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How to obtain a notarial birth certificate for wife's son, father


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My chinese wife has been in the USA now for five years. Her 17 year old son is still in China waiting to become 18 and immigrate to the USA. The problem is that his father will not allow the son to use the family registration or ID for the purposes of obtaining a copy of notarial birth certificate or any paperwork needed to secure a passport and eventual visa.

 

I know that when we make application for my wife's son, the American Counselate will need a copy of the birth certificate (notarial). Upon applying for his chinese passport, they will also need a birth certificate copy and maybe even the family ID or family registration.

 

The father will do everything that he can (regardless of son reaching 18) to keep him in China. Therefore, he will prevent any use of paperwork (no cooperation).

 

Questions are how to get around that? Will the Counselate recognize this plight? We don't want to do anything illegal.

 

My wife's son is quite the prodigy; wants to attend either Yale, Harvard or Princeton. He is now on the second to last year of high school in Xing'an China and is the number one student out of over 4000. We will, if successful direct him to MIT because his interests are in nuclear physics.

 

If anyone knows some answers or had a similar situation, please get back to me. Send a PM

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You will need it even before filing the I-130 petition for step child's visa, it is required to prove relationship to your spouse.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/StepChildBCert.jpg

 

http://www.uscis.gov/files/form/i-130instr.pdf

 

More than likely your spouse will need to visit China and the home town and work to get this for her son, she too should have access to family book that can be used to acquire the birth cert.

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