Questions Regarding I-130 Packet

[d_spalding]

Dear Candle for Love Community,

After several months of reading and learning from so many of you, my husband and I are ready to start the DCF process. We are excited and nervous, and thank you all in advance for all the invaluable help this site offers.

About us: We are a recently married same-sex couple (two guys) who have been together in Beijing for the last 8 years—cohabiting for the last six. We have been wanting to marry for some time but were waiting for the Supreme Court to give us their blessing. This summer, they did, so we tied the knot in the US. Like clockwork, I now have a job offer in the US (and a lead on a rental) and we feel we are ready to pull the trigger and DCF. Assembling the materials for the first step has raised some questions and I suspect this will be the first of several posts as we muck our way through the process. Hopefully others can also learn from our shared experiences. While I don't anticipate that being a same-sex couple will change our process, I'll post here if I find it does. Right now, the initial filing packet is looks like this (I have highlighted items in red that I'm unsure about):

I. USCIS Forms:

• I-130
• G-1145
• G-325A (husband’s)
• G-325A (mine)

II. Docs to prove my US citizenship:

• Copy of my current passport’s biodata page
• Copy of my prior passport’s biodata page (Since some of our previously leases and my residency permits are keyed to this passport number—should this be a concern? How best to avoid confusion?)
• Copy of my birth certificate (Is this needed if I have the passport copy? Does it need to be notarized? The original is in storage in the US)

III. Docs proving marriage bona fides:

 

• Copy of our marriage certificate
• Copy of “official” translations of our leases (2007 to present)
• Letter from friend attesting to our relationship (Do these letters need to be notarized?)
• Letter from relative attesting to our relationship
• Letter from relative attesting to our relationship
• Photos dating our relationship from 2005 to present (may include some travel docs, too, since we have many pics to trips to the US, Europe, Asia, etc. over the years)

IV. Docs to prove my residency in jurisdiction covered by Beijing American embassy to be eligible for direct filing:

• Copies of my Chinese residency permits (2005 to present)

V. Other documents

 

• Copy of hub’s passport biodata page
• Copy of notarized English translation of hub’s hukou
• 2 passport photos of me
• 2 passport photos of my husband

Also: For the scheduled appointment at the US Embassy in Beijing for filing all this, do we both have to be present?

I would appreciate it if any of you could weigh in about the items in red—and anything else we might be missing or doing wrong. I will keep everyone appraised of our process, from start to finish, as I suspect this is the first of many posts.

Thanks so much for your help,
D

[dnoblett]

II)

• Copy of US birth cert not needed if you provide copy of bio page from your US Passport, only one proof of US Citizenship needed.

III)

 

• "Affidavits Sworn to or affirmed" typically means notarized, US Based ones should be, it is quite easy to locate a notary public anywhere in the states, most banks have one or more on staff. China based ones would have to be done at a US Consulate for a fee so I have seen those accepted without notarization if the consulate is a distance from the person doing the affidavit.

V)

• (Copy of notarized English translation of hub’s hukou) (Not needed for petition filing) It will be used later to get a birth cert which will be needed for the visa interview.

[dan1984]

Good luck, please keep us updated!

[Randy W]

The other two same-sex couples that we've seen here haven't reported any differences due to the same-sex aspect. I expect that to be the case, since, although a same-sex marriage is not recognized in China, as far as the Chinese authorities are concerned, it's simply an individual emigrating to the U.S. Welcome to CFL and Best of Luck!

Andelu did report, though, that when he applied for his China residence permit at the PSB, he was required to check the 'single' box, instead of 'married'.

[Andelu]

D - The forum was a great resource for us and it sounds like you have been doing your research as well and are prepared. The only two things I have to add is my husband accompanied me to Guangzhou but wasn't allowed in with me when i filed my I-130 back in August. On the Guangzhou Consulate's website it says: The beneficiary’s presence is not required, although it may be helpful if additional information should be needed. This is obviously not the case as he couldn't enter the Consulate and as both of us left our phones in the car it would have been impossible to call him to "join me".

 

As for the notarized documents, I am sure there must be an American in Beijing who can notarize documents without going to the Consulate. There are several Americans in Shenzhen who are happy to do so for a small fee or a beer so it doesn't require a trip to the Hong Kong or Guangzhou US Consulates. We submitted several affidavits attesting to our relationship, 2 notarized by American lawyer in Shenzhen and 2 by a notary back in the States.

 

Start preparing all the other documents needed for the I-864 and at your husband's interview as they will be required before you know it...

 

 

Good Luck.

[Randy W]

D - The forum was a great resource for us and it sounds like you have been doing your research as well and are prepared. The only two things I have to add is my husband accompanied me to Guangzhou but wasn't allowed in with me when i filed my I-130 back in August. On the Guangzhou Consulate's website it says: The beneficiary’s presence is not required, although it may be helpful if additional information should be needed. This is obviously not the case as he couldn't enter the Consulate and as both of us left our phones in the car it would have been impossible to call him to "join me".

 

As for the notarized documents, I am sure there must be an American in Beijing who can notarize documents without going to the Consulate. There are several Americans in Shenzhen who are happy to do so for a small fee or a beer so it doesn't require a trip to the Hong Kong or Guangzhou US Consulates. We submitted several affidavits attesting to our relationship, 2 notarized by American lawyer in Shenzhen and 2 by a notary back in the States.

 

Start preparing all the other documents needed for the I-826 and at your husband's interview as they will be required before you know it...

 

 

Good Luck.

 

The guards often don't know what's what when admitting people - you can insist that they be allowed in. Sometimes calling for an American supervisor will help. One K-2 visa was even denied (but the denial overturned the same day) because the parent's "weren't present" - the Chinese guards had denied them admission.

 

The Consulate's notaries are the only recognized legal notaries in China - however, notarization is not necessary for the relationship affidavits, so the notarization you got in China was a plus.

 

http://www.chinalawblog.com/2011/04/notarizing_us_documents_in_china.html

[Andelu]

 

The Consulate's notaries are the only recognized legal notaries in China - however, notarization is not necessary for the relationship affidavits, so the notarization you got in China was a plus.

 

http://www.chinalawblog.com/2011/04/notarizing_us_documents_in_china.html

 

Dan Harris has a fine law blog but nowhere in the post you reference does it say that the Consulate's notaries are the only recognized legal notaries in China. In fact, any American Notary Public can notarize a document - hence Dan's comment in jest that it makes "no sense for someone in China needing a United States notarization to fly to the United States to get that." Most anyone can apply and become a notary and most certainly there are alternatives to going to the US Consulate to have a document notarized for use in the US or by the US Government. American Lawyers admitted to the bar, in most states I believe, are automatically civil-law notaries and also able to notarize documents.

 

Most affidavits are required to be witnessed (by a notary for examle) to be valid. I would not presume that some type of affidavits do not require notarization or an attestation of the authenticity of the affiant's signature.

Edited November 22, 2013 by Andelu (see edit history)

[Randy W]

 

 

The Consulate's notaries are the only recognized legal notaries in China - however, notarization is not necessary for the relationship affidavits, so the notarization you got in China was a plus.

 

http://www.chinalawblog.com/2011/04/notarizing_us_documents_in_china.html

 

Dan Harris has a fine law blog but nowhere in the post you reference does it say that the Consulate's notaries are the only recognized legal notaries in China. In fact, any American Notary Public can notarize a document - hence Dan's comment in jest that it makes "no sense for someone in China needing a United States notarization to fly to the United States to get that." Most anyone can apply and become a notary and most certainly there are alternatives to going to the US Consulate to have a document notarized for use in the US or by the US Government. American Lawyers admitted to the bar, in most states I believe, are automatically civil-law notaries and also able to notarize documents.

 

Most affidavits are required to be witnessed (by a notary for examle) to be valid. I would not presume that some type of affidavits do not require notarization or an attestation of the authenticity of the affiant's signature.

 

 

 

What he points out is that the alternative (to flying to the United States) is to go to the Consulate.

 

Notaries are commissioned by an individual state. According to this (from the American Society of Notaries), they're not even allowed to operate outside of the state of their commission.

 

http://www.asnnotary.org/?form=jurisdictionissues

 

Most notaries understand that they may perform notarial acts only within the geographic boundaries of their commissioning state. Some notaries, however, get confused about their jurisdictional limits for a variety of reasons.

One misperception we address regularly is the thought that a notary commissioned in state “A” may notarize while geographically located in state “B,” so long as the document is for use in state “A.” The problem here is that the notary does not hold a notarial commission from state “B,” therefore he/she is not authorized to notarize there regardless where the document is to be used.

 

. . .

 

There are no workarounds to get around the limits of jurisdictional authority.

 

Dan Harris is a lawyer - I expect he means what he says.

[Randy W]

 

 

Most affidavits are required to be witnessed (by a notary for examle) to be valid. I would not presume that some type of affidavits do not require notarization or an attestation of the authenticity of the affiant's signature.

 

 

We can disagree on this - plenty of people HAVE submitted relationship affidavits which were NOT notarized.

[Randy W]

From the Dept. of State - http://travel.state.gov/law/judicial/judicial_2086.html

 

HOW DO YOU GET A DOCUMENT NOTARIZED OVERSEAS? Consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions of a notary public in the United States. It is also possible to have a document notarized by a local foreign notary and then have the document authenticated by the appropriate foreign authority in a country party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (which includes notarial documents).

 

The "white booklets" are, of course, also a format which is accepted for use in the United States for birth and marital documents.

[d_spalding]

Thank so much for all these helpful answers—and do expect more questions!

 

Based on the feedback here, we're going to proceed as follows: Two family members in the US are writing letters and though I gather it's not absolutely necessary, I'm going to ask them to have their statements notarized prior to sending. A long-time friend now living in Hong Kong will provide the third letter, which will not be notarized. Please agree to disagree.

 

I think I will try to bring hubz with me to the Beijing Embassy to file the I-130 paperwork. Wondering: Should I expect any additional questions / formalities at the time of filing, or will someone at a window simply look through the packet and take my money?

 

Andelu: Good advice to start preparing the rest of the paperwork now. My partner already went to his hometown and got all his stuff in late July, but the I-864 is no joke! Which reminds me:

 

Are those no-police-record certificates only good for a certain amount of time? Hubz and I were talking about this last night. We hope we can use the late-July police certificates from his hometown (he has not lived there in a decade) and get the certificates from the Beijing authorities now.

 

Cheers,
David

Edited November 23, 2013 by d_spalding (see edit history)

[Randy W]

Yes - even without the notarization, the relationship affidavits are acceptable as relationship evidence.

 

They may check your package for completeness. Their main concern, though, is that you qualify for DCF on 'residence' - which they either accept or not on the spot.

 

Any police certificate covers ALL of China, so it the Beijing authorities provide one, it will be good enough. Otherwise, you WILL need to travel to his home town - but you may wish to wait until it's closer to the interview time.

[d_spalding]

Okay…here we go. Just hit snag no. 1 of many more to come!

 

Went to have our leases translated at Beijing Shi Fang Yuan Gong Zheng Zhu (北京市方圆公正住）and they told us that they don't translate leases. Instead, if we provide some additional documentation and bring our landlady, they can produce a notarized bilingual statement verifying our shared address. So now we are a bit confused…In short:

 

1. With the leases: do we need to get them translated or do we need the notarized statement from the 公正住.

2. If it's a matter of getting the leases translated, is there somewhere special in Beijing that can produce the "official" translation?

3. Can I just translate them myself?

4. Does the translator have to sign an affidavit swearing to the accuracy of the translation? (I ask b/c I saw a template for this on another immigration site.)

 

Surely many of you here have had leases translated. Please advise.

And thanks for all your comments above. CNH (Chinese National Hubz) already went to his hometown to get several docs in late July, including the certificates).

 

Cheers,
david

Edited November 25, 2013 by d_spalding (see edit history)

[Randy W]

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. This format is issued by the Gong Zheng Chu for birth certificates, marital documents, and police certificates. These are the only official documents required to be in this format. All others can be submitted with an informal translation, or even untranslated, if translation is not feasible.

Sample letter of attestation (for a non-professional translation of a non-required document (such as a relationship letter):

Telephone:

E-mail:

Qualifications of the translator:


I, hereby, attest that to the best of my knowledge and ability, the translation of the consent and/or other relevant document(s) from [specify language] to English for the attached document is complete and accurate.

__________________________________
Signature of Translator


_____________________________
Date of Translation

 

 

The best practice to follow is to simply do whatever you reasonably can.

[d_spalding]

Thank you, Randy and everyone. The advice and the template text for the translator are hugely helpful.

I can't believe I took our leases to the 公正住 — I should have asked here first.

One step closer to filing the I-130 paperwork!

Cheers,
David