Incorrect Date of Birth in I-130 and I-864

[chamojesus]

Hello Forum, I've found lots of great information here, so thanks everyone for posting. This is my first post and I hope I can find some feedback in regards to my predicament. I'll try to be brief.

My brother is a permanent resident and he filed form I-130 for his wife and child. The case was approved and submitted to NVC for processing. We submitted AOS I-864 and got a response from NVC to submit some additional information. We are getting ready to submit this paperwork.

However, my brother requested a new Birth Certificate for his son's Visa application and realized that the date of birth on the birth certificate that he originally submitted with the I-130 is incorrect. This "incorrect" date of birth is in all his forms, the I-130 and the I-864. Since I was the one who helped him fill out all the paperwork I used the incorrect information from the incorrect birth certificate. He didn't realize this until now. The difference in dates is about 6 months.

So here are my questions...

Should we contact NVC and USCIS to have this corrected? Would anyone know the procedures to do this? Would this delay the processing of the VIsa? Or, should we just submit a corrected I-864 and wait until the error is caught by NVC and USCIS and then submit the correct birth certificate if requested?

Any information on this topic would be greatly appreciated.

Thanks!!

 

[dhlunar]

You should get clarification in terms of a letter from the authority the issued the new amended birth certificate in why there is a difference in the dates. Without proof from the authority who issued the birth certificate that it was amended then the State Department might consider both or either document fraudulent. Also might sound odd, but could the difference be the birthday on the one that was sent with the I-130 was written in DD/MM/YYYY and the new one is MM/DD/YYYY or the other way around?

What does your nephew passport says his birthday is?

 

[chamojesus]

You should get clarification in terms of a letter from the authority the issued the new amended birth certificate in why there is a difference in the dates. Without proof from the authority who issued the birth certificate that it was amended then the State Department might consider both or either document fraudulent. Also might sound odd, but could the difference be the birthday on the one that was sent with the I-130 was written in DD/MM/YYYY and the new one is MM/DD/YYYY or the other way around?

What does your nephew passport says his birthday is?

Hi dhlunar,

Thank you for your help. The problem with these Venezuelan birth certificates is that when requested they are manually typed by a representative. It is made official by a set of stamps and office seals plastered all over the document. These offices will very unlikely admit their clerical error and worse yet draft a letter proving it. The incorrect date is July 27, 2011 (07/27/2011); the correct date should be December 27, 2010 (12/27/2010).

The reason why the error was caught is because my brother is getting his son a passport and he had to get a new birth certificate for the passport application. So, once he gets the passport, the passport will have the correct date of birth (12/27/2010).

The least I would want to happen is for NVC or USCIS to think that we are submitting fraudulent documents. I'm not sure what to do next.