Can my son migrate with me to the US even if the date of marriage indicated on his birthcertificate is wrong?

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Can my son migrate with me to the US even if the date of marriage indicated on his birthcertificate is wrong?

I am migrating to the us thru work. I had 2
previous marriages, the 2nd one was bigamous
because the first marriage was not annulled,
now, both marriages has been dissolved thru
annulment. I married my 2nd wife again to
make it legal. We have a son, and on his birth
certificate, it still contains the date of my 2nd
marriage. Would it cause a problem in our
papers? Does it matter what date of marriage
is indicated on his birth certificate? Please note
that i am the principal sponsor and i am on the
eb1 petition, and i am from the philippines.

Asked on February 22, 2016 under Immigration Law, Alaska

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It should not matter that the date of your marriage appears on the birth certificate.  It is the fact that you are the indicated parent of the child that is more relevant in this case. As long as the child's birth certificate has your name, then your child will be eligible for the dependent visa.


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