starjasmine

You said you can no longer file a petition for correction in the PH but I found something that said you can file it in the PH Consulate in the country you are now. http://www.census.gov.ph/civilregistration/civil-registration-laws/republic-act-no-10172-implementing-rules-and-regulations . I'm not sure if you already read this or even tried. Let us know.

Birth year is not included in amendments, only the date and month. Many thanks!

They won't cooperate. They said they onle deal issues regarding jobs of foreign workers her and told me to settle the issue in the LCR, they said it is not in their jurisdiction.

Like what I said, I couldn't get into the right people to help. One person told me to go there, not our scope, I go find where I was directed, only to find out and slap on my face an answer like, sorry we don't deal with those... and worst they will tell you to come back just to see the person until you drained your sources and still got nothing! that's my Country!

You said you can no longer file a petition for correction in the PH but I found something that said you can file it in the PH Consulate in the country you are now. http://www.census.gov.ph/civilregistration/civil-registration-laws/republic-act-no-10172-implementing-rules-and-regulations . I'm not sure if you already read this or even tried. Let us know.

They won't cooperate. They said they onle deal issues regarding jobs of foreign workers her and told me to settle the issue in the LCR, they said it is not in their jurisdiction.

As long as you corrected it and the passport and your bc are match, I think you dont have any problem..plus you corrected it in legal way..nothing to worry?

Another thing, if I will do this option, I cannot come back here in HK again bearing a different passport. I will definitely go to jail. Even Phil consulate here warned me of the possibilities and the risk. Some Filipinas did corrections like what I am doing now and got in trouble.

So, more or less, I need to file my K1 visa in Phils and and US consulate in Phils. will surely dig my documents from US consulate here in HK.

If at least... I can hear a guarantee that I have a big chance I might pursue this route.

If you cannot do anything to correct your BC, maybe it's time for you to seek help to correct your passport..goodluck?

My fiancé and I were talking about that 4 hours ago. My question is, If I will follow the BC and have the DFA issue me a passport... what will be my chance with the US consulate here in HK considering they possess all my documents including that BC.

that stupid lawyer I hired didn't do his job. I was in Australia when he could have filed for an appeal when the decision came out. He screwed up the chance. Now I believe... with the 2 lawyers I hired for all these visa issue... lawyers can't be trusted sometimes. they just after money.

Thanks so much!

Yeah! It's really hard to trust people. I'll try to ask someone and update.

thanks so much!

That really sucks. But there should be a way. I will ask a friend regarding it. It got finalized in the regional or supreme court? Did your lawyer just missed the time frame for filing an appeal?

that stupid lawyer I hired didn't do his job. I was in Australia when he could have filed for an appeal when the decision came out. He screwed up the chance. Now I believe... with the 2 lawyers I hired for all these visa issue... lawyers can't be trusted sometimes. they just after money.

Hey this is just an idea. Have you asked your local municipality if you can have a late register for your birth cert and have all the correct info there? Instead of getting the birth cert that you have that you consider not yours due to the discrepancies. Or if you can get help from PAO, public attorneys' Office. Do you know anyone in the municipal office? I know you know that some "public servant" still consider the "kumpadre system"

I tried all of that. I was trying to late register when that BC came out. The NSO insisted it is mine, and get it corrected. I know PAO, but this time even the lawyer nor the court can do anything because the first petition to correct it got a final decision and that means I cannot file the same petition again anywhere in Phils.

The US embassies/consulates does not perform marriage ceremonies.

sorry you mis understood my message we are not going to get married there. we know the process of getting married here in HK. THANKS

US Embassies/Consulate will NOT and can NOT do marriage ceremonies - not authorized to do so. So whoever told you that's what they did- lied.

Why not focus on getting your documents in order before getting married or finalizing K-1 visa?

Im sorry but you mis understood my message.

Agreed with above post. A correct BC will still be required nonetheless, both at NVC stage and embassy interview if you take on the spousal visa route. Also, your wait time will start from square 1 too.

Best to really pursue and just have the BC issue resolved. I understand your frustration, and I personally know of some family and friends having issues with their NSO BCs, but there is no way going around it.

Could you please suggest what can I do at this point since the Court can't do anything now to issue an order for the correction? Thanks!

Not sure that I really understand the issue you are describing, but if your question is what are your chances that you can file another application under a different name that won't be matched up to the prior one, the answer is NO CHANCE AT ALL. They will definitely connect your two applications, as both require fingerprints. The fingerprints will clearly connect the cases, which will certainly highlight any differences in names for the same person.

I carry the same name. The only thing that will be adjusted will be my birth year. Since my BC has 6 wrong entries, the consular told me to get a BC that match my passport because (my) BC is obviously not mine. NSO won't issue one. They will again insist it is my BC.

I filed for a K1-visa, had an interview here in HK Nov. 2013. Everything went well except my birth certificate that didn't match my passport. Prior to my application, I filed a petition for correction in Court in Phils early 2012. After 3 months it was dismissed. Since my lawyer didn't made an appeal, the decision made final by the court. That means I cannot file a petition again anywhere in Phils.

After a series of disappointments my fiancé and I are still trying to find help but to no avail. We come up to the idea of getting married here in HK then I will go back to Phils and adjust my passport - follow my birth certificate - as what suggested by some, (I still have to gather how this work) and then adjust my status and then file for a spouse visa. I definitely know the risk involve of getting back here in HK. So more or less I will file my spouse visa application in Phils.

My question is, will the k1-visa I filed in 2012 affect my spouse visa application later? I am thinking, they might dig all my documents and compare with the current one. What are my chances?

Yeah that really sucks that you spent money for nothing. But just to share experience, when they made a mistake on my name on my social security card here in the US, they asked for my marriage contract and my birth certificate. So I am not sure how will you have it corrected. They usually make a mistake for people with two first names like myself. They tend to put my second name as my middle name. Just out of curiosity, are you holding a PH passport or other country?

I am holding a PH passport. I was 19 when I applied a job oversea and the agent did all for me. I was just asked to give necessary infos then they did the processing in the DFA.

What I was trying to say is, hire a lawyer to get vour birth cert corrected before you start another petition. Just to make sure you have it all correct because if you are planning to get married in th Philippines they wiLl ask for your birth cert and mirror it to your marriage contract. You also need your birth cert in renewing your passport. So it is very important you have all the info correct in your birth certificate.

Thanks POA. My petition for correction got a final decision from court after three months. My lawyer could have filed for an appeal. He didn't. After the decision was made final by the court I cannot file the same petition again, anywhere in the Philippines. That is why I said there is no point hiring a lawyer this time. What can a lawyer do if Court won't accept a petition for trial?

Also we are planning to get married in HK not in Philippines.

I have some questions:

Do you have a PH passport? If so, how did you get a PH passport without presenting your birth certificate?

Are you planning to get married in the PH?

Because if you are, you would need to present your birth certificate to get a marriage license in the PH and they will mirror your info on your marriage contract.

So i guess, the best thing to do is get your birth certificate errors corrected first to make sure all your following documents will be correct.

I'm afraid you really need to get a reliable lawyer to get your bc corrected.

I'm afraid no lawyer, no court this time. The first petition was final. My lawyer's fault, he didn't filed for an appeal.

Upon reading all your replies, I assume that you are staying in HK., IMO, I guess it would be better if you appear before LCR in person to ask if they can appeal your petition.

I just made a call yesterday to another employee (I preferred to avoid the previous one) and send PDF of all my documents for her to assess. If she wants my presence I would fly anytime. I was prompted to contact the LCR again because I asked advice last Sunday in the Phil Consute, legal Dept. here in HK. He advised me to go back to where the problem rooted. Like what you had, you "fixed" it at the LCR. I am just worried if LCR wouldn't cooperate. If not... what shall I do? Totally lost at the moment.

I'm sorry to hear that. Well I'm not sure why they dismissed your petition. You mentioned that you have 6 entries that need correction. Mine was about my mother's first name. She used a different name when she was young, and then she found out that she actually has a different first name, totally different first name. I don't know what's wrong with my grandmother!!! So yeah, we presented required documents like my original BC, my mom's BC, my Certificate of Employment,her voter's certificate, and a certain fee for the process including fare going to NSO Manila. Plus a lot of people in our hometown personally know my mom meaning they know that my 'mom's alias' and 'real name' belong to only one person. So I guess that also helped us in the process.

I'm not sure what happens if a petition is dismissed. But I think the LCR should be able to help you or at least give you options. Have you asked help from your hometown Mayor? Or a better lawyer perhaps? Coz I think you should be given another chance to appeal your petition. Btw, what happened to your BC, why are there lots of incorrect entries?

And oh yeah btw, how did you obtain a passport with your uncorrected BC?

I wish I know what really happened to my BC KrishMT. This is totally frustrating. None of the LCR officer can give me hope but to pushed me to get a court order. I did, spent a lot of money on stupid lawyers, still I got nothing. They can't even give me another OPTION. I tried to reached NGO's if they could refer me to someone or at least advice me what to do or where to go.... nothing!

A dismissed petition with Finality can't be reopen again. NO CHANCE FOR ANOTHER TRIAL.

I was 19 (obviously naive) when I applied oversea for a job. My agent did all the processing for my passport. Didn't asked for a BC then. I was just asked to give my infos then theY did all the processing in the DFA. If I was required one then I should have known I have an incorrect BC.

Your timeline indicates K1 visa. Is that not correct? Can you change your travel documents to match your birth certificate?

WHY, did the court decide not to correct your birth certificate? What reason did THEY give?

HOW were you able to obtain a passport that doesn't match the information in your birth certificate?

Yes I applied for a K1 visa. We are trying to see if there is other options to soften this issue like getting married here in HK but it seems that there is no other way but to get a BC that match my documents. But how can I do that if our local Government doesn't cooperate?

Your timeline indicates K1 visa. Is that not correct? Can you change your travel documents to match your birth certificate?

WHY, did the court decide not to correct your birth certificate? What reason did THEY give?

HOW were you able to obtain a passport that doesn't match the information in your birth certificate?

Thank you pushbrk. As a foreign worker here in HK I cannot change my documents, I will be in trouble with the immigration.

The court reasoned my BC was registered 19 days after the date of actual birth. They stick on that reason. Obviously court failed to check the other 5 errors like my mom's name in BC is Leonida, my mom's real name is Marina... etc...at least to consider my claim.

I was 19 when I first attempted to get out of Phils and work. My agent did the processing for me. I wasn't asked to provide a BC then. I was just asked to fill up a paper with my infos then they did all the processing for my passport in the DFA-Department of Foreign Affairs.

back to post #1 -

the BC is not required for the I-130,

but is required for the DS-260.

Hi Darnell, appreciate your answer

I also had my BC corrected(im the beneficiary), and it took more than three months to get my amended BC. The only mistake I did is that we did not know that BC is not really required to file for i-130 in the USCIS stage, so I waited for my BC first. ? But I think I still did the right thing having it corrected asap because NVC will require it soon. My i-130 just got approved. I suggest that you have it amended asap as it would take months for it to get done... In my case, someone in the local registrar did all the job. You can also go to NSO for assistance.

hi Miss KrishMT, I did that ABC's - from local registrar to Court... The LCR told me to file a petition for the birth year, I did that in 2012, after 3 months it was dismissed, my lawyer didn't appeal for motion for reconsideration, the 4rth month Final decision was made and that means i cannot file a petition again. By no choice I took all documents that I have in my interview explaining to the consular what happened. Consular said I still need to get a BC that match my documents. How can I do that? The LCR won't cooperate, they insist that the multiple error BC is mine. NSO won't give me a corrected BC as well if there is no court order. WHERE SHOULD I GO? WHERE WILL I START?

The BC is not required when filing the petition but it is required later at the National Visa Center. It's crossed out, because you are reading a list of requirements for the US Citizen's petition filing, not your visa application.

Don't know what you mean by your visa application will expire in November. Your I-129F petition approval would have an expiration date four months after the approval date, but can be extended by any Consular Officer in four month increments if they choose to do so. Generally, they will, if you are still pursuing the visa.

You said your visa application was "dismissed". That's not a valid term here. Did they give you an opportunity to submit a birth certificate that matches your passport?

Was your interview in Hong Kong or Manila?

Thank pushbrk. I was told by a consular here in HK that my application will be expired in a year from the date of my interview (November 2013). I need to start all over again after that. I didn't say my visa application was dismissed. What I saying above is the petition to my local court in Phils to correct my birth certificate. It doesn't match my records and passport. My birth certificate has 6 wrong entries that needs to be corrected. After the court reached to its finsl decision my petition was closed and cannot file another one again. NSO won't correct BC if no court order.

NVC will ask for your birth certificate.

What's the error in your bc?

Thanks SennaBrigante. I have multiple errors, 6 entries. The birth year must get a court order so NSO will correct it (the rest can be done at the Local Civil Registrar), unfortunately the petition was dismissed. I learned later my lawyer didn't do his job. Petition with final decision has no second chance for a trial. We hired an American Immigration lawyer (based in Phils) hoping with his promised to fix everything with his magic draft. On my second appearance the consular didn't even looked at it and said I don't need those lawyers, all I need to do is to get a BC that matched my passport. Now I don't know where to start again. Our visa application will expire in November.

I wonder why the BC is crossed out?

Checklist number 7- birth certificate of intending immigrants no longer required.

We started the k1-visa application early in 2012 but my birth certificate didn't matched my travel documents. I tried to find solution to the problem, from the local civil registrar to National Statistics Office, to filing petition to court... after series of disappointments plus draining our funds we got nothing, my birth certificate wasn't corrected. It was so frustrating that we can't get the right people to get to help. I am again back to square one at the moment trying to find a solution. We are now planning to get married and trying to get useful informations as we can. We were again hopeful when my fiancé found the procedure in applying CR-1 visa.

My question is... if CR-1 no longer required a birth certificate, won't my application get complications with my previous k-1 visa application? Appreciate your answers folks!

We just paid the visa fee a couple of days ago. You get the UID from opening an account with ustraveldocs.com. Once you have registered look for a button marked "profile feedback" and send a letter asking for your UID. You should get a response in about a day.

Good Luck!

When you log in to your account it is the 8 digits next to it in brackets.