Legal Question in Immigration Law in India
Wrong Spouse Details in Passport
Hello,
I am on a H1-B visa from India and currently live in NJ. 5 years ago, when I applied for my passport in India, the broker who filled in my application entered wrong info as for my spouse details. He asked for a beneficiary name and I gave my uncle's kid's (born 1987) name since I was a single/unmarried guy. But whereas, the passport came out with my uncle's kid as my spouse!! I could not get it rectified then as I was to leave India in a hurry. Now, I plan to marry a USA citizen but the spousal entry in my passport is concerning me. I dont want the INS/Goverments to think I have two wives or this will keep me from marrying. I can get the kid's birth-certificate and an affidavit too from her father as for the fact stating such marriage never took place, if required.
Please help how to fix this mistake in my passport. I should like to know what I should do so I can get married legally.
Thanks in advance!
Shekhar
1 Answer from Attorneys
Re: Wrong Spouse Details in Passport
My recommendation to you is to have your passport corrected by contacting your Embassy or government back home. Trying to explain the mistake in your passport to the INS may be too confusing for them to understand. It would be a risk to proceed with your marriage based green card process with the wrong spousal information in your passport. If the INS does not clearly understand your explanation, it could cause significant delays or other problems with your marriage based immigrant petition. I think you should amend the error in your passport first.
Good luck.
Bobby Chung, Esq.
(310) 539-2389