Am I eligible to apply for my green card? 5 Answers as of August 22, 2011I entered the US on a visit visa 10 months ago. I'm married to a US citizen and we want to file to change my visa status in order to get my permanent residence. We have been married for 6 months now. My passport has my year of birth. Whenever I applied for a visit visa they told me to use o1-o1 for my month and year of birth and so I wrote on my I-94 form, when we got married they used the same date. Now I have my birth certificate notarized from my country and my dob is different, I have applied for an Affidavit of correction of my marriage certificate. My question is, will the dob on my I-94 affect or delay my file?
Fong & Associates | William D. Fong
You can file, but you will need to explain the discrepancy in your birth certificate, your passport and your I-94. It will usually require an affidavit, but you may need to get a corrected passport. Consult with an experienced immigration attorney.
Answer Applies to: Texas