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date of birth wrong on passport, not matches birth certificate


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#1 GC2k6PD

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Posted 26 January 2012 - 03:36 AM

The date of birth on my spouse's passport does not match that on her birth certificate (year of birth on Passport is wrong). All other documents (school certificates, etc) have same date of birth as her passport.

When we file her I-485, what are her options-

A. Get date of birth corrected on all documents (school certificates, passport, etc) and match it to Birth certificate. I assume USCIS considers Birth certificate as source of truth. So do they care if passport & other documents carry wrong date of birth during adjudication or application processing? If they object to having wrong date of birth on passport, is it sufficient to say we will get passport corrected later? She is Indian passport and it can really long to get it fixed.

B. Instead of using Birth certificate, use a non-availability certificate, combined with affidavits and school certificates. The non-availability certificate may be hard to obtain though.

please advise.

#2 GC2k6PD

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Posted 04 February 2012 - 02:32 PM

Can someone please advise /suggest. Thanks in advance.

#3 gcbirthcert

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Posted 23 February 2012 - 02:20 PM

I am in same boat .. Some body please advice ..

#4 submit2junk

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Posted 05 March 2012 - 10:26 AM

The date of birth on my spouse's passport does not match that on her birth certificate (year of birth on Passport is wrong). All other documents (school certificates, etc) have same date of birth as her passport.

When we file her I-485, what are her options-

A. Get date of birth corrected on all documents (school certificates, passport, etc) and match it to Birth certificate. I assume USCIS considers Birth certificate as source of truth. So do they care if passport & other documents carry wrong date of birth during adjudication or application processing? If they object to having wrong date of birth on passport, is it sufficient to say we will get passport corrected later? She is Indian passport and it can really long to get it fixed.

B. Instead of using Birth certificate, use a non-availability certificate, combined with affidavits and school certificates. The non-availability certificate may be hard to obtain though.

please advise.


Hi GC2k6PD & gcbirthcert

i recommend you go the NABC way. It may be harder to obtain but i recommend that. You have not mentioned which part of India you are from. Hope it clarifies your question. Do you have ration card and if so what date is there in it? If the ration card date is correct and is different from Passport date, then you many be able to get the PP corrected. Better if the ration card has your photo id. Otherwise, i do recommend the NABC option. Remember ration card is not an international document yet :-(

#5 IntrepidVoyager

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Posted 07 March 2012 - 11:50 AM

I have the same issue: correct DOB on birth certificate but an incorrect date on all other documents, including my passport & previous visas. Based on advice from a couple of attorneys, I have filed for my AOS with the correct birth certificate and requested the USCIS to note the correct birth date. My application was filed in the end of November and there is no status update yet. In the meantime, I am working on getting my passport fixed to show the correct DOB.

#6 SameerH1Bworker

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Posted 07 March 2012 - 04:07 PM

USCIS does not consider DOB mentioned in Passport and may be because of that reason they're not accepting Birth certificate issued by consulate/embassy. As per my knowledge they only look original Birth Certificate.

#7 pkjain4

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Posted 14 April 2012 - 12:02 AM

Hi #5 IntrepidVoyager,

I have the same issue: correct DOB on birth certificate but an incorrect date on all other documents, including my passport & previous visas. Based on advice from a couple of attorneys, I have filed for my AOS with the correct birth certificate and requested the USCIS to note the correct birth date. My application was filed in the end of November and there is no status update yet. In the meantime, I am working on getting my passport fixed to show the correct DOB.


What happened to your case, did you get the GC yet? please share snce we are in the same boat.


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