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Ben Rebach

China specific: Birth Certificate problem

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Filed: K-1 Visa Country: China
Timeline

Hello.

My Chinese fiancee and I have been making good progress through the K-1 thus far, and my portion of her interview package was sent off last week. My fiancee has been working to arrange the documents she needs on her end. However, we do have a problem concerning her birth certificate.

She was born at home, and does not have a formal birth certificate. In order to obtain the certificate (or a valid alternative), she would need a document which is in her parent's possession, something akin to a household registration, if I understood properly.

Her parents, however, do not approve of our marrying, and are unlikely to help her. This is a problem we will need to face eventually, but we were hoping to simply go ahead with our plans, and work on gaining their approval/acceptance over time. We definitely do not want to give her parents leverage, especially a means to block the marriage completely.

My current advice to her is to work with the authorities in order to obtain the documents we need on her own. I'm not sure how China deals with individuals and families in their legal system. My fiancee is 26 years old, so I would assume she is capable of acting independently from her parents in the eyes of the law, but I cannot be certain.

Does anyone have any insight or advice which may be of help to us?

Regards,

Ben

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Filed: Other Country: China
Timeline
Hello.

My Chinese fiancee and I have been making good progress through the K-1 thus far, and my portion of her interview package was sent off last week. My fiancee has been working to arrange the documents she needs on her end. However, we do have a problem concerning her birth certificate.

She was born at home, and does not have a formal birth certificate. In order to obtain the certificate (or a valid alternative), she would need a document which is in her parent's possession, something akin to a household registration, if I understood properly.

Her parents, however, do not approve of our marrying, and are unlikely to help her. This is a problem we will need to face eventually, but we were hoping to simply go ahead with our plans, and work on gaining their approval/acceptance over time. We definitely do not want to give her parents leverage, especially a means to block the marriage completely.

My current advice to her is to work with the authorities in order to obtain the documents we need on her own. I'm not sure how China deals with individuals and families in their legal system. My fiancee is 26 years old, so I would assume she is capable of acting independently from her parents in the eyes of the law, but I cannot be certain.

Does anyone have any insight or advice which may be of help to us?

Regards,

Ben

My wife says she's going to need the family book. (Hu kou ben)

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: China
Timeline

if your fiance Hu Kou (Family Register Book) is with her parents, they she need to convince them to give it to her to get the notarized birth from notarized office.

other than that she can't do anything without a Hou Kou book

Marriage : 2006-05-17

-------------------------
USCIS Process
-------------------------
I-130 Sent : 2007-06-12
I-130 Approved : 2007-12-05
Status: Take 179 days to complete, because of notarize marriage certificate(RFE).

-----------------------
NVC Process
-----------------------
NVC Received : 2007-12-06
Case Completed at NVC : 2008-03-13 Case Complete Forward to Embassy
Case Left NVC : 2008-03-18
Status: Take 97 days to complete, because of the tax return and w2 (RFE),

-----------------------------
Consulate Process
-----------------------------
Consulate Received : 5/12/2008 Eligible for interview, waiting for notice (Per DOS)
Packet 4 Received : 6/11/2008
Interview Date : 7/10/2008 interview at 7:15am (Per DOS)
Blue - Required Overcome. Overcome send 7/24
8/19/2008 Going back to GUZ to get visa stamp
Visa Received : 8/22/2008
US Entry : 10/17/2008 JFK Port of Entry

-----------------------------
Citizenship Process
-----------------------------

N-400 Filed: 11/25/2012

Interview Date: 1/2013 (Passed)

Ceremony: 03/2013

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Filed: IR-1/CR-1 Visa Country: China
Timeline

For my wife's Birth Certificate, the notary officer asked for the household registration and made a photocopy. Like coolgt said,

if she is unmarried then she would still be in her parents household book. If she is married to a Chinese National, then her

name is removed from her parents' and then added to her husband's. Both of you will need to continue convincing the parents.

I hope that all will work out for the best! Don't give up!

Marriage

First Meeting in China: 09-2003

BF/GF: 05-2004

Marriage: 01-12-2006 (marriage licenses)

Wedding Cermony: 02-2007 (parents and sister came from the US to attend)

Petition Process - DCF

GUZ walk-in/submitted I-130: 04-25-2008

I-130 approval: 07-01-2008

GUZ sent Approval: 07-08-2008

Received Approval: 07-11-2008 (Wife's category is IR1)

IV Process - DCF

GUZ sent P-3: 07-08-2008

P-3 received: 07-11-2008

P-3 Forms submitted: 10-23-2008

GUZ received P-3 Forms: 10-24-2008

GUZ sent P-4: 11-21-2008

P-4 received: 11-22-2008

Medical Exam:11-24-2008

Interview scheduled for: 12-01-2008

Interview Results: PINK

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  • 2 months later...
For my wife's Birth Certificate, the notary officer asked for the household registration and made a photocopy. Like coolgt said,

if she is unmarried then she would still be in her parents household book. If she is married to a Chinese National, then her

name is removed from her parents' and then added to her husband's. Both of you will need to continue convincing the parents.

I hope that all will work out for the best! Don't give up!

You can get it from a local police office, and pay about 200 RMB to get an official translated copy that is also notorized. It doesn't take long, 2 business days...

AOS Timeline:

  • Date Filed : 2008-08-28
  • NOA Date : 2008-09-03
  • RFE: 2008-09-19
  • Biometrics Appt. : 2008-09-23
  • RFE Mailed: 2008-10-06
  • RFE Delivered: 2008-10-10
  • Case Processing Resumed: 2008-10-16
  • I-485 TOUCHES: 2008-10-17, 2008-10-20, 2008-10-21
  • EAD Approved: 2008-11-06 (Day 70)
  • AP Approved: 2008-11-06 (Day 70)
  • AP Received: 2008-11-12
  • EAD Received: 2008-11-18
  • AOS GC Interview Letter Received: 2008-11-18
  • AOS GC Interview: 2009-01-12 - APPROVED!

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Filed: AOS (pnd) Country: China
Timeline
Hello.

My Chinese fiancee and I have been making good progress through the K-1 thus far, and my portion of her interview package was sent off last week. My fiancee has been working to arrange the documents she needs on her end. However, we do have a problem concerning her birth certificate.

She was born at home, and does not have a formal birth certificate. In order to obtain the certificate (or a valid alternative), she would need a document which is in her parent's possession, something akin to a household registration, if I understood properly.

Her parents, however, do not approve of our marrying, and are unlikely to help her. This is a problem we will need to face eventually, but we were hoping to simply go ahead with our plans, and work on gaining their approval/acceptance over time. We definitely do not want to give her parents leverage, especially a means to block the marriage completely.

My current advice to her is to work with the authorities in order to obtain the documents we need on her own. I'm not sure how China deals with individuals and families in their legal system. My fiancee is 26 years old, so I would assume she is capable of acting independently from her parents in the eyes of the law, but I cannot be certain.

Does anyone have any insight or advice which may be of help to us?

Regards,

Ben

My wife says she's going to need the family book. (Hu kou ben)

We had to do that also, found no other way around it.

Do go to a notary and have all her papers done in Chinese

and English. Its well worth the money and time. (All her papers).

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  • 3 weeks later...

This would be a good question to ask GZ Speaks on CFL. I have been unable to find specific reference to your problem on the GZ website. The USCIS website may shed more information. Since a Hukou is a matter of public record I would suspect she could go to the police station in her home town and obtain a copy. IMO this is a small part of your problem. Family is everything to Chinese people. Your sweet heart may be willing to go against her parent's wishes for now but I would almost guaranty that doing so will cause her great remorse at some point in time. The honorable thing to do would be to make a trip to China and try and meet them. Show them you are sincere about their daughter and you promise to take care or her. Even if this fails at least you have tried. China isn't like America where children sometimes elope then all is forgiven when they return.

Carl: Portland Oregon, USA / Bing: Nanning, Guangxi, China

filed I-129 at NSC 05/02/03...NOA-1 05/05/03...NOA 2 11/07/03...Cleared NVC 12/05/03...P-3 received 1/15/04...P-4 03/03/04...Interview 04/13/04...blue slip issued 04/13/04...go to china to overcome 04/23/04 submit overcome 04/28/04...visa approved 04/29/04...Married 06/01/04...Applied for Bing's SSN 07/15/04...SSN received 07/19/04...Filed AOS & received EAD 07/28/04...AOS interview 10/19/04....Welcome to America letter 11/1/04...Green Card arrives 11/06/04...Sent in I-751 to remove green card conditions 10/02/06...Received NOA for I-751 10/23/06... Card production ordered 5/10/07...Approval notice sent 5/16/07 ... Ten year green card arrived 5/17/07... mailed application for citizenship 01/29/08... NOA for N-400 recieved 02/13/08...Biometrics letter 02/15/08...NOA for citizenship interview arrived 05/23/08...Citizenship test 07/09/08...

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