A few naive questions with evasive answers

[jwdoetsch]

Howdy,

Please note, I am doing DCF in Guangzhou. I feel bad posting a thread every day, but I honestly don't know what to do when my searched turn up nothing or conflicting answers for some specific questions. But please know that I've been researching these questions for over a day and am still coming up short on answers. They're pretty brief questions, so here it goes:

• The Guangzhou Consulate website says to also bring the beneficiary's passport when filing the I-130, or if you don't have it you should bring the birth certificate. Is this true in practice? By beneficiary doesn't have a passport yet, but will have one before the interview...
  

  • Original passports for both the petitioner and beneficiary (if available) as well as copies of the biographic page of each passport.
  • If the beneficiary does not have a passport, please bring his or her original birth certificate () as well as a notarial copy ().

• My father will need to cosponsor the beneficiary. I have a few questions regarding this:
  • My father also lives with my mother in the household, but my mother doesn't provide any income. Is it necessary for my mother to fill out an I-864A?
  • It's okay to have a co-sponsor when filing DCF, right?
  • My father isn't going to be asked to be present at the time of filing nor interviewed, right?
  • The household size would be 4 on both my father's and I's I-864, right? We intend to live in my parent's home (my father, mother, myself, my wife).
• I'm concerned that my girlfriend's hukou city (Changyuan, Henan which is near Xinxiang and I guess technically "belongs" to Xinxiang) isn't going to have a clue with regards to translating the necessary documents. I've read that the translations need to be done at, at least, a city-level notary. Changyuan is like a county. We are going to need to go to the designated notary in Zhengzhou to get our marriage certificate(s) translated, could this office also translate the rest of the documents we get from her Hukou city?
• I've heard from some Chinese friends that they received two marriage booklets and that is their marriage license. Exactly, what document(s) is/are received after registration of the marriage?
• Finally, I've read the filing guide on the Guangzhou embassy website and also the FAQ that states:

  •  

    Q: Am I required to present information or documents regarding the issues of domicile, affidavits of support and/or medical examinations when filing my I-130 petition with the Guangzhou Field Office?
    
    No, information and/or documents regarding domicile, affidavits of support and medical examinations are not required for the Guangzhou Field Office to process your I-130 petition. There are, however, issues that the Department of State will address in determining your family member’s eligibility for an immigrant visa. For further information, please visit the Department of State visa website.

  • I've read a bunch of reports of people's experiences submitting their I-130 petition and they included a bunch of evidence with it. So, in practice, is it necessary and/or helpful to submit as much evidence as you can at the time of petition filing?

 

Thanks a ton, guys...

 

All the best,

Jake

[Randy W]

1. Seems obvious what it says - you may be able to get away with not complying, but why would you want to try?

If the beneficiary does not have a passport, please bring his or her original birth certificate () as well as a notarial copy ().

The only conclusion I see here is that you don't need to rush-order a passport for her - just have the notarial copy of her birth certificate. Chinese citizens born since 1991 MAY have an original birth certificate, otherwise, no.

 

2. You may wish to provide evidence of an active job search, interviews, and, hopefully, an actual job offer AT THE TIME OF THE INTERVIEW.

 

3. ALL hukou offices issue documents for "overseas use". You won't have any trouble getting the documents you NEED from them, although OTHER translations (such as relationship letters, etc.) may be beyond their capability.

 

3. and 4. Chinese Notarial Documents - see DOS China Reciprocity Schedule

NOTE:Try http://travel.state..../fees_3272.html or go to http://travel.state.gov/ and search for "Reciprocity by Country" (they seem to change this periodically)

Most of 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.

Note that police records and single certificates are valid for one year from the date of notarization. Others are valid indefinitely.

Marriage certification for I-130 or K-3 must be in the same format. - you won't need your red books for the visa process.

If ANY document is unobtainable, you should submit a statement of WHY it is unobtainable, and what effort you made to obtain it.

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

 

 

 

5. Front-loading of supportive evidence by including it your original I-130 petition package is a good way to ensure that the Visa Officer will have that evidence in hand on the DAY OF THE INTERVIEW, even where that evidence is not required for the I-130 petition.

[jwdoetsch]

Thanks Randy.

 

I complete an I-864 and my co-sponsor completes an I-864A, correct? Everybody on forums mentions that the co-sponsor completes an I-864 but I can only assume they're wrong and that the co-sponsor should actually complete the I-864A according to the I-864A filing instructions:

 

Form I-864A, Contract Between Sponsor and Household
Member, is an attachment to Form I-864, Affidavit of Support
Under Section 213A of the Immigration and Nationality Act.
It is an optional form, completed and signed by two
individuals: a sponsor who is completing Form I-864, and a
household member who is promising to make his or her
income and/or assets available to the sponsor to help support
the sponsored immigrant(s). The combined signing of this
form constitutes an agreement that the household member is
responsible along with the sponsor for the support of the
individual(s) named in this form.

http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

 

Any idea if the the spouse of the co-sponsor need to also file an I-864A? I think they file jointly on their taxes, but I don't know for certain. I can't find any answers to this, but have found some posts eluding to it...

[Randy W]

Best advice about the required documents (birth, divorce, and/or single certificate, marriage certificate, and police records) is that they are issued by the Notarial Office to INTERNATIONAL STANDARDS - and not to any specifications from either you or the consulate. The Consulate knows this, and will be EXPECTING this (the white book) format.

 

Your co-sponsor will file their own I-864. The use of the phrase "household member" here is a little murky - basically, YOU are not considered a "household member" in the determination of which forms to fill out (don't combine your income with his at this stage), although HE will have 2 additional NEW household members to support, after she arrives.

 

His wife can fill out an I-864A if she has separate income to include, but I don't think that it's necessary.

 

My own advice is to provide, separate from the I-864, evidence of your own INDEPENDENT ability to provide for her support, whether evidence of your earnings capacity, an active job search, etc. the Consulate is REQUIRED BY LAW to look at the overall picture, and NOT simply the numbers on the I-864's.

[jwdoetsch]

With regards to the birth certificate

http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-guangzhou-field-office states the beneficiary's passport AND birth certificate must be filed

 

 

To file Form I-130 with USCIS Guangzhou:

• Complete the entire Form I-130. The petitioner must sign the form.
• Submit originals of the following:
  • Registered marriage certificate for both the petitioner and beneficiary,
  • Proof of U.S. citizenship of petitioner,
  • Proof of termination of any prievious marriage(s) for both the petitioner and beneficiary,
  • Photographs - one passport-sized photo, attached with completed and signed Form G-325A (Biographic Information) for both the petitioner and beneficiary,
  • Birth certificate of the beneficiary. (If the original birth certificate is not available, you must obtain a certification letter, on formal letterhead, from your local Public Security Bureau reporting the beneficiary's name, both parents' names, date and place of birth, and registration of birth.),
  • Copies of the biographic page of valid passports for both the petitioner and beneficiary,
• The petitioner must bring copies and originals when filing. We will return the originals to the petitioner after certifications of the copies are completed. All documents not written in the English language must be accompanied by certified English translations.
• After the petition has been approved, it will be sent to the Immigrant Visa Unit. You will need to contact the Immigrant Visa Unit for further questions on scheduling appointments, issuance of visas, etc.

 

While http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html states its either the passport OR birth certificate that gets filed initially...

 

 

Required Documents

To obtain a copy of Form I-130 as well as filing instructions, please click here. Please see pages 2-4 of the I-130 instructions for a full list of documents to submit with your Form I-130. In addition to the documents listed in the I-130 instructions, please bring the following when coming to our office to file your petition:

If married in China, please bring the original marriage certificate (结婚证) as well as a notarial copy (结婚公证书).
Original passports for both the petitioner and beneficiary (if available) as well as copies of the biographic page of each passport.
If the beneficiary does not have a passport, please bring his or her original birth certificate (出生证) as well as a notarial copy (出生公证书).
Evidence of the petitioner’s residence in China. This may include:

A Residence Permit for Foreigner in the People’s Republic of China (居住许可).
A Chinese visa (签证) in the categories of D, J1, Q1, S1, X1 or Z.
Please note that U.S. citizens whose principal residence is not China and/or are abroad for a short-term visit as a tourist or on business must file their I-130 petition with the Chicago Lockbox. For example, temporary travelers under L, M or F Chinese visas will generally not qualify for direct filing with the Guangzhou Field Office.

In addition to submitting the above documents, please be sure to answer each question on the Form I-130 as well as have the petitioner (not the beneficiary) sign and date Part E of the Form I-130. Following these steps will enable us to complete the processing of your case in the most expeditious manner.

 

Which is to be believed? I've emailed the USCIS Guangzhou field office about this and will post my findings if I receive a reply.

[dnoblett]

Make photo copies of all documents to attach to the i-130 petition, bring the originals to show, however they will be fine with the photo copies.

 

From USCIS

 

USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

 

http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

[Randy W]

With regards to the birth certificate

http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-guangzhou-field-office states the beneficiary's passport AND birth certificate must be filed

 

 

To file Form I-130 with USCIS Guangzhou:

• Complete the entire Form I-130. The petitioner must sign the form.
• Submit originals of the following:
  • Registered marriage certificate for both the petitioner and beneficiary,
  • Proof of U.S. citizenship of petitioner,
  • Proof of termination of any prievious marriage(s) for both the petitioner and beneficiary,
  • Photographs - one passport-sized photo, attached with completed and signed Form G-325A (Biographic Information) for both the petitioner and beneficiary,
  • Birth certificate of the beneficiary. (If the original birth certificate is not available, you must obtain a certification letter, on formal letterhead, from your local Public Security Bureau reporting the beneficiary's name, both parents' names, date and place of birth, and registration of birth.),
  • Copies of the biographic page of valid passports for both the petitioner and beneficiary,
• The petitioner must bring copies and originals when filing. We will return the originals to the petitioner after certifications of the copies are completed. All documents not written in the English language must be accompanied by certified English translations.
• After the petition has been approved, it will be sent to the Immigrant Visa Unit. You will need to contact the Immigrant Visa Unit for further questions on scheduling appointments, issuance of visas, etc.

 

While http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html states its either the passport OR birth certificate that gets filed initially...

 

 

Required Documents

 

To obtain a copy of Form I-130 as well as filing instructions, please click here. Please see pages 2-4 of the I-130 instructions for a full list of documents to submit with your Form I-130. In addition to the documents listed in the I-130 instructions, please bring the following when coming to our office to file your petition:

 

If married in China, please bring the original marriage certificate (结婚证) as well as a notarial copy (结婚公证书).

Original passports for both the petitioner and beneficiary (if available) as well as copies of the biographic page of each passport.

If the beneficiary does not have a passport, please bring his or her original birth certificate (出生证) as well as a notarial copy (出生公证书).

Evidence of the petitioner’s residence in China. This may include:

 

A Residence Permit for Foreigner in the People’s Republic of China (居住许可).

A Chinese visa (签证) in the categories of D, J1, Q1, S1, X1 or Z.

Please note that U.S. citizens whose principal residence is not China and/or are abroad for a short-term visit as a tourist or on business must file their I-130 petition with the Chicago Lockbox. For example, temporary travelers under L, M or F Chinese visas will generally not qualify for direct filing with the Guangzhou Field Office.

 

In addition to submitting the above documents, please be sure to answer each question on the Form I-130 as well as have the petitioner (not the beneficiary) sign and date Part E of the Form I-130. Following these steps will enable us to complete the processing of your case in the most expeditious manner.

 

Which is to be believed? I've emailed the USCIS Guangzhou field office about this and will post my findings if I receive a reply.

 

 

It's unclear where you're seeing a conflict - since your wife doesn't have a passport, you obviously can't submit one.

 

Don't bust anyone's buns trying to get a passport for her for the initial filing - I don't see in either of your quotes where it says that one is REQUIRED, only the birth certificate is needed, although it won't hurt if she DOES get one. Your quote A calls for "Proof of U.S. citizenship of petitioner," and "Birth certificate of the beneficiary". Quote B seems consistent with that.

 

Your choice - don't get hung up on the wording on a web page somewhere. Many of them are out of date and/or misleading, including some official sites.

 

Edit: Oh, okay! I see now where your Quote A says "Copies of the biographic page of valid passports for both the petitioner and beneficiary,". But again, don't get hung up on the wording that someone tossed onto their web page a few years. They may or may not ever get around to updating that page for you. Since she doesn't have one, you can't provide a copy - it really is that simple.

Edited December 29, 2014 by Randy W (see edit history)

[jwdoetsch]

Edit: Oh, okay! I see now where your Quote A says "Copies of the biographic page of valid passports for both the petitioner and beneficiary,". But again, don't get hung up on the wording that someone tossed onto their web page a few years. They may or may not ever get around to updating that page for you. Since she doesn't have one, you can't provide a copy - it really is that simple.

 

 

Yeah I guess it's more or less irrelevant isn't it, she doesn't have a passport yet. I'll just assume that Guangzhou is going to ask for the jazz outlined on their page.Thank, Randy. I'm really good and over-stressing and worrying.

[jwdoetsch]

Since both husband and wife receive a marriage certificate when married, are white books needed for both certificates or just one? Anecdotal evidence is sparse and inconsistent...

[dnoblett]

Since both husband and wife receive a marriage certificate when married, are white books needed for both certificates or just one? Anecdotal evidence is sparse and inconsistent...

Just one and for the filing of the I-130 just a photocopy will do.

[jwdoetsch]

 

Since both husband and wife receive a marriage certificate when married, are white books needed for both certificates or just one? Anecdotal evidence is sparse and inconsistent...

Just one and for the filing of the I-130 just a photocopy will do.

 

 

Any idea which one? Anecdotes suggest that it's probably the beneficiary's, correct?

[dnoblett]

 

 

Since both husband and wife receive a marriage certificate when married, are white books needed for both certificates or just one? Anecdotal evidence is sparse and inconsistent...

Just one and for the filing of the I-130 just a photocopy will do.

 

 

Any idea which one? Anecdotes suggest that it's probably the beneficiary's, correct?

 

Petitioner's, When filing the I-130 it's the petitioner who is doing the filing, typically in the states, and that would be the cert the petition would have on hand when filing.

[Beachey]

 

 

 

 

 

 

Since both husband and wife receive a marriage certificate when married, are white books needed for both certificates or just one? Anecdotal evidence is sparse and inconsistent...

Just one and for the filing of the I-130 just a photocopy will do.

Any idea which one? Anecdotes suggest that it's probably the beneficiary's, correct?

Petitioner's, When filing the I-130 it's the petitioner who is doing the filing, typically in the states, and that would be the cert the petition would have on hand when filing.

I am positive we got my wife's (beneficiary) translated. The only difference between the two is whose name comes first so I can't imagine it matters.

[Randy W]

 

 

Any idea which one? Anecdotes suggest that it's probably the beneficiary's, correct?

Petitioner's, When filing the I-130 it's the petitioner who is doing the filing, typically in the states, and that would be the cert the petition would have on hand when filing.

I am positive we got my wife's (beneficiary) translated. The only difference between the two is whose name comes first so I can't imagine it matters.

 

 

 

Exactly - I was going to ask if there is a difference between the two - thanks for the answer.