Divorce proof/Notarial certification

[ibekarl]

I am a US citizen resident in the USA. In September, I applied to USCIS for a Fiancee Visa (form I129F). My fiancee is a Chinese citizen living in Beijing. We have submitted all the documents, but they have now notified me that the document we presented as proof of her divorce from her former husband is not acceptable. This was the document issued to her at the time she registered her divorce. The letter states that "A Divorce Nisi is not considered to be evidence of a final divorce." (I don't know what a "Divorce Nisi" is.) The letter says that we must submit a final divorce decree and that this must be processed through the Chinese notary office and issued in the form of a "notarial certificate." The letter further states that the we must provide a translation into English and that "the translator must certify that the translation is accurate and that he or she is competent to translate." Does anyone have experience with this who can explain exactly what document she needs, and the form the translator’s certification of competency must take? Many thanks.

[Randy W]

Chinese Notarial Documents - see DOS China Reciprocity Schedule

Most of the documents needed

can

be obtained from one of China's Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats

 

The documents required are the GongZhengShu ¹«Ö¤Êé

 

Sample application for documents (your province or

hukou

may vary):

http://www.bnpo.gov.cn/upload/file/200872115331419.doc

 

http://www.bnpo.gov.cn/guide/detail1.asp

A discussion of the huji (or

hukou

»§¿Ú) system

can

be found at

Hukou

System

. Chinese residents should go to their

hukou

for all notarial documents (birth, divorce, and/or single certificate, and police records). For the police record, one obtained at the

hukou

will cover all of China.

 

A notarial document will be in the standard white notarial booklet, have an official red seal, an English translation, and an attestation to the true translation.

 

Note that police records and single certificates are valid for one year from the date of notarization. Others are valid indefinitely.

 

Marriage certification for

I-130

or

K-3

must be in the same format.

 

If ANY document is unobtainable, you should submit a statement of WHY it is unobtainable, and what effort you made to obtain it.

[chilton747]

In other words, notarized "white" books from the place her residence is registered.

[whome?]

In other words, notarized "white" books from the place her residence is registered.

Haha...yes..and to make it even easier..it has to be the same format as her offical birth certificate/translation which you must have submitted with the I-129F. Get the divorce ceritifcate from the same place.

[ibekarl]

In other words, notarized "white" books from the place her residence is registered.

Haha...yes..and to make it even easier..it has to be the same format as her offical birth certificate/translation which you must have submitted with the I-129F. Get the divorce ceritifcate from the same place.

 

Actually, we didn't have to submit birth certificate for I-129F application (at least not to USCIS), only fill out forms, copy of her passport, and some other stuff, although I understand she may need birth certificate later at time of interview.

[whome?]

In other words, notarized "white" books from the place her residence is registered.

Haha...yes..and to make it even easier..it has to be the same format as her offical birth certificate/translation which you must have submitted with the I-129F. Get the divorce ceritifcate from the same place.

 

Actually, we didn't have to submit birth certificate for I-129F application (at least not to USCIS), only fill out forms, copy of her passport, and some other stuff, although I understand she may need birth certificate later at time of interview.

Yes..your right..I forget that with the I-129F you did not need the birth certificate. However you can get the birth and police certificates from the same notary office in her hometown.

[dnoblett]

Actually, we didn't have to submit birth certificate for I-129F application (at least not to USCIS), only fill out forms, copy of her passport, and some other stuff, although I understand she may need birth certificate later at time of interview.

Not "May" need it, she WILL need it at the time of interview, and yes the divorce doc needs to be attached to the I-129F as proof of being free to marry before filing the I-129F. http://guangzhou.usembassy-china.org.cn/up...m169-May_09.pdf

 

12. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

 

5. What Documents Do You Need to Prove That You Can Legally Marry?

 

D. If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.

http://www.uscis.gov/files/form/I-129Finstr.pdf Edited November 22, 2009 by dnoblett (see edit history)