help! ny marriage record amendment problem

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help! ny marriage record amendment problem

Postby rinaldo48 » Tue Jul 31, 2007 5:21 pm

I had my appointment at the nyc consulate a few months back and the only issue i had was on my father's marriage certificate. unfortunately, when my father went for his marriage license back in 1982 he signed his name as Emil instead of his true birth given name Erminio. He did this because his parents and friends had called him Emil his whole life and was more accustomed to that name than his true name. The lady at the consulate told me that his name on the marriage certificate had to be in his birth given name. my father sent in about a month and a half ago a marriage record amendment form to the correction unit in upstate ny and today I called to check up on its progress. the woman at the correction unit told me that because he signed his name as emil when he went for his license that it would be very hard now to have the record changed to his true name. She told me that if i could find a passport or drivers license from 1982 that said his name as erminio then maybe she correct it. however, she said there was no guarantees and that it probably couldnt be changed. how could it be so hard to have the record corrected to his true birth given name? Legally, wouldn't new york state want the record to reflect his true name? if anyones had this problem or could help please write back, thanks-Ron
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Postby peggymckee » Tue Jul 31, 2007 5:36 pm

Hi Ron,

I sent you a PM (private message) regarding the lady at the consulate. I would be most grateful if you would look at it & let me know the answer. Many thanks, Peggy M
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Postby Em » Tue Jul 31, 2007 6:13 pm

NY seems to be getting really picky about minor details. I assume that your father's name on your birth certificate is the same name that appears on his birth certificate, so the connection is established. The connection is further established by the birth date on his birth certificate and on his marriage certificate.

Why not have your father sign a notarized affadavit that his name is Erminio and that all his U.S. records are in that name with the exception of his marriage certificate, which bears his nickname "Emil." Since your father is still alive, this becomes less of a problem.

If the consulate still considers this an issue, I think we can assume that it is now consular policy to deny as many applications as possible despite obvious eligibility.
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Postby rinaldo48 » Tue Jul 31, 2007 6:55 pm

yes em you are 100 percent correct. on my birth certificate my father's name is his true birth given name of Erminio. I'm strongly thinking about taking up your idea of a notarized letter. It's true that the family connection is established and there should be no problem..
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Postby peggymckee » Tue Jul 31, 2007 7:09 pm

Hi Ron,

I have a question really. Can you tell me where you/your Dad got the forms for asking for an amendment of a marriage certificate in New York? I looked on the NYDPH website and could see nothing about amendments to marriage certificates.

I'm wondering why the amendment wasn't asked for at the County level--which is where the licence was issued.

Many thanks, Peggy M
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Postby rinaldo48 » Tue Jul 31, 2007 7:32 pm

I had to search around a little myself before I found the actual marriage amendment form, its very strange that they are not easier to find. I contacted the town of hempstead marriage unit located on long island and the people there were very nice and sent me a state form in the mail. the form is indeed a state form and new york state deals with the amendment and not the county which issued the license.. good luck-Ron
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Postby peggymckee » Tue Jul 31, 2007 8:02 pm

Ron--Many thanks and I've got my fingers crossed for you. Peg
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Marriage certificate amendments

Postby NOLA » Thu Aug 02, 2007 10:14 am

I had to amend my parents' marriage certificate and my own first marriage. If the marriage took place in NYC, you can go the Marriage Bureau and have it amended there. If your parents are no longer alive, you may have to show a Certified Death Certificate. If the marriage was outside the City of New York, the form has to be sent to Albany. The Consulate in NY will not take county certified copies.
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Postby rinaldo48 » Thu Aug 02, 2007 11:37 am

The difficulty that the albany office is giving me in amending my parent's marriage record is incredible. Yesterday, the supervisor there told me that the my father's name couldn't be corrected to his true name of Erminio because he signed his name as Emil in 1982. How can the record not be corrected to the true facts is what I cant figure out. The supervisor in Albany wants to have nothing to do with the issue and keeps repeating over and over that it cant be done. I've yet to call the consulate and explain the issue though I will soon, however for me its more a matter of principle over why the record cant reflect the true facts. Maybe contacting a lawyer would be a good idea. It was the town's fault for letting for my father sign a name other than his real name. He had to bring his birth certificate which has his true name of Erminio on it the day he went for his marriage license but somehow whoever was at the office that day still let my father put Emil which should of never happened.
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Postby peggymckee » Thu Aug 02, 2007 1:29 pm

Rinaldo48 --Ron,

Did the lady say which court you would have to go to? You may be able to do it yourself without a lawyer. If you know the court, call them and ask about self-help (pro se). Many times (but certainly not always) the court has the forms you need to fill out to ask the judge to grant your request.

Peggy
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Postby rinaldo48 » Thu Aug 02, 2007 6:25 pm

actually the lady didn't mention anything about court but since you mention it I think that may be a good idea. Would anyone happen to know which type of court would handle correcting the marriage record?
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Postby peggymckee » Thu Aug 02, 2007 7:26 pm

Ron--Don't go to court until your request is refused. When will you get a decision? Peg
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Postby rinaldo48 » Thu Aug 02, 2007 8:32 pm

the supervisor of vital records in albany already told me that my request to amend the certificate would be refused. She said there was nothing she could do about it because my father signed his name as Emil and she claims you can't change a signature. She said in a little bit I would receive in the mail a letter back saying the correction was refused. She is very difficult to deal with and refuses to acknowledge how all of my father's other documents are in his real name of Erminio and he only messed up on his marriage certificate...
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Postby peggymckee » Fri Aug 03, 2007 7:24 am

Ron,

I have a two suggestions.

1. When you get your official refusal, ask the refuser which court to go to in order to get a court order. The answer is not "your local court". They have to tell you which court(s) has jurisdiction over them.

2. This is relatively expensive & may not work--or you may have already tried it. Request the marriage certificate directly from the state of NY. I say this because I requested my marriage certificate directly from the state of Mass (married in 1973) and everything on the form was typed. The only signatures were that of local officials. I can't say I remember after all this time, but I imagine that I signed my marriage license--yet my signature is not on the marriage certificate and neither is my husband's.

I admit that you may waste $30-45 because what you get directly from the state may be no different than what you obtained from Hempstead.

http://www.health.state.ny.us/vital_rec ... rriage.htm

Good luck, Peggy M
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Postby nyyj » Fri Aug 03, 2007 11:03 pm

what if he gets a notarized letter from his wife acknowledging that he used his nickname on his marriage certificate and brings that to the consulate ??
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