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April 12, 2010: What Affect Will Incorrect Date on Marriage Certificate Have on Residency Application?

What Affect Will Incorrect Date on Marriage Certificate Have on Residency Application?

I came to the United States legally with a visa when I was around four years old. When my mom wanted to enroll me in school they told her I would have to wait an extra year because the cutoff date was August and I was born in September. So she changed my birthday to August and I have been using that August birthday ever since.

I recently married a United States citizen and want to process the forms to become a lawful permanent resident, but on my visa it shows my birthday in September and my marriage license shows my birthday in August. Will this be a problem? Could they deny my application because they might think I am using someone else’s passport? Also if I have to use my real birthday will I have to get remarried? Or can I just explain my situation to the judge?
— Anonymous

Generally, when filing an adjustment of status application with the United States Citizenship and Immigration Services (USCIS), an applicant is required to provide a copy of their birth certificate and an English translation, where applicable.

Adjustment of status applicants also need to provide proof of their entry into the United States such as a passport with a visa and entry stamp and/or I-94 card. Also, the Petitioner must submit a copy of the marriage certificate when filing an I-130 petition. Since all of these documents will have the Applicant’s date of birth, it is important that the date is consistent on all of the documents. If it is inconsistent, then it will raise suspicion regarding the reliability and credibility of all of the purported documentation.

You should contact the Court where the marriage license was filed to amend your date of birth to reflect the date of birth on your birth certificate. You should not have to get remarried to have the date of birth changed on the marriage certificate. Depending on all of the facts surrounding your use of the false date of birth, it may impact your immigration situation.

It may be wise for you to consult with an experienced immigration attorney before filing any paperwork with the USCIS to analyze whether your use of the false date of birth will have any negative consequences on your immigration future. There may be a reasonable explanation that can be given to the USCIS regarding this matter and an experienced immigration attorney should be able to properly advise you.

Michael Shane and Evan Shane,Immigration Attorneys

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