K1 with K2 Misspelled names on NSO Birth Certificates

[Loida and Ed 11]

Hello Fellow VJ'ers...

My situation is this:

My K1 NOA2 has been approved and should be at the NVP Center waiting on them to do their processing.

My Facts are this:

Our I-129F Petition submission included the childrens names with the spelling "as written" according to their registered birth certificates. (with a "s" as noted below)

The question's we have are:

1. Although phonetically correct, the last name on each child's birth certificate has a "s" instead of a "z"

(example for part of their last name: _____osa v/s _____oza). The mothers name is also spelled with a "s" instead of a "z" on the childrens birth certificates as well).

(the mothers birth certificate and passport is with the "_____oza")

- I read most all threads regarding similar questions going back to 2006 and the concensus from those who have "succeeded" in getting their K1 and K2 family members over without delay would be to hire a lawyer and have an "Affidavit of Explanation" accomplished and for us to have ample documentation to back up the Affadavid should their be any questions.

- Do experienced VJ'ers concur?

- My other option and I consider this my last resort would be to initiate NSO Birth certificate name changes, but this delay might place us at risk of falling outside the NOA2 4 month valid approval window.

If we need to do name changes for birth certificates I do know the 10 step process can be found at: http://nso.citizenservices.com.ph/nso-certificate-correction

(As a side note: Two of the children's "local" birth certificates have already been recorded with the NSO with the misspelling. It is presumed the third child did "not" have the local birth certificate recorded with the NSO but this isnt completely verified)

also:

2. Child #1 and Child #3 also have an extra "L" in the middle name of the mothers name on their birth certificates. Again these are phonetically correct, but with a spelling error.

- Regarding this issue, I prompt myself to refer to the same guidance as in #1 (above), exception that I will have a separate Affidavit of Explanation" accomplished for this along with the same type ample documentation to back up the Affadavid should their be any questions.

As I have read in so many places, we should accomplish all paperwork according to the individuals name according to the NSO registered birth certificates, as this is where the passport information will be verified against. This has been the path we have taken even with the I-129F.

So yes, I am at a standtill right now. The passports were going to be accomplished this week for the children, but we would like guidance (and a sanity check) prior to submission of paperwork. I know this will satisfy the NSO and Passport applications, but want to make sure that I am in good keeping with, USCIS and Immigration requirements on proper documentation.

I think if I start requesting corrections to the childrens birth certificates now, that this will only add confusion and unnecessary delays along with possible re-submissions of paperwork.

Thanks

ed

[VirtualLee 12]

I myself got the same problem..correction of errors in my Birth Certificate.

for I just have noticed that my mother's name is diff. her name in my

BC is Lucy and her real name is Lucia which is used in all her documents

and Identification and in my forms and MC.

I went to our Local Registrar Office and applied for correction of

error that will take like 2-3 mo. process not included the indorsement

period to NSO. but also requested for a certified true copy of my BC

then request an Affidavit of Explanation from the Lawyer while my

BC is on process. we are currently waiting for our case to complete

at NVC.

-----------

I would like to add:

If we need to do name changes for birth certificates I do know the 10 step process can be found at: http://nso.citizense...cate-correction

I don't think it really needs a Lawyer, all you need to do is go to Local Registrar office

and then file for correction of error. and they will give you check list of requirements

to bring so you can process. in my case they requested a copy of my original birth certificate

then a copy of NSO of my BC, then proof of documents that my mom's name is Lucia and not LUCY

so in my checklist for her is my Mom's BC, MC, her Identification Cards)Passport, Senior Citizen ID,

Postal ID, my sibling BC and a copy of our Baptismal Certificate and School record.

-----------

I hope everything will turn out fine, if my BC passed the USCIS stage

without them noticing my moms name on my BC and on my MC is diff.

I hope no probz with NVC as well, finger crossed.

Edited July 15, 2012 by VirtualLee

[Loida and Ed 11]

Thank You for the detailed reply... It does give me some reassurances that all will be well. I wonder if I need Loida to do the same now, or wait and see if they relaly need this corrected, because all our paperwork was done according to the original birth certificates...

ed

I myself got the same problem..correction of errors in my Birth Certificate.

for I just have noticed that my mother's name is diff. her name in my

BC is Lucy and her real name is Lucia which is used in all her documents

and Identification and in my forms and MC.

I went to our Local Registrar Office and applied for correction of

error that will take like 2-3 mo. process not included the indorsement

period to NSO. but also requested for a certified true copy of my BC

then request an Affidavit of Explanation from the Lawyer while my

BC is on process. we are currently waiting for our case to complete

at NVC.

-----------

I would like to add:

If we need to do name changes for birth certificates I do know the 10 step process can be found at: http://nso.citizense...cate-correction

I don't think it really needs a Lawyer, all you need to do is go to Local Registrar office

and then file for correction of error. and they will give you check list of requirements

to bring so you can process. in my case they requested a copy of my original birth certificate

then a copy of NSO of my BC, then proof of documents that my mom's name is Lucia and not LUCY

so in my checklist for her is my Mom's BC, MC, her Identification Cards)Passport, Senior Citizen ID,

Postal ID, my sibling BC and a copy of our Baptismal Certificate and School record.

-----------

I hope everything will turn out fine, if my BC passed the USCIS stage

without them noticing my moms name on my BC and on my MC is diff.

I hope no probz with NVC as well, finger crossed.

[VirtualLee 12]

She can apply for the correction of error at the City Registrar just process it

while your papers is on process and if any questions in the end she can present

the corrected version of BC.

correction of error from City Registrar

cost Php 1000 per document.

and 250 for misc. fee

[Loida and Ed 11]

She can apply for the correction of error at the City Registrar just process it

while your papers is on process and if any questions in the end she can present

the corrected version of BC.

correction of error from City Registrar

cost Php 1000 per document.

and 250 for misc. fee

Thank you...

The question remains though as if all documentation ( from I-129F and onward) had the misspellings, what repercussions will this be should at the medical , interview or airport.

?

ed

[Loida and Ed 11]

Additional possible issue: : ... 2 of the children were born on Luzon, one in Cebu, does she need to go to the City Registrar in both places ? Thanks

She can apply for the correction of error at the City Registrar just process it while your papers is on process and if any questions in the end she can present the corrected version of BC. correction of error from City Registrar cost Php 1000 per document. and 250 for misc. fee

Edited July 20, 2012 by Loida and Ed

[VirtualLee 12]

Additional possible issue: : ... 2 of the children were born on Luzon, one in Cebu, does she need to go to the City Registrar in both places ? Thanks

sorry for the suuuuuuper late reply.. yes she needs to go to both place where the kids are registered. or she can request someone from Luzon or from Cebu to process it for her just include an authorization letter to process the said papers.

[Loida and Ed 11]

Hi...

Because we initiated the paperwork as spelled according to the NSO birth certificate spellings (from initial I-129 and onward) we were advised by DFA to continue to do the same, as errors in spelling are taken into consideration and since they wernt major differences and she provided all necessary documentation, all we needed was a letter of explaination from a lawyer... Theres different threads out here that pretty much summarizes the same Thanks for the reply !!!!! ( and helpful ) advice :) ed

sorry for the suuuuuuper late reply.. yes she needs to go to both place where the kids are registered. or she can request someone from Luzon or from Cebu to process it for her just include an authorization letter to process the said papers.