Affidavit of Single Status

[djwalker60]

Greetings;

 

I should know the answer to this, but I've been informed differently. From My experience when you are getting married in China you are of course required two documents:

1. Notarized Copied of your "Affidavit of Single Status" that has been verified by both the state you reside in and also the Chinese Consulate residing over your state.
2. Notarized copied of your Divorce Decree (if applicable) which also has been verified by both state you reside in and the Chinese consulate having jurisdiction over your state.

Finally all of this leads up to this question:

 

• If You are getting married in the Beijing area, is the Affidavit of Single Status needing to be translated into Chinese? I've been told by the future Mrs. that is does, But From eons past it was not required in Guangzhou.

Can anyone shed some light on this ?

 

Thanks

Dan

[dnoblett]

An easier way to handle this instead of running around to get a affidavit from Secretary of your home state, and then getting it certified by the Chinese Consulate, you can simply visit the US Embassy in Beijing and get an affidavit there. And according to US Embassy Beijing, it looks like the Chinese Authorities have no problems with Divorce Certs that are in English.

• An "affidavit of marriageability." You can get this document at the Embassy by swearing or affirming before a Consul that you are legally free to marry. You must make an appointment to get this affidavit and there is a $50 charge.
• If either party was previously married, bring a clear photocopy of either the divorce or annulment decree or the death certificate which shows how the marriage ended. If you present an original certified copy with the copy for their review, the Chinese authorities will usually accept the copy. Hold on to your original documents, since they will be required when you file an immigrant visa petition for your spouse.

http://beijing.usembassy-china.org.cn/acs_married.html

 

MORE: http://candleforlove.com/forums/tags/forums/Single%2BStatus/

[Randy W]

The Chinese consulate in the U.S. will verify the Secretary of State's signature, and the purpose of the document. A holographic seal with the explanation in Chinese will be affixed to the back of the document.

 

The Secretary of State certification is affixed with only a staple - be sure to not separate the staple.

 

Authentication of documents for use in China - http://www.china-embassy.org/eng/hzqz/gzrz/t84255.htm

 

Chinese Embassy in Washington, D.C. - Marriage Registration in China (includes a sample single affidavit)

this is from the Houston consulate - http://houston.china...age/jh.htm#aoss

But Visa Express gives this example - http://www.visaexpre...inglestatus.htm

Your choice

The required documents may be certified in China by taking them to a consulate/Embassy. The documents may be ready in time to get married (register) that same day. In the states, it must be notarized then sent to your state's department of state for notarization...then sent to the Chinese consulate

Foreign-Related Marriage And Divorce In China

You can get it done by mail in the U.S. with a couple of mailings and a couple of weeks, or you can get it done in one day at the U.S. consulate in China - your choice. Different people have done it both ways - they both work.

Either way - the Chinese consulate in the U.S. or the American consulate in China will know what is required for the Chinese marriage registration. No further translation is needed.

[Beachey]

 

Finally all of this leads up to this question:

 

• If You are getting married in the Beijing area, is the Affidavit of Single Status needing to be translated into Chinese? I've been told by the future Mrs. that is does, But From eons past it was not required in Guangzhou.

Can anyone shed some light on this ?

 

 

I can give you my experience with this:

 

I went to the US consulate in Shenyang and got my Affidavit of Single Status. I then went and had it translated into Chinese by a Expat Service contracted from my company.

 

We then went to the International Marriage Bureau in Shenyang where they told me that they needed an official translation and not the one I had which best I could tell was they put their stamp on the translation. The real reason is they charged me something like 200 RMB to do the translation and whose pocket the money ends up in?. It might have been more, it has been a few years now.

 

At the end of the day it cost me something like 1500 RMB to get married at the International Marriage Bureau in Shenyang because we had to get married there because I was a foreigner. Six months later, a friend got married at a local office in Dalian (where we all lived) for something like 6 RMB.

 

The lesson is your experience is going to depend on who you ask and how honest the local government official is.

 

So I would get the English version, have you fiance ask wherever you are going to get married what the requirements are and fulfill those requirements. Honestly, spending ~$200 to get married did not really bother me but you might be in a different financial situation.

[djwalker60]

I'll have her call the marriage bureau where she and I will go. I've asked her twice now and from my experience asking a chinese woman too many times one question tends to piss them off. At any rate, I will ask her to call one more time. I still feel that if these agencies are setup to marry Chinese Nationals and Foreigners you would think that the translation is not necessary. But then again; look at our government. If it is not translated or certified and notarized, it is not legal.

 

I did it the long way; did the affidavit of single status locally. Got it notarized, drove down to the state agency who verifies the notary. Then I sent it off to the Consulate in San Francisco, 7 days later got it back with there fancy seal on the back of the document. Still In English though.

 

I appreciate the responses and I think no need but they say "a happy wife is a happy life" I'll do what is necessary

 

Regards

Dan

[KevinNelson]

I just got I just got back a note from the San Francisco consolate office, about the notarized documents. They rejected the documents and check on a list "There is neither a notary seal on the junction of the notary page and the original document(s) nor an embossing notary seal stamped through all the pages."

I went back to the notary public to discuss the problem. Basically, since their document "Affidavit Of As A Single Person" contains neither United States nor State of California notary verbiage, it is illegal for the notary public to put a notary seal on that document. That notary public has been doing that work within a bank for over 20 years. Furthermore, she directly called the State of California office of the Secretary of State, in my presence, to verify that fact. (I had the documents already approved from the Cailfornia Secretary of State's office.)

Essentially, for the notary public to do what is asked in Chinese consolate's "Mail Application Documents Return Note" would violate American law.

I must have this settled as soon as possible. What should I do?

[dnoblett]

Get it done at a US Consulate in China, this tends to be the easiest route for many.

 

Can always plan your flight to allow a 1 day layover in Guangzhou, Shanghai, or Beijing and get the single status cert at the US Consulate.

 

http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

[KevinNelson]

If I have to get it done at the U.S. Consolate in Beijing, then what things will I need to consider? I have already spent over $50 here in the State of California for documents... I'll be in Xi'an. Then I'll have to travel to Beijing for this... I'll be getting married to a lady in Xi'an, where I will then be teaching. I'll need to do a special trip to Beijing to take care of this issue. Is there same-day service? Can it all be done with a one-night stay?

[dnoblett]

If I have to get it done at the U.S. Consolate in Beijing, then what things will I need to consider? I have already spent over $50 here in the State of California for documents... I'll be in Xi'an. Then I'll have to travel to Beijing for this... I'll be getting married to a lady in Xi'an, where I will then be teaching. I'll need to do a special trip to Beijing to take care of this issue. Is there same-day service? Can it all be done with a one-night stay?

From what I understand they do it same day, it is a matter of a sworn statement that you swear under oath that you are single, and they sign off on the statement.

 

Procedure explained here. http://beijing.usembassy-china.org.cn/acs_married.html

[tsap seui]

I did the paperwork at the Shenyang consulate and it was very easy and quick. Took a couple of hours tops. We got my paperwork and went to the marriage bureau, in Shenyang, the same day. At that time (2009)the Shenyang marriage bureau, and some of the other marriage bureaus in various cities in CHina, as I recall, wouldn't even take the AOSS if it was done in America.

 

I had my divorce papers with me and they never even looked at them....just had me hold up my right hand, swear to tell the truth at being single, and they gave me the paper. I can't remember how much the paper with their seal on it cost.

 

You won't have any problem with this, and yes, only one night is all you need to spend in Beijing...or, get an early appointment set up at the consulate, get the paper, and split the same day. No need to hang around Beijing.

 

tsap seui

[Randy W]

I just got I just got back a note from the San Francisco consolate office, about the notarized documents. They rejected the documents and check on a list "There is neither a notary seal on the junction of the notary page and the original document(s) nor an embossing notary seal stamped through all the pages."

 

I went back to the notary public to discuss the problem. Basically, since their document "Affidavit Of As A Single Person" contains neither United States nor State of California notary verbiage, it is illegal for the notary public to put a notary seal on that document. That notary public has been doing that work within a bank for over 20 years. Furthermore, she directly called the State of California office of the Secretary of State, in my presence, to verify that fact. (I had the documents already approved from the Cailfornia Secretary of State's office.)

 

Essentially, for the notary public to do what is asked in Chinese consolate's "Mail Application Documents Return Note" would violate American law.

 

I must have this settled as soon as possible. What should I do?

 

 

The San Francisco consulate's page on document authentication - http://www.chinaconsulatesf.org/eng/lszj/rz/t42742.htm

 

For multiple page documents, the only requirement mentioned is that the document be bound securely.

 

It's unclear from what you're saying what exactly transpired, but the consulate is supposed to be familiar with the notarization procedures performed in the states under its jurisdiction.

 

I. Application Requirements

A document to be authenticated should meet the following requirements:

1. The document should have been authenticated by the Secretary of the State.

2. The document is truthful, legal and without contents of obvious violation of the Chinese law or potential threats to China's national or public interests.

3. A document with more than two pages must be properly bound as a volume to avoid any substitution. Sealing wax, paging seal or steel seal should be applied to ensure the integrity of the documents.

II. Authentication Process

Step 1.

The document needs to be certified by a local notary public, or a certified copy should be issued by the competent authorities before consular authentication.

Step 2.

The document needs to be certified by the Secretary of the State of a U.S. state government in which the document is executed. (Some states require that the document should be certified by the County Clerk first.)

Step 3.

Applicants must apply for authentication at the Chinese Consulate General of the consular district where the document is certified. The consular district of the Chinese Consulate General in San Francisco covers: Northern California, Alaska, Nevada, Oregon, and Washington. Only documents certified by the Secretaries of State Office of the above listed 5 states (click here for their contact Information) can be certified by the Chinese Consulate General in San Francisco.

 

 

 

It's your choice, of course, whether following through on this procedure or going to a US consulate in China would be preferable.

 

The San Francisco consulate also has this page about Marriage Registration in China, which may be helpful

[KevinNelson]

I followed everything they said I had to do. I was told explicitly by the notary public that what the check form they sent back wanted done was illegal. The notary public called the State of California Secretary of State's noterization office. They confirmed what the notary public stated.

 

The Affidavit As Of A Single Person, as designed by the PRC, does not allow for notary stamps to be legally affixed up it. It lacks the language required by California law for the stamp. Thus, the notary public attached an appropriate second page, noted the name and information of the relevant affidavit, witnessed my signing the affidavit, had me swear as to the athentication of the information therein, then sealed the appropriate second page and attached it. I then sent the documents to the Secretary of State of California for apostille/certification of the notary public. The resulting three pages of documents would be acceptable in most courts throughout the world, and most definitely within California and the United States.

 

I am trying to contact the Chinese embassy in San Francisco directly. But all I get is phone menus. I can speak somewhat fluent Mandarin, but that doesn't help the matter one bit.

[KevinNelson]

 

It's unclear from what you're saying what exactly transpired, but the consulate is supposed to be familiar with the notarization procedures performed in the states under its jurisdiction.

 

The same letter also stated that the $25 cashiers check was not enough. The amount they said I needed was $30, which is the amount required if expediting the process. Assuming the web pages are up-to-date, the person there at the embassy in San Francisco doesn't know what he/she is doing.

 

Does anybody have phone numbers outside of the two provided on the SF website? (415-852-5900 or 415-852-5941) Those phone numbers are worthless circles of options that do not get me in contact with anybody.

[Randy W]

 

 

It's unclear from what you're saying what exactly transpired, but the consulate is supposed to be familiar with the notarization procedures performed in the states under its jurisdiction.

 

The same letter also stated that the $25 cashiers check was not enough. The amount they said I needed was $30, which is the amount required if expediting the process. Assuming the web pages are up-to-date, the person there at the embassy in San Francisco doesn't know what he/she is doing.

 

Does anybody have phone numbers outside of the two provided on the SF website? (415-852-5900 or 415-852-5941) Those phone numbers are worthless circles of options that do not get me in contact with anybody.

 

 

Yes, it sounds like that's exactly what the problem is. Unfortunately, that doesn't seem to leave you with any options, unless you can work it out at the consulate, or go ahead and have it done at the American consulate in China.

 

The whole function of the consulate here is to RECOGNIZE and authenticate the American standard of issuing legal documents - it seems like they are expecting it to be adapted to a Chinese standard. I can't see how they would claim that a document authenticated by the Secretary of State is NOT authentic.

[Beachey]

When I just had this done in Arizona, they affixed a separate apostile page to my notarized document. The stamp I got from the LA Consulate was then affixed to the apostile page. My understanding is the apostile certifies that the notary is authorized by the state and the consulate certifies the apostile establishing a chain of legitimacy. The Chinese consulate to the best of my knowledge does not establish the legality of the document or suitability for any purpose but just that it was properly notarized. My wife ended up getting the documents then translated in China. This was for an apartment however, not a certificate of singleness.

Edited July 31, 2014 by Beachey (see edit history)