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  • I-130 DOB mistake

    Hello friends. I have filed Form I-130 back in 2003 for a relative. At that time I used a date of birth for the relative as provided in the birth certificate. However, when recently we got request to send Immigration Visa supporting documents, the birth certificate and form I-130 has a different date of birth when compared to passport. The passport actually has the right date of birth.

    Birth certificate: September 3, 1958. This date is wrong.

    Passport: September 2, 1958. This date is correct.

    Since birth certificate was used to file the date of birth on form I-130, the authorities have that birth date which in fact is wrong.

    What should I do? Will the visa center accept a change in date of birth after 10 years of submitting form I-130 initially?

    Thanks for all the replies and insight into this.

  • #2
    How you handle this may depend on the country of the visa applicant. The simplest way is to obtain a certified document issuing authority acknowledging the error and stating the correct birth date.

    --Ray B

    Originally posted by JoeTrader83 View Post
    Hello friends. I have filed Form I-130 back in 2003 for a relative. At that time I used a date of birth for the relative as provided in the birth certificate. However, when recently we got request to send Immigration Visa supporting documents, the birth certificate and form I-130 has a different date of birth when compared to passport. The passport actually has the right date of birth.

    Birth certificate: September 3, 1958. This date is wrong.

    Passport: September 2, 1958. This date is correct.

    Since birth certificate was used to file the date of birth on form I-130, the authorities have that birth date which in fact is wrong.

    What should I do? Will the visa center accept a change in date of birth after 10 years of submitting form I-130 initially?

    Thanks for all the replies and insight into this.

    Comment


    • #3
      Originally posted by rayb View Post
      How you handle this may depend on the country of the visa applicant. The simplest way is to obtain a certified document issuing authority acknowledging the error and stating the correct birth date.

      --Ray B
      Thanks so much for replying Ray.

      Country of visa applicant is India. We can get the birth certificate date changed to the correct date. However, should I simply tell USCIS that there was an error in filing the initial DOB because of the mistake in the original birth certificate? Do I need to turn in any secondary evidence such as passport, school leaving certificates, affidavit from mother?

      Comment


      • #4
        The DOB error is very minor and hardly constitutes deliberate factual inaccuracy. If responding to USCIS, include an amendment to the original petition, providing an explanation for the error and reporting the correct DOB. If responding to the National Visa Center, provide a corrected birth certificate and an explanation for the original date mixup with a signed statement.

        --Ray B

        Originally posted by JoeTrader83 View Post
        Thanks so much for replying Ray.

        Country of visa applicant is India. We can get the birth certificate date changed to the correct date. However, should I simply tell USCIS that there was an error in filing the initial DOB because of the mistake in the original birth certificate? Do I need to turn in any secondary evidence such as passport, school leaving certificates, affidavit from mother?

        Comment


        • #5
          Originally posted by rayb View Post
          The DOB error is very minor and hardly constitutes deliberate factual inaccuracy. If responding to USCIS, include an amendment to the original petition, providing an explanation for the error and reporting the correct DOB. If responding to the National Visa Center, provide a corrected birth certificate and an explanation for the original date mixup with a signed statement.

          --Ray B
          Thanks for all the help Ray. Really appreciated.

          Comment


          • #6
            Originally posted by JoeTrader83 View Post
            Thanks for all the help Ray. Really appreciated.
            Will highly appreciate if you kindly let me know what happened afterwards? Had the USCIS accepted correction?

            Comment


            • #7
              plz kindly let me know what happened afterwards?

              Comment


              • #8
                Originally posted by bdzahid View Post
                Will highly appreciate if you kindly let me know what happened afterwards? Had the USCIS accepted correction?
                I don't the outcome of "JoeTrader83" case. But I personally had the similar situation. I filed I-130 for my sister and wrote wrong date of birth of my nephew. Now when the case has become current I realized the mistake.

                So following "rayb" advice I emailed NVC the copy of my nephew's birth certificate along with an explanation about the mistake. NVC replied back after few days telling me that mistake has been CORRECTED.So I sign in on Department Of State web site to make sure my self and YES it has been FIX now.
                Last edited by Awan96; 10-28-2016, 09:12 PM.
                Disclaimer: This is NOT a legal advice. Use it on your own risk.

                Comment

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