Dec 05, 2011: Received U.S. permanent resident status (AOS based on K-1 visa)

Dec 16, 2013: Removal of conditions on green card

Apr 28, 2015: Became a U.S. Citizen

Filed: Country: Philippines
Timeline
Posted (edited)

We had same middle name problem (On her Police Clearance), and also misspelled both parents names(on her Cenomar). Lucky for us she is only 1 hour form the Local Civil Registrar Office that I believe has her originals.

To fix her middle name took a week. And then the parents name another week. Then she went back to to check. Now all is well on those.

Next is the NSO, and the way things have been going, I'm just expecting problems. :bonk:

Best of luck on yours

Edited by HappyInHawaii

“The distance between insanity and genius is measured only by success.”

Posted

I had a similar issue. When I applied for a new passport in 2009 (lost the old one) my birth certificate surfaced with a slightly more complete name than the one I had been using. So now my official IDs (passport, drivers' license) reflect my complete name as in BC.

When I applied for NBI clearance last week, I requested that apart from my current complete name, they also put in my old name on the space for "alias" or "AKA". I understand this is what the US Embassy has required from previous interviewees with a similar problem. (I am also planning to go in with affidavits "one and the same" but I doubt whether they will be requested, I will just have them in case of need.)

YOu could go the official name change route, but that will take a long time.

Good luck.

did you present your old NBI clearance when you applied?

i just want to know if their process is consistent. if i wasn't here abroad it would have been easier for me to deal with it.

what happened was the officer refuses to change the name and put the alias (i requested this in a separate letter together with letter of authorization and the affidavit of identity) in the clearance and wanted me to go to the Philippine Embassy here to pay another $30 for a new NBI application. i was suspecting it is added revenue, the NBI staff operates by the book, or they just don't want to make changes at their end and would be less hassle for them if i just get a new application.

with so much corruption, "padulasan" or whatever you may want to call it in the philippines...i really hate to enable that bad practice.

i just hope the government will find away to fix our system to make things easier, efficient and more customer-oriented.

We had same middle name problem (On her Police Clearance), and also misspelled both parents names(on her Cenomar). Lucky for us she is only 1 hour form the Local Civil Registrar Office that I believe has her originals.

To fix her middle name took a week. And then the parents name another week. Then she went back to to check. Now all is well on those.

Next is the NSO, and the way things have been going, I'm just expecting problems. :bonk:

Best of luck on yours

thank you!

man, sometimes i wonder if they really do that on purpose so you have to pay to get it fixed.

event.png

Visa

=======================================
02.11.2011 ~ sent K1 visa application
02.16.2011 ~ NOA1
03.21.2011 ~ NOA2
04.13.2011 ~ Packet 3 received
05.16.2011 ~ Interview (approved)
05.21.2011 ~ visa received

AOS
=======================================
10.13.2011 ~ sent AOS application
10.21.2011 ~ NOA
11.14.2011 ~ biometrics appointment (AOS & EAD)
01.06.2012 ~ received EAD/AP combo card (has expiration date error)
04.27.2012 ~ GC production

ROC

=======================================

02.26.2014 ~ sent ROC application

03.06.2014 ~ NOA (USCIS CSC)

03.27.2014 ~ biometrics appointment

06.20.2014 ~ GC production

N-400

=======================================

02.03.2015 ~ sent N-400 application

02.10.2015 ~ NOA

03.27.2015 ~ In Line notification

03.30.2015 ~ Interview text notification

05.04.2015 ~ Interview: APPROVED!

05.15.2015 ~ 'MURICAN!

Posted

did you present your old NBI clearance when you applied?

No, I treated it like a completely new application. Anyway my new IDs were a different name than my old NBI clearance so they would not accept it anyway. So I just presented my 2 new IDs with my new complete names (passport and driver's license) and I requested them to put my old name in the ALIAS blank. That was it. I got the clearance after a week.

Dec 05, 2011: Received U.S. permanent resident status (AOS based on K-1 visa)

Dec 16, 2013: Removal of conditions on green card

Apr 28, 2015: Became a U.S. Citizen

 
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