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  • Strange problem,Please advise!!!

    I recently got my citizenship and now I want to file GC for my parents.

    But, my brother who also stays in US has the date of birth year same as mine. Both of us have only 5 months of age gap in our birth certificates. It happened that my brother grow up with my aunt and she put one year less on his date of birth while joining school. My parents put my date of birth correct.

    Now, when I am filing for I-130 and I485, they ask to list out all the children and also their date of births. When I list out both my details and my brothers, there is every possibility that they might question us about the age gap.

    Do you think it will cause a problem for my parents GC? Please advise.

    Thank You,
    Reddy

  • #2
    Preemie baby?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Either forget about filing for your brother completely (since it will take 15-20 years anyways).

      Have your parents file for him when they become US Citizens...

      or

      Get the BC fixed...
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

      Comment


      • #4
        Thanks for the responses.

        My brother already has a GC.

        In I-130,I need to list all the children of my parents and their date of births.
        In I-485, I need to list all the children of my parents, their date of births and their alien number if they have any.

        All the certificates ,for both of us, 10th marks record, BC have same birth year. Moreover, my parents have given affidavits stating that his birthdate is correct and he was born to them, when my brother applied for his GC. Also, they have given affidavits to me too.

        There is only 24 weeks of age gap between both of us.

        I am really confused.

        Comment


        • #5
          I think them giving the affidavits has complicated the situation as it may be construed as lying and could impact their GC if an officer notices that.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            I think it is better to stick on to the dates and if USCIS call for a RFE, then my parents have to say that my mother got pregnant soon after the delivary and I was delivered early because of some health issues and my survival is a miracle.

            Please let me know how does this sound.

            Comment


            • #7
              what other choice do you have?

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                You people should have figured this out and fixed before anyone got a GC... It is always best not to LIE to USCIS.
                Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

                Comment


                • #9
                  Originally posted by reddy85
                  my mother got pregnant soon after the delivary and I was delivered early because of some health issues and my survival is a miracle.
                  The biological possibility of this could still be questioned.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    How about I take a chance and apply for my parents GC and if they are called for RFE,I cancel my application? Is it possible? If it is possible can they visit US later as a visitor.

                    Please suggest!

                    Comment


                    • #11
                      sailing in the same boat

                      Hi reddy85,

                      I filed GC petition for my parents in august this year, and i have pretty much the same problem as you.

                      But in this case, it is the DOBs of my brother and sister that are in the same year, my sister is march 1969 and my brother is june 1969, barely 3 months apart.

                      But i still went ahead and filed the petition, keeping my fingers crossed that VSC or NVC does not issue an RFE for this.

                      Anyways, i have searched as many immigration forums as possible and do not see anything with a solution to our problem.

                      PLEASE IF ANYONE OUT THERE KNOWS A WAY AROUND THIS PROBLEM, PLEASE DO POST YOUR REPLY.

                      Comment


                      • #12
                        Hi Ibandu,

                        I wish your parents get GC. Please keep me posted on your parents GC.

                        WISH YOU ALL THE BEST,
                        Reddy.

                        Comment


                        • #13
                          It is very difficult to explain lies and fraud on official documents.

                          Comment

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