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stevi

K1 Visa and Weird Circumstances

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Hey Everyone! I have a a few circumstances which  are all connected that I  need help with to receive clarity on what I should do to properly prepare my K1 Visa form.

 

1. My fiance was born in Assam, India with a birth certificate that says he is two years younger than he really is. 

All his documents from his childhood to even his Nepali citizenship are connected to this birth certificate.

I know there isn't much you can do, but will this cause any issues?

 

2. When my fiance became a Nepali citizen, his last name changed due to caste/social systems. 

He was able to get paperwork from his village (where his family is from) to prove he is the same person and had it notarized with a picture of himself attached, but 

will this be enough evidence?

 

3. After proving his identity, he applied and eventually received his Nepali passport, but his place of birth on the passport does not say Assam, but rather the village where his family is from.

My concern is that he will be flagged for inconsistency. Should this be something to be worried about, or is this normal?

 

 

 

 

 

 

Edited by stevi

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as long as the birth date is consistent among all legal paperwork, i dont see that being an issue. unless being 2 years younger makes him underage 😕 it does need to be fixed but if it is consistent for now, i dont think it would be a problem.

 

for the name change he will have to have legal (from a court or other recognized entity that the US accepts) documentation of the name change

 

third thing... i dont know . could be an issue. might not be an issue. might just be how that country issues passports. id have it corrected if it is not how they are typically issued.

 

 


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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Why is the birth certificate date wrong? I can understand if its a day or two out (I've head of cases where people register a birth late, and change the date to stay within the requirements to register within X days). But 2 years sounds rather a big margin of error!

 

I'd be worried about submitting a document that you know to be incorrect. There are various penalties for submitting false documents, falsely obtained, etc. Its possible this document would be considered such if there was a deliberate mistatement of the birth date made when obtaining it?

 

I don't see the name change being too much of an issue (women often change names through marriage, and this doesn't present problems if documented correctly).

Edited by Limey

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAP and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017

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He is not underage, so that is not the issue. 

His documents just say he was born in a particular year. 

 

After he was born his family had the birth certificate date changed to two years later to make him younger for schooling benefits. It’s happens often from my understanding. 

 

The birth certificate where it says he is younger is what he has been using since He was 2 so they have used it as if this was the original. All his schooling, citizenship, etc. is based off this. The other, serves no purpose. 

 

I’ve heard of other countries having children and once they are already 1 or two years old they go to the hospital to make their birth known to the country.

 

The only option would be going off the birth certificate and accepting that there will be 5 year age gap instead of 3 years, and just inwardly knowing he is older 

 

With the name,  he went to the village to acquire proper documentation, we just need it translated into English.

 

For the passport, The birth place stated on it is the village his family is from, despite him being born in Assam. He provided all the evidence with his birth certificate as proof. This is how it turned out.  

 

I am having  him call the passport place to see if that is an issue.

 

Edited by stevi

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3 minutes ago, stevi said:

After he was born his family had the birth certificate date changed to two years later to make him younger for schooling benefits. It’s happens often from my understanding, so it wasn’t something he did on purpose. 

 

The birth certificate where it says he is younger is what he has been using since He was 2 so they have used it as if this was the original. All his schooling, citizenship, etc. is based off this. The other, serves no purpose. 

 

 

Hopefully you can see the issue here?

 

The birth certificate was fraudulently obtained in order to gain benefits that would not otherwise be entitled to.

 

That fraud was obviously by his parents I assume (he was too young). But to present that to USCIS as a real document with knowledge that it was fraudulently obtained and is not accurate would seem to be a rather bad idea?

He needs to obtain a genuine one with a correct date, and then inform USCIS why the other documentation is incorrect.


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAP and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017

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Yes, I see the issue now. Talking it out helped me recognize fraudulent documentation.

 

thankfully, My fiancé still has the original birth certificate of his birth, but none of his schooling of anything is on it.

 

I wouldn’t know where to begin since everything—even his passport has the wrong year of his birth. 

 

What should I do?

how to I go back so many years and change documentation??

Edited by stevi

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Just now, stevi said:

My fiancé still has the original birth certificate of his birth, but none of his schooling of anything is on it.

 

I wouldn’t know where to begin since everything—even his passport has the wrong year of his birth. 

 

What should I do?

how to I go back so many years and change documentation??

Its a difficult situation.

 

This outlines document fraud for USCIS

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8916.html
 

Quote


Sec. 274C. [8 U.S.C. 1324c]

(a) Activities Prohibited.-It is unlawful for any person or entity knowingly-
...
(2) to use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this Act or to obtain a benefit under this Act

 

The original birth certificate is fine, if it has the original birth date on it (ie it is not fraudulent).

I don't see that you need schooling documents (I don't recall having to provide any of these). You will need a passport of course. I assume he could use the original birth certificate to obtain a passport with the correct date on it? I can't think of other documents I was asked to provide that had my date of birth on (I wasn't previously married, so no marriage/divorce certs for me).

At worst you're going to have to declare to USCIS that the original birth certificate is correct, and explain the discrepancy with other dates. This fraud was clearly not carried out by him, so should not be held against him. Hopefully they will appreciate that you're being honest with them, rather than attempting to use the birth certificate with the wrong dates on it. The advice on these forums is never to lie to USCIS - aside from the fact that its dishonest/illegal, the penalties of getting caught in a lie are just too great. I imagine this situation isn't unique and these frauds aren't uncommon in some parts of the world, and that there are ways around them.

 


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAP and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017

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I would suggest that you include both certificates with a sworn statement from the fiance or his parents attesting to the discrepancy.  He will be known on government databases in his country with the fraudulent birth certificate date to identify him.  Be completely honest, that is always best.  Explain the situation in a letter and attach it to the petition.  Refer to the letter in the birth date section.  If you only mention the actual birth date, and do not divulge the fraudulent one, it could lead to problems with the visa process as his name is not connected to it for background check purposes.

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Thank you everyone for your help so far! I feel like I'm finally gaining so clarity. Me and my fiance have been trying to figure out all of this craziness.

 

How would I go about doing this?

 

I know that means going back and adjusting his birth date on the I-129F Form. Where would I make note of the birth certificates on the form? On the very last page for extra information?

Would there be any other adjustments I should make?

 

I was planning on putting copies of his birth certificates and passport  in the K-1 Visa Petition due to the circumstances to be open and honest about the situation since my fiance's passport has the adjusted birth date on it along with his Nepali citizenship card and all other forms. I hope this doesn't mean he will have to get another passport.

 

How should I go about having my fiance or a member of his family write this paper?

Is it as simple as having them writing it and having it notarized or is there more to it?

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A letter from his parents will not be enough. He needs to fix his passport. There is no way around it. They will not issue a visa on a fraudulent passport. 

Tthe Nepali side of things consult a lawyer there as they may say he fraudulently got citizenship there. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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