Obtaining Birth Certificate

[leichadak]

They're refusing to issue one at all until a DNA test is done, which her mom refuses to do.

 

I'm thinking the only thing we have left to do is to take her father and another witness to get an American notarized statement saying that he is her father and that her mother is her mother, similar to the affidavit at the bottom of this post, and include that in our application. I really don't know what else to do. I've asked so many friends, friends of friends, and people who know people, and it seems there's nothing else to do.

 

Does anyone have any final suggestions?

 

Where can I get documents notarized from an American notary? Do I need to make a reservation? Is there an informational phone number I can call? Is just using her father's testimony enough, or should she find someone else too?

 

Thanks

 

 

 

A sample affidavit (by Applicant's mother)

AFFIDAVIT

I, (mother's) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:

I was born in place of birth, State, Country on Date Of Birth.

I am married to (spouse) last name first name on date (of their marriage).

I am the mother of (your) last name first name and (your father's) last name first name is his/her father.

(Your) last (family)name first (given) name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, province, Country.

Signature:

Date:

N O T A R Y

Edited September 20, 2013 by leichadak (see edit history)

[Randy W]

I find it VERY hard to believe that they wouldn't issue one at all. Can't you simply claim that the mother is unknown? What happens if she fails the DNA test (always possible)?

 

But yes, if this is the best you can do, it's the best you can do. Just be sure to document everything you've tried, and include that with the statement.

 

American notarization can only be obtained at one of the consulates - you will probably need to make an appointment through the American Citizens' Services. American Citizen Services is also available to Chinese citizens, so this should not be a problem (except for getting them to the consulate). I suggest making the appointment in your wife's name - this may help in getting her past the Chinese guards. Just explain your business, and insist that you be allowed in.

 

The consulate may contact her Gong Zheng Chu about the certificate. This is no big deal, but may cause a short delay.

[leichadak]

I asked her what if her mom was unknown or the dna test failed, she said that they just wouldn't issue one at all in that case.

 

By document everything I've tried, so far I've told her to:

1) Go back to the Gong Zheng Chu and try to get a letter from them stating that it must be necessary to get the DNA test.

2). Had her write her own letter of everything she has tried, and include that in our application. The letter is in Chinese, so I will translate it into English.

3). Ask her to go with her dad to the embassy in Guangzhou to get an American notarization of an affidavit stating she is who she claims she is. (Chinese and/or English?.... dad does not speak English)

 

Next question I have is, as I would like her to have one more person vouch for her parents' existence... I think she should ask a neighbor who has known her family for a long time to write an affidavit to prove that my fiancee is who she says she is. The problem is that she lives far away from Guangzhou, and I was wondering if it would be sufficient to just take her letter to a Gong Zheng Chu and get it translated into English there. Would that hold any weight in the consulate?

[Randy W]

I asked her what if her mom was unknown or the dna test failed, she said that they just wouldn't issue one at all in that case.

 

By document everything I've tried, so far I've told her to:

1) Go back to the Gong Zheng Chu and try to get a letter from them stating that it must be necessary to get the DNA test.

2). Had her write her own letter of everything she has tried, and include that in our application. The letter is in Chinese, so I will translate it into English.

3). Ask her to go with her dad to the embassy in Guangzhou to get an American notarization of an affidavit stating she is who she claims she is. (Chinese and/or English?.... dad does not speak English)

 

Next question I have is, as I would like her to have one more person vouch for her parents' existence... I think she should ask a neighbor who has known her family for a long time to write an affidavit to prove that my fiancee is who she says she is. The problem is that she lives far away from Guangzhou, and I was wondering if it would be sufficient to just take her letter to a Gong Zheng Chu and get it translated into English there. Would that hold any weight in the consulate?

 

1) no - the consulate will contact them themselves if need be

3) Why would her dad need to go?

 

Are you trying to document her birth, or who her parents are? If her parents have not been acknowledged in any legal sense before now, why would they need to all of a sudden come out of the woodwork now?

 

I keep coming back to the fact that the parents seem to be central to this whole thing, rather than her. Many people have parents who DON'T exist - either through death, or abandonment. Why are they necessary to this if they basically are not willing to acknowledge their daughter in any legal sense? It seems like a very real possibility that they may not even be her actual parents. You may be trying to unearth a few skeletons in someone's closet.

 

The Chinese government has acknowledged her existence at least to the point of issuing a hukou and a Chinese ID. I find it VERY difficult to believe that they won't acknowledge her birth.

 

Has she tried going to a different Gong Zheng Chu?

 

If she truly cannot get a birth certificate, all you need is a statement to that effect, along with a separate statement of the facts of her birth AS THEY ARE ALREADY KNOWN to her.

[leichadak]

So she went to the American consulate to get a notarization with her father, and was refused with the reason being 'you can't ask another country to verify who are your parents'. I suppose that makes sense and neither of us really thought about that before trying.

 

Practically everyone we've asked about the birth certificate issue in China has said the same thing to my fiancee... that they cannot issue one until the DNA test is done. So we've sorta been tinkering with the idea that since her mother refuses to do the DNA test, would it be reasonable to say that it's within my fiancee's right request a DNA test, especially since it's hampering her future plans? Is there anything that can be done from a legal standpoint?

[Randy W]

So she went to the American consulate to get a notarization with her father, and was refused with the reason being 'you can't ask another country to verify who are your parents'. I suppose that makes sense and neither of us really thought about that before trying.

 

Practically everyone we've asked about the birth certificate issue in China has said the same thing to my fiancee... that they cannot issue one until the DNA test is done. So we've sorta been tinkering with the idea that since her mother refuses to do the DNA test, would it be reasonable to say that it's within my fiancee's right request a DNA test, especially since it's hampering her future plans? Is there anything that can be done from a legal standpoint?

 

 

Why are you doing this ?????

 

Why would you not simply take what you ALREADY HAVE, get the visa, and THEN worry about who her parents are?

 

If you truly cannot get a birth certificate, write a statement to that effect (along with her known birth details) and have THAT notarized.

 

What is SO important about the parents, who have never before legally acknowledged their daughter ??

[Randy W]

What I'm saying here is that your wife's ALREADY EXISTING documentation is good enough for the Chinese - they issued her a Chinese ID and a hukou book. The Consulate's JOB is to recognize and accept the Chinese documentation for what it is, NOT to place additional demands on the authorities.

 

Submit what you have - if the Consulate needs additional information, they will either tell you or get it themselves. Let them decide whether to issue the visa. You seem to be intent on rejecting it before you even submit your application.