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Immigration Issues/Wrong birth date calculation on I-129F petition


Hello  Mr. Krishnan,

I have a problem.  I am an American citizen and I filed an I-129F for my Ethiopian fiancee.  The petition has been approved by the USCIS and has been forwarded to the Visa Center.  My fiancee and I have recently discovered that we incorrectly figured his birthday from the Ethiopian calendar to the American calendar.  We were 2 years and a few months off.  How can we amend this mistake?  Will we have to amend the mistake before it is sent to the Consulate in Ethiopia?  If it gets to the Consulate in Ethiopia before we can amend the problem, what steps should we take at that time? Will we be penalized?  Will he be allowed to receive the visa if his passport and the paper work have different birthdays?  This seems to be the only problem with our application.  Please advise.  Thank you in advance.



You need to file an amended petition with the supporting documents. The amended approval notice will be sent to the Consulate too. If the interview comes before the amended petition is approved you may take the opportunity to present your amended petition and supporting documents to show the consulate that it was a honest mistake. It would then depend on the officer to either accept it or not.
My advice would be for you to file an amended petition ASAP.
Best of luck.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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