Received NOA and Packet 3 - Questions and Discussion

[MarineClimateLover]

My wife received her NOA and Packet 3 from Guangzhou last week. We are preparing the required documents and filling out the OF-169 and DS-230 form.

 

Here are the documents that are listed on the OF-169 form and what we're planning on doing about them:

 

MAILING ADDRESS LABEL:

 

Pretty self-explanatory here. Get a return address label so that Guangzhou can send Packet 4 to us.

 

Status: Check marked.

 

PASSPORTS:

 

Wife's passport is valid for a couple more years and she has no expired or cancelled passports, which from OS-169 asks for if they exist; good to go here.

 

Status: Check marked.

 

SIX PHOTOGRAPHS:

 

Six 2x2 unmounted full-face colored photographs with white background and glossy paper.

 

Status: Check marked.

 

TRANSLATIONS:

 

Documents we'll be getting translated: marriage certificates, birth certificate (see below for details on this - my wife wasn't issued one at birth), police report

 

Status: Check marked (but with caveats - we have not had my wife's birth certificate or police report generated yet.)

 

BIRTH CERTIFICATE:

 

As stated above my wife was not issued a birth certificate at birth - however her family's household registry (hukou) is available and accurate. We will be taking that to the notarial office in my wife's home city, along with her mom as a witness, to have a certified document prepared. In addition we will be having my wife's parents provide an affidavit which we will have translated and notarized.

 

Status: See TRANSLATIONS and BIRTH CERTIFICATE sections (but check marked so we can get on with the program)

 

POLICE CERTIFICATES:

 

Same deal here. My wife has called the police offices in her home city and made sure that she will be able to procure one of these. It'll be translated and certified at the notary office at the same time as the birth certificate and affidavit her parents are making about her birth information.

 

Status: Check marked

 

COURTS AND PRISON RECORDS:

 

Left unchecked - my wife has never been involved in litigation of any kind, convicted of a crime, or spent time in a correctional facility.

 

MILITARY RECORDS:

 

Left unchecked. My wife has never been in the Chinese military.

 

EVIDENCE OF SUPPORT:

 

A couple questions here: we have a co-sponsor who has already filled out the I-864 form and sent photocopies of her tax transcripts. At the interview how many I-864 forms are we submitting? One that I fill out as the petitioner, the one our co-sponsor has filled out, and...does my wife need to fill one out too?

 

At any rate - Status: Check marked

 

MARITAL STATUS DOCUMENTS:

 

We will have our marriage licences translated by the notary office (again) in preparation for the interview.

 

Status: Check marked

 

ORIGINAL DOCUMENTS:

 

It looks like they're asking for more evidence of our relationship here? In that case we'll come with our son's birth certificate, passport, and photos of our relationship including of our wedding, her time spent in the USA with my family and I and...anything else that would be beneficial? Am I understanding this section correctly?

 

Status: Check marked

 

 

CUSTODY DOCUMENTS:

 

Not applicable.

 

Status: Left unchecked

 

RESUMES:

 

The OF-169 form indicates that if my wife's profession requires a large and complex array of skill and/or education then to include a resume. My wife has a bachelor's degree in English and was a teacher when we met (currently a homemaker). We'll include one anyway.

 

Status: Check marked

 

VISA EXTENSION NOTICE:

 

Not applicable here

 

Status: Left unchecked

 

OK - I am sorry for the length of this post but it helped to get everything written out. It helps for me to organize things - sorry to have to subject you to it!

 

If there is anything I have left out or that you think would be beneficial to know please do chime in - I'm hoping that the above is good enough.

 

The only issue that I can see is that we don't actually have the birth certificate/affidavit thing sorted out or the police check completed. Our plan is to get the Packet 4 and interview date and then head to my wife's home city to have it done. Then from there just go to Guangzhou. Is that wise?

[Randy W]

As stated above my wife was not issued a birth certificate at birth - however her family's household registry (hukou) is available and accurate. We will be taking that to the notarial office in my wife's home city, along with her mom as a witness, to have a certified document prepared. In addition we will be having my wife's parents provide an affidavit which we will have translated and notarized.

 

You seem to have the birth certificate covered. Unless I'm misunderstanding what you're saying, the notarial document is what you're getting and is EXACTLY what is required.

 

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 公证书

 

Sample application for documents (your province or hukou may vary):

 

http://www.bnpo.gov....72115331419.doc

 

http://www.bnpo.gov....ide/detail1.asp

 

A discussion of the huji (or hukou 户口) 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.

[MarineClimateLover]

Thanks, Randy.

 

We had to figure out the whole Gong Zheng Chu thing out when we had our marriage booklets translated for our DCF at the Beijing consulate.

 

My wife called the gong zheng chu in the city where she's from and where her hukou is about the process. She needs her parent's ID cards (sheng fen zheng) and the hukou along with a statement from her old boss or something in order to get the birth certificate - then we'll have it translated to English. From what it looks like we can leave off the affidavit we were going to have her parent's draft and sign stating when their daughter was born?

 

The police certificate will go much the same way I'm guessing. Have it generated by the police office then translated by the gong zheng chu.

 

Any insight about the I-864 question I posed? Still a little unclear about who's filling one out. I know we'll need one from our co-sponsor, and myself, will my wife need to have one filled out as well? The language in the Packet 3 seems to indicate that she'll need one - but that doesn't really make sense.

[dnoblett]

Thanks, Randy.

 

We had to figure out the whole Gong Zheng Chu thing out when we had our marriage booklets translated for our DCF at the Beijing consulate.

 

My wife called the gong zheng chu in the city where she's from and where her hukou is about the process. She needs her parent's ID cards (sheng fen zheng) and the hukou along with a statement from her old boss or something in order to get the birth certificate - then we'll have it translated to English. From what it looks like we can leave off the affidavit we were going to have her parent's draft and sign stating when their daughter was born?

 

The police certificate will go much the same way I'm guessing. Have it generated by the police office then translated by the gong zheng chu.

 

Any insight about the I-864 question I posed? Still a little unclear about who's filling one out. I know we'll need one from our co-sponsor, and myself, will my wife need to have one filled out as well? The language in the Packet 3 seems to indicate that she'll need one - but that doesn't really make sense.

The Notary office where you get the documents can and will do the English translations, no need to have a third party do the translations, and even if you did have a third party do the translations, the consulate may have issue with this, they are very familiar with the notary office translations.

 

Police cert in most jurisdictions come from the notary office and gets translated there, if not then it is acquired from the PSB and then translated at the notary office.

 

I-864 only the Petitioner/Primary-Sponsor and any joint sponsor fill out the I-864. Beneficiary (The person getting visa) does not fill out the I-864 they are not sponsoring them-self. I-864 is included in packet 3 for the beneficiary to give to petitioner to fill out, I-864 is brought to visa interview not mailed to consulate.

[MarineClimateLover]

Thanks, Randy.

 

We had to figure out the whole Gong Zheng Chu thing out when we had our marriage booklets translated for our DCF at the Beijing consulate.

 

My wife called the gong zheng chu in the city where she's from and where her hukou is about the process. She needs her parent's ID cards (sheng fen zheng) and the hukou along with a statement from her old boss or something in order to get the birth certificate - then we'll have it translated to English. From what it looks like we can leave off the affidavit we were going to have her parent's draft and sign stating when their daughter was born?

 

The police certificate will go much the same way I'm guessing. Have it generated by the police office then translated by the gong zheng chu.

 

Any insight about the I-864 question I posed? Still a little unclear about who's filling one out. I know we'll need one from our co-sponsor, and myself, will my wife need to have one filled out as well? The language in the Packet 3 seems to indicate that she'll need one - but that doesn't really make sense.

The Notary office where you get the documents can and will do the English translations, no need to have a third party do the translations, and even if you did have a third party do the translations, the consulate may have issue with this, they are very familiar with the notary office translations.

 

Police cert in most jurisdictions come from the notary office and gets translated there, if not then it is acquired from the PSB and then translated at the notary office.

 

I-864 only the Petitioner/Primary-Sponsor and any joint sponsor fill out the I-864. Beneficiary (The person getting visa) does not fill out the I-864 they are not sponsoring them-self. I-864 is included in packet 3 for the beneficiary to give to petitioner to fill out, I-864 is brought to visa interview not mailed to consulate.

 

OK - so we'll have two I-864s filled out then. One from me and one from our co-sponsor.

 

The P3 with OF-169, DS-230, photocopy of biography page of my wife's passport, and the filled out EMS label was sent to Guangzhou today. As soon as we receive the date of our interview my wife will be getting her medical done here in Beijing at one of the hospitals listed on the GUZ website and then heading back to her home for the birth certificate and police check. Hopefully there's enough time to get those documents before needing to head to Guangzhou. I figure with the holidays coming up perhaps things might be a little slower.

[Beachey]

The interview can come fast and by returning the P3 you are stating you already have the police check and birth certificate. The birth certificate is good indefinitely and the police check is good for a year. I would go get them now rather than wait, you never know what Chinese bueracracy you will run into. The medical is only good for 180 days and you need the appointment letter so waiting until your appointment is set makes sense.

[MarineClimateLover]

The interview can come fast and by returning the P3 you are stating you already have the police check and birth certificate. The birth certificate is good indefinitely and the police check is good for a year. I would go get them now rather than wait, you never know what Chinese bueracracy you will run into. The medical is only good for 180 days and you need the appointment letter so waiting until your appointment is set makes sense.

 

I know it's a bit of a risk. I don't like it but if it gets touchy we'll try and reschedule. My wife would go now but we have a small son that needs to accompany her. If she goes home then she'll miss the packet and the opportunity to get the medical done in Beijing where we live literally a 5 minute cab ride away from. Hopefully things work out.

[dnoblett]

From what I hear packet 4 the interview packet comes in the form of email if you provided that on your OF-169. All p4 forms are downloaded off of Guangzhou website.

 

P4 email is the invite letter.

 

I would get the police cert and birth cert now ASAP

[MarineClimateLover]

From what I hear packet 4 the interview packet comes in the form of email if you provided that on your OF-169. All p4 forms are downloaded off of Guangzhou website.

 

P4 email is the invite letter.

 

I would get the police cert and birth cert now ASAP

 

My wife and I had a conversation about this and decided it'd probably be best if she went down to Wuhan and got those documents ASAP - like you've suggested. The big hang up is the medical which we'd like to have gotten in Beijing since we live literally just down the road from the certified hospital. It'd save some running around once we're in Guangzhou.

 

What's required to have the medical done? I was under the impression that a letter from the embassy had to be presented at the hospital in order to get the medical processed - but if we can just present forms that I can download and my wife can just go do the medical say, tomorrow, then that'd free us up for her to head to Wuhan get the birth certificate and police certificate organized. Any insight into that?

 

Basically we're trying to avoid getting the medical done in Guangzhou as it'd add a couple of days we'd have to stay there plus the running around in an unfamiliar Chinese city with a 1 year old kid that's not all that keen on spending too much time in waiting rooms and taxis/buses.

Edited November 29, 2012 by MarineClimateLover (see edit history)

[Randy W]

From what I hear packet 4 the interview packet comes in the form of email if you provided that on your OF-169. All p4 forms are downloaded off of Guangzhou website.

 

P4 email is the invite letter.

 

I would get the police cert and birth cert now ASAP

 

My wife and I had a conversation about this and decided it'd probably be best if she went down to Wuhan and got those documents ASAP - like you've suggested. The big hang up is the medical which we'd like to have gotten in Beijing since we live literally just down the road from the certified hospital. It'd save some running around once we're in Guangzhou.

 

What's required to have the medical done? I was under the impression that a letter from the embassy had to be presented at the hospital in order to get the medical processed - but if we can just present forms that I can download and my wife can just go do the medical say, tomorrow, then that'd free us up for her to head to Wuhan get the birth certificate and police certificate organized. Any insight into that?

 

Basically we're trying to avoid getting the medical done in Guangzhou as it'd add a couple of days we'd have to stay there plus the running around in an unfamiliar Chinese city with a 1 year old kid that's not all that keen on spending too much time in waiting rooms and taxis/buses.

You need the P4 invitation - which like Dan points out, comes in the email.

[MarineClimateLover]

From what I hear packet 4 the interview packet comes in the form of email if you provided that on your OF-169. All p4 forms are downloaded off of Guangzhou website.

 

P4 email is the invite letter.

 

I would get the police cert and birth cert now ASAP

 

My wife and I had a conversation about this and decided it'd probably be best if she went down to Wuhan and got those documents ASAP - like you've suggested. The big hang up is the medical which we'd like to have gotten in Beijing since we live literally just down the road from the certified hospital. It'd save some running around once we're in Guangzhou.

 

What's required to have the medical done? I was under the impression that a letter from the embassy had to be presented at the hospital in order to get the medical processed - but if we can just present forms that I can download and my wife can just go do the medical say, tomorrow, then that'd free us up for her to head to Wuhan get the birth certificate and police certificate organized. Any insight into that?

 

Basically we're trying to avoid getting the medical done in Guangzhou as it'd add a couple of days we'd have to stay there plus the running around in an unfamiliar Chinese city with a 1 year old kid that's not all that keen on spending too much time in waiting rooms and taxis/buses.

You need the P4 invitation - which like Dan points out, comes in the email.

 

Thanks, Randy. My wife and our son are heading down to Wuhan to get those squared away. To add another complication the process, before they left, we found out that our son, who received American citizenship, will need to jump through some hoops in order to legally leave China. Apparently he needs to process paperwork saying he renounces his Chinese citizenship or some such, and then an exit visa will be given him. But that's another problem for another day.

 

A question about the domicile issue (I guess it had to come up at some point). In the instructions for the I-864 there are three conditions that may allow you to meet the requirement. Condition C is our's:

 

"You intend in good faith to re-establish domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status"

 

The instructions go on to say that we need to provide proof documenting concrete steps we've taken to show that we're establishing domicile in the US.

 

Would a letter from my mother stating that we're going to live with her, pieces of mail I've had sent to my mother's house, and the fact I wrote her address on my tax returns be sufficient? I've also written a letter:

 

"I am writing this letter to attempt to provide proof of my intent to re-establish domicile in the United States as per the requirements of the I-864 form.

 

I currently live in Beijing with my wife and our child. My wife and I intend to move to the United States and live with my mother at her residence in Washington State. We intend to move there as soon as her immigrant visa is processed.

 

Enclosed are pieces of mail that I have received at my mother’s house indicating that my mailing address in the United States is my mother’s house. Also on my 1040 tax returns (photocopies are included with the I-864 form I completed) I have written my mother’s address as that is where I intend to live once we move back to the United States.

 

Also enclosed is a letter that my mother wrote attesting to the plans of my wife and I to live with her and the arrangements that she has made in order to accommodate us.

 

I hope that these letters, the pieces of mail, and the letter my mother provided are enough to prove my intent to re-establish domicile in the United States"

 

Would that satisfy the requirement or do we need something else?

Edited December 3, 2012 by MarineClimateLover (see edit history)

[MarineClimateLover]

A quick update to our situation - today we (wife and I) both received emails (one each to our separate email addresses provided on the forms) indicating our interview appointment will be on the 17th of January. If all goes well that day then it will have been almost 4 months to the day since we DCF'd in Beijing. That's a surprisingly fast turn around.

[Fu Lai]

A quick update to our situation - today we (wife and I) both received emails (one each to our separate email addresses provided on the forms) indicating our interview appointment will be on the 17th of January. If all goes well that day then it will have been almost 4 months to the day since we DCF'd in Beijing. That's a surprisingly fast turn around.

great news!