no birth certificate, is notarial certificate good enough?

[kwk]

I am trying to file I-485 for my dad, one of the document needed is his birth certificate. He was born in China in 1935 and no birth certificate was issued back then. He does have a notarial certificate of birth (Gong Zheng Chu) from China's Notarial Office. Does he still need to have 2 affidavits from relatives or is the notarial certificate good enough to fulfill the record of birth requirement?

[chilton747]

The notarial certificate is all he needs. (white book)

[Randy W]

The notarial certificate is all he needs. (white book)

 

 

In fact, that's EXACTLY what they need!

[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.

[dnoblett]

Also the notorial offices in China will provide English translations of the documents which you need to provide when filing things to USCIS as per your I-485 ref. Also adjustment of status does not need police certificates.

 

Sounds like AOS from visit visa if this is the case an I-130 petition is also needed to be attached

 

A guide, http://www.visajourney.com/content/i130guide2 adjust it some for parent evidence vs spouse.

Edited April 9, 2011 by dnoblett (see edit history)

[Randy W]

Also the notorial offices in China will provide English translations of the documents which you need to provide when filing things to USCIS as per your I-485 ref. Also adjustment of status does not need police certificates.

 

Sounds like AOS from visit visa if this is the case an I-130 petition is also needed to be attached

 

A guide, http://www.visajourn...tent/i130guide2 adjust it some for parent evidence vs spouse.

 

 

That would be a stretch to think that anyone would get a green card without having submitted these. For most of us, they were submitted with the visa application. further reports needed by the USCIS that they are unable to get themselves, they will (and do) request.

[dnoblett]

Need to wait for USCIS to request police reports neither I-130 or I-485 have them as required docs when filing.

 

A year ago I helped a Chinese college student woth AOS papers, no China police report, an none requested.

Edited April 9, 2011 by dnoblett (see edit history)

[Randy W]

Need to wait for USCIS to request police reports neither I-130 or I-485 have them as required docs when filing.

 

A year ago I helped a Chinese college student woth AOS papers, no China police report, an none requested.

 

 

Yes - anywhere they've lived over the age of 18 is fair game - the U.S. police reports are usually obtained directly from each police dept. where they've lived - no request to applicant needed.

[lichenrachel]

I am trying to file I -485 for my dad, one of the document needed is his birth certificate. He was born in China in 1935 and no birth certificate was issued back then. He does have a notarial certificate of birth (Gong Zheng Chu) from China's Notarial Office. Does he still need to have 2 affidavits from relatives or is the notarial certificate good enough to fulfill the record of birth requirement?

 

I filed my AOS with Notarial Certificate of Birth and just got a RFE requesting for the original birth certificate... Arbitrary change of rules by USCIS again?

Edited April 17, 2011 by lichenrachel (see edit history)

[Randy W]

I am trying to file I -485 for my dad, one of the document needed is his birth certificate. He was born in China in 1935 and no birth certificate was issued back then. He does have a notarial certificate of birth (Gong Zheng Chu) from China's Notarial Office. Does he still need to have 2 affidavits from relatives or is the notarial certificate good enough to fulfill the record of birth requirement?

 

I filed my AOS with Notarial Certificate of Birth and just got a RFE requesting for the original birth certificate... Arbitrary change of rules by USCIS again?

 

 

No - that would be an inappropriate RFE. If you can't oblige their request, you might tell hem what effort you made to obtain one, and also point them to the Dept. of State's Reciprocity tables.

 

Look again at the RFE - they will usually only expect copies. Resend a copy of the notarial certificate to make sure they will have what they need. They will often use generic language for all countries, rather than tailor a request specifically for China.

[kwk]

I am trying to file I -485 for my dad, one of the document needed is his birth certificate. He was born in China in 1935 and no birth certificate was issued back then. He does have a notarial certificate of birth (Gong Zheng Chu) from China's Notarial Office. Does he still need to have 2 affidavits from relatives or is the notarial certificate good enough to fulfill the record of birth requirement?

 

 

Thank you for answering for previous question!! Another question - My Dad's notarial certificate of birth (Gong Zheng Chu) came with a English translation from the Chinese government. Will USCIS accept the translation or do I still need to have someone translate and certified?

 

Per USCIS: Any foreign document shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate form the foreign language into English.

[Randy W]

I am trying to file I -485 for my dad, one of the document needed is his birth certificate. He was born in China in 1935 and no birth certificate was issued back then. He does have a notarial certificate of birth (Gong Zheng Chu) from China's Notarial Office. Does he still need to have 2 affidavits from relatives or is the notarial certificate good enough to fulfill the record of birth requirement?

 

 

Thank you for answering for previous question!! Another question - My Dad's notarial certificate of birth (Gong Zheng Chu) came with a English translation from the Chinese government. Will USCIS accept the translation or do I still need to have someone translate and certified?

 

Per USCIS: Any foreign document shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate form the foreign language into English.

 

Check the last page to see if it satisfies this requirement or not. A white book translation (which most people get) DOES include this certification.

[MarcRosie]

My wife just got an RFE for submitting a Notarial Birth Certificate for her daughter. They said they needed more proof that it was a real relationship. Said that the fact that her birth date and the date the Notarial Birth Certificate was given was more than (one) year ago. So the laws must've changed huh.