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complicated I-130 petition for father

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Filed: IR-5 Country: Philippines
Timeline

So, after a long wait to finally reach this journey of petitioning for my Dad, I found out a whole lot of complicated mess. 28 years ago, my parents got hitched behind their parent's backs due to the fact that both sides don't agree with each other. My mother was originally 16 years old and falsified her BC to show that she was 18. My dad did the same thing and falsified his BC to show that he was 20 instead of being 18. Unfortunately, my mom wasn't able to keep up with her lie and decided to use the year 1965 instead of 1966 as her birth year (based on her marriage cert) in all legal documents that includes my own BC as well as my 2 other sisters. But her marriage certificate shows that she was born on 1966. Her BC shows that she was born 1965. Her baptismal certificate shows her real birth year which was 1968. I don't know how she got around with all documents but it's beginning to be a big headache for me. I don't plan to petition her yet but I cannot just shove it under the rug that it doesn't exist. Anyways, another problem is that their marriage certificate shows an incorrect name of my mom's wherein it was missing a letter from "Antonieta" to "Antonita". Should I wait to send my I-130 after all legal documents are fixed? Or can I just submit it since I'm only petitioning for my Dad? My Dad's legal documents sticks with his falsified BC which is 1964. Please advise..


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-=MY TIMELINE=-

K1 IR-5 (Dad)

01.05.09 - Medical

01.09.09 - Embassy Interview 11.25.13 - Mailed I-130 to Chicago Lockbox

01.17.09 - Visa rec'd 11.26.13 - Packet rec'd

02.03.09 - US Entry (POE: LAX) 11.27.13 - Check cashed

02.18.09 - Wedding 12.01.13 - NOA1 (Transfer to VSC

AOS 01.12.14 - NOA2 (Transfer to NVC)

03.02.09 - Applied for SSN on 2/27;SSN rec'd in mail 02.24.14 - NVC changed # to MNL

03.20.09 - AOS sent to Chicago via USPS 02.27.14 - DS 261 submitted

03.23.09 - AOS Package rec'd @ Chicago 03.04.14 - AOS fee paid; showed paid status on 3/6

07.06.09 - Welcome letter rec'd = FINALLY! 03.10.14 - AOS packet sent

07.09.09 - 10-YR GC rec'd.. odd? 03.12.14 - AOS packet delivered

I-751 03.17.14 - Rec'd IV bill invoice

04.04.11 - Infopass re:10-yr GC 03.18.14 - IV Fee paid; showed paid status on 3/20

04.09.11 - I-751 packet sent to VSC; delivered on 4/11 03.23.14 - DS 260 submitted online

04.22.11 - Check cashed; Rec'd NOA on 4/23 03.28.14 - Rec'd AOS checklist via email

06.27.11 - Rec'd bio appt in the mail:EB 07/08 (walk-in) 03.31.14 - Mailed checklist with corections

12.13.11 - I-751 approved 04.01.14 - Mailed civil documents

12.19.11 - 10-yr GC rec'd 04.03.14 - Civil docs delivered

N-400 04.07.14 - Advance Medical--PASSED!Done in 1 day

04.17.12 - N400 packet sent to TX Lockbox: REJECTED 04.18.14 - False IV checklist rec'd

05.17.12 - N400 resent to Lewisville,TX 04.23.14 - IV checklist re:Qatar PCC

05.23.12 - Check cashed; Rec'd NOA on 5/26 05.05.14 - Qatar PCC sent to NVC

06.01.12 - Rec'd bio appt in the mail:EB 06/11 instead of 6/21 06.05.14 - Case completed

07.09.12 - Rec'd interview letter for 8/14 @ 2PM 07.16.14 - Interview rescheduled due to Typhoon Glenda

08.14.12 - PASSED Interview; awaiting oath letter 07.31.14 - Interview @ USEM: APPROVED

10.01.12 - Rec'd Oath Letter 08.05.14 - Visa on hand

10.12.12 - Oath ceremony! I'm finally a USC! 08.27.14 - POE: LAX

09.08.14 - SSN in mail

09.15.14 - ELIS status changed to OPTIMIZED

09.22.14 - ELIS status CLOSED

09.26.14 - GC received

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Filed: F-2A Visa Country: Philippines
Timeline

IMO, have the falsified documents corrected first before applying the petition.

Using falsified documents can lead to a lifetime ban on entering the US.

Edited by apple21

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Filed: IR-5 Country: Philippines
Timeline

Your parent's marriage is not legal since your mother is not yet 18. Please see link below.

http://www.chanrobles.com/executiveorderno209.htm#.UIpBGBj6w4Y

Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

Several issues that I can see:

1. If their marriage is not valid, then you're considered an illegitimate child.

2. Your considered an illegitimate child but your birth certificate says your legitimate and shows that they're married.

3. Your father's falsified birth certficate can't be used to file the petition because well, it's falsified. You have to submit the NSO copy which matches the one from the local civil registrar.

4. You're probably using your father's surname which you're not supposed to if their marriage is not valid.

Your case is too complicated. You should consult a family attorney in Philippines. My mother has name issues with her birth certificate and on mine and she was told that it'll take a year to have the documents fixed. Yours will probably take the same time even if it's more complicated since you will be filing all of the corrections in one petition to the Philippine court.


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

2008-08-16 Sent N-400

2008-08-18 Application Received

2008-08-19 Check Cashed

2008-09-18 Biometrics

2008-12-09 Interview

2009-01-XX Oath (Yay! I'm a citizen)

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

07/19 - NOA2 approval

08/20 - Case received at NVC

08/23 - emailed DS-3022

08/25 - mailed AOS

08/27 - received AOS

08/31 - AOS Accepted

09/04 - Received confirmation of DS-3022

09/05 - Received IV invoice

09/05 - Pay IV bill

09/06 - IV showed as paid

09/06 - Send DS-230 packet

09/10 - Received DS-230 packet by NVC

09/17 - DS-230 Accepted/Case Complete

09/28 - Transfer to Manila Embassy

10/02 - Medical Exam at St. Luke's

10/08- 10/10 - Sputum Test

10/09 - Received by Manila Embassy

10/12 - Result of Sputum Test (Need to repeat)

10/16-10/18 - Repeat Sputum Test (Negative)

12/13 - Sputum Final Result (Negative)

12/21 - Interview at Embassy (Approved)

12/28 - Visa Picked Up from 2GO

12/28 - CFO

12/30 - POE (LAX)

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