QS19

You will need to have her birth certificate amended before you can make it past the NVC.

So you suggest just to wait for it? I was thinking of giving it a shot and see what else they would need. She has all affidavits backup for the discrepancy even a letter from the Doctor notorized stating she is female. =(

Hi Vj's!! Any suggestions regarding my problem?

I petitioned mom way back in Sept12' paid all requirements since Feb. now all im waiting is her paper works so I could submit it to NVC and they can endorse it to the embassy. No the thing is the reason why till today i have not sent out her paperwork is because there was a discrepancy on her BC. on her BC gender is MALE instead of FEMALE. now she went back to Phil last 3 weeks and on the process of fixing it. But that would take prolly another 6 months to be OK. now what do you guys suggest? can i submit her BC with the discrepancy and write a letter to NVC stating that it is being processed? she has all the receipts and voucher to prove it is on process. What do you think? Would it really be a big deal for the immigration/embassy? knowing she is female and my biological mom. she has her passports/ID's/ marrge paper/ etc all in female.

Pls help....i was hoping for her to get here sooner as she is in the middle east. And things are not looking good over there =(

Anyone? Thanks in advance.....

Hi Vj's!! Any suggestions regarding my problem?

I petitioned mom way back in Sept12' paid all requirements since Feb. now all im waiting is her paper works so I could submit it to NVC and they can endorse it to the embassy. No the thing is the reason why till today i have not sent out her paperwork is because there was a discrepancy on her BC. on her BC gender is MALE instead of FEMALE. now she went back to Phil last 3 weeks and on the process of fixing it. But that would take prolly another 6 months to be OK. now what do you guys suggest? can i submit her BC with the discrepancy and write a letter to NVC stating that it is being processed? she has all the receipts and voucher to prove it is on process. What do you think? Would it really be a big deal for the immigration/embassy? knowing she is female and my biological mom. she has her passports/ID's/ marrge paper/ etc all in female.

Pls help....i was hoping for her to get here sooner as she is in the middle east. And things are not looking good over there =(

Anyone? Thanks in advance.....

These are BON requirements from california. I am not awarw about other states but most friends(graduated fr phil) who couldnt take their nclex here moved to texas and NY. I know the texas friend passed and im not sure if shes staying there to work.

I too graduated fr recently from nursing school but here in cali. My school took care of our paper works.

So far its been 3 months now and im still waiting for my att to take my nclex.

My instructors/ teachers who are filipinas confirmed that our state got tough with their to take nclex

Check out allnurses.com they got lots of tips for nurses

hi. what do u mean by school receipts?

Enrollmentt copies or all receipts she paid during her course/ each semesters.

It depends what State she's going to. Here in California, BON are very strict lately. I have friends who graduated from Philippines and could not take NCLEX. The board requires a lot of paper work and more than a year of schooling. Tell her to bring all school records including copies of her Clinical logs and school receipts.(These were some of the requirements my friends mentioned). But ofcourse as I've said it varies from your state. Goodluck!

hello everyone... i did ask this question before, but need some straight answers! please help me! I am so worried this has been bugging me for sometime now.. just received our NOA2 hardcopy so we can schedule interview after getting MNL case number... Just want to know if the USEM will honor AFFIDAVIT OF DISCREPANCY regarding the error in my Birth certificate.. (gender issue).. My lawyer said my case is still pending.. i don't know if it will be finalized by the time of my interview i don't wanna be put on AP.. So here's my question for those who encounter the same problem and for those who have knowledge about this.. can i really use AFFIDAVIT OF DISCREPANCY during interview at USEM? Thank You!

Did you get your visa Teddy showing the Affidavit?

Hi Teddy,

Just wondering what happend to your visa? were u able to get it approved by showing just the affidavit of discrepancy?

I don't know if this applies, but it looks promising:

http://www.sunstar.com.ph/baguio/local-news/2012/11/29/nso-no-need-court-order-correct-errors-255746

Thanks again for all the input. It looks complicated though. I went ahead and did my research too....Mom agreed we submit the BC with the affidavit and see where go from there. Now we're looking at how to get this sorted. Keeping my fingers cross.

My guess is that they will interview her with the documents you provide including the incorrect birth certificate. Then they will put her into administrative processing until you can get the new birth certificate. Usually once you send in the correct information they will ask her to send in her passport to receive her visa via mail.

=( So that means she has to go back and forth to Philippines and attend all court hearings....=( meaning it would take more than a year for her to get that corrected.....I guess if thats the only option then what else can we do.....I pray to God and still hoping they would just accept that BC with affidavit.......

I would have her go through the interview and then if they ask for the birth certificate to be corrected then so be it. At least that is the only thing holding her back. Start the processes correcting it now so that at least you are part way through by the time of interview.

Do you know if they would return her BC after interview?

Thanks so much.......

Just when I thought everything was going sooooooooo well. I guess i was wrong!!! I wanna CRY!!!!

Ok here is the story........I, USC petitioning mom. Mom is filipina working in the middle east more than half of her life. She met dad got married had me and my brother. (I migrated here to Us through K1) Now im trying to bring her here to be with me and hubby. ======= now my dilemma.....Since we were gathering her documents for DS230 - We just found out Mom's BC which she has a copy from way back in 1980's had an ERROR in GENDER!!! but along with that BC is an affidavit of discrepancy. I asked her how come she didn't had it fixed way back...( I cant blame her) she said ever since she was using that BC with no problem. She went to school, graduated RN, was able to obtain passport, got her RN license, was able to work in Middle East etc etc WITH NO PROBLEM......all she did was show that affidavit of discrepancy......Oh and also she has her multipe US visa.......Now I want to breakdown and cry so bad because I know this will be a problem during her interview. Her interview will be held in the middle east since thats where NVC will forward them. I dont know what to do. Please any word of advice???? Also, We were able to get her NBI clearance, Police clearance where she is currently residing etc etc with no problem and all of her documents had her gender FEMALE.

I dont know if I should hold her DS230 papers or just submit them with that old BC of hers with the affidavit? I know Philippines currently wont accept affidavits for gender anymore and she has to go through the lengthly process of correcting it......My goodness....shes almost retiring and now we're going back to square one???? .....I wonder if the US consulate in the middle east are very particular about it.....=((

Hello Fellow Vjs

Mom and I are on the process of gathering her documents to be sent to NVC....my question

1.Do I need to submit my (petitioner) original birth certificate along with Moms (beneficiary) other DS230 requirements??

2.If the answer is yes to my first question then it means she has to send the papers to me first then I would be the one to forward to NVC because my own bc is with me here in US....Right? is that ok??

3.After I reply back to NVC for the AOS RFE they sent me..how do you know they approve for it? will I get a confirmation or update via email too?

Hi Fellow VJ

Thanks Jay-Kay.....I went back to the instructions it doesn't say that the Main (Me) sponsor has to sign it......it does mentions however that:

If the sponsor you are promising to your income available to is sponsoring the principal intending immigrant (the sponsor should have YES as his answer to item #8 of his form I-864 - WHICH I I DID).......

ohhhhh wait a min!!! your right!!! My bad!!!...after thoroughly reading it!! Part 2 is stating the I the sponsor IN CONSIDERATION OF THE HOUSEHOLD ( MY COSPONSOR) MEMBER's promise to support the ff intending immigrant.....

then Part 3 is for Househould/co sponsor (hubby) to sign

THANK U everyone!!!

Because that is how the form works and what it calls for. Read the form and instructions for it. It is a contract between the sponsor filling out the I-864 and a household member that is agreeing to combine their income with yours. You must fill out that section of the form and sign there. Your husband signs in another part below.

Thanks Jay-Kay.....I went back to the instructions it doesn't say that the Main (Me) sponsor has to sign it......it does mentions however that:

If the sponsor you are promising to your income available to is sponsoring the principal intending immigrant (the sponsor should have YES as his answer to item #8 of his form I-864 - WHICH I I DID).......

I am the Petitioner and benificary is MY MOM....Hubby helping me out as co sponsor (filled I864A) because I do not meet the poverty line....

NVC Wants me to put my name in Pt 2. line 13 and sign it,,,,(although I admit hubby forgot to sign that part) but why would NVC want to have my name and not leave hubby name and have him sign it??

I wanted to call NVC today but unfortunately its the weekend and their closed =(

The better question is who is the beneficiary in this case? It might not be her husband.

I am the Petitioner and benificary in MY MOM....Hubby helping me out as co sponsor because I do not meet the poverty line....

So Today I received an email from NVC saying:

Checklist for I-864A (filed by MY HUSBAND name as my cosponsor )

NVC has reviewed the financial evidence submitted. However, additional information is

required to complete the financial evidence review. Please provide all requested documents and

refer to page two for mailing instructions.

General Instructions

[x] You will need to complete and submit the new form completely filled out (all pages required), which includes

the changes noted below. Submitting single pages of the form with the correction is not acceptable. In order

to make corrections you will need to download a new form at www.ImmigrantVisas.state.gov.

Part 2 Sponsor's Promise

[x] On line 13, the (sponsor) has not correctly entered his/her own name in the blank, "I, the sponsor

__"MY NAME"_________________________________ in consideration…".

[x] The (sponsor) has not signed and/or dated his/her name on the appropriate line.

[x] The (sponsor)'s signature must be original.

[x] The (sponsor)'s signature must be in blue or black pen.

Now my question is:

Why would I put my name(as the petitioner) in Part 2- line 13 and sign it if its my husband who is promising and filling out the I864A ? (I already filled out the I864 and looks like it was accepted since they did not ask for anything else......Confused.....Pls help......

None of it should be relevant... When you Hubs' father divorced & remarried in the US it was all legal.

In the Philippines Hubs' Mom is still considered married and couldn't get re-married or get CFO clearance to leave the country based on a new fiancé or husband as the Philippine Gov't considers her still married to Hubs' Dad.

She is being petitioned by her son so her marital status is irrelevant to the immigration process and if asked at CFO it doesn't matter either.

great! thanks for all your feedback.....=)

We're now relieved and we should be filing it again..it been holding us for couple of weeks already....now its clear...thanks....

The father

The divorce

The lack of annulment

They are all irrelevant in the petition.

It is your hubby, the son, who is petitioning for his mother. The father is not petitioning for the mother.

The only thing that matters here is for your hubby and his mother to be able to provide proof of their relationship to each other.

okay but hubby acquired his citizenship tru father....father acquired his tru second marriege...he use to be on a tourist visa, filed the divorce and married US citizen....is that still valid?

okay but hubby acquired his citizenship tru father....father acquired his tru second marriege...he use to be on a tourist visa, filed the divorce and married US citizen....is that still valid?

Also, during my interview Consulate asked me how Hubby got his naturalization....I told him tru his dad who petitioned him....

I came to realize his dad got his citizenship tru marrying his current wife an american citizen....

but since he was filipino during the time he filed for divorce....is that okay?

father divorced in usa, has usa divorce decree

and then

married again in usa.

father remained in usa

father is us citizen.

in USA, in no issue on the father.

---

I don't see the issue on yer hubby's mother - as

yer hubby is USCitizen - and it is HE that is petitioning for HER, his mother.

I get your point....but in the Philippines...there is no Divorce...only annulment...and father filed divorce in the US before he became citizen...

I don't smell any issue, for an I-130 petition, IR-5 visa, for 'a person'. If it were 'two people' then it might get convoluted, and ya might have to get the 'annulment work' done in the PI.

so does it mean that the second marrige of father is void? and not considered legal?

Here is the scenerio:

Both hubby's parents were filipino. "separated" (not legally) when hubby was just 2 yrs old.

Father came to US and married US citizen back in the 1980's. He filed for divorce in the US. w/ court order.

Mother signed the US divorce as well and returned the document to ex husband. (we are aware that that there is no divorce in the philippines)

Now father was able to bring Hubby, his older sis and one more is still on the process( was left in the philippines because she was above 21 when he filed for them).

Hubby is US citizen & petitioned me as K1.

We are now planning to bring his mother here to US as well.

Question:

Will there be any problem in terms of the divorce papers? She has not filed any annulment or nor have records of being divorced/separated in the Philippines. She is still using Ex husband last name in all her documnets such as passport....

Should we hire a lawyer for this case?

thanks