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Posted

Hello,

I was ready to file the i130 with the i485 for my wife when I came across some website saying the following:

If you scroll down to the section that says birth certificate issued by embassy or consulate

http://www.***removed***/birth-certificate/

My wife has no relation with her biological father and has a limited relationship with her mother. She is sure her mom doesn't have or know the whereabouts of her birth certificate. I went to the taiwanese embassy and had them issue a birth certificate for my wife using her taiwanese passport. Now isn't that sufficient for the A.O.S paperwork??? I am ready to file this paper work and now this new problem has come up... please help

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hello,

I was ready to file the i130 with the i485 for my wife when I came across some website saying the following:

If you scroll down to the section that says birth certificate issued by embassy or consulate

http://www.***removed***/birth-certificate/

My wife has no relation with her biological father and has a limited relationship with her mother. She is sure her mom doesn't have or know the whereabouts of her birth certificate. I went to the taiwanese embassy and had them issue a birth certificate for my wife using her taiwanese passport. Now isn't that sufficient for the A.O.S paperwork??? I am ready to file this paper work and now this new problem has come up... please help

The information on the site is correct. A birth certificate is supposed to be a primary record of birth. A passport is a secondary record. You can't remanufacture a primary record from a secondary record.

My understanding is that a birth record in Taiwan is a certified copy or extract of the household record (hukou). This is what Department of State indicates is acceptable for a birth certificate in Taiwan, and USCIS usually uses the same criteria as DoS.

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

So at this point I am unable to obviously get the birth certificate from taipei, should I proceed to send out the aos paperwork with teco (taiwanese consulate) issued birth cerificate???

Honestly, I think you'd be wasting your money. Is her mother still in Taiwan? Can her mother get a certified extract of the hukou?

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Her mother is there but long story short she won't spend the time to do it... they have no idea where her birth cerificate is.... how do I proceed now?? Surely there must be an alternative to people who can't find their birth certificates

Yeah, but it varies dramatically from one country to another. In some countries you can request records from a regional authority through a consulate in a foreign country. In other countries you must personally appear at the office of the regional authority to request the records. I have no idea what the requirements are to get a certified extract of a hukou in Taiwan. In Vietnam you bring the household register book (called Ho Khau) to a local government office and they'll make a birth certificate for you.

The site you linked to sometimes contains outdated information, but the information is usually based on experience and not simply rhetoric. If they say that a birth certificate produced by a consulate or embassy won't be accepted then it's because they've seen USCIS reject them before.

Try posting your question in the regional forum for East Asia. There may be other members with a fiancee or spouse in Taiwan who've had to go through the process to obtain a birth record.

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Filed: Lift. Cond. (apr) Country: Ghana
Timeline
Posted

Sorry to keep bugging you guys I needed an answer if I can send out the aos package with the taiwanese consulate issued birth certificate

What do you have to loose? i'd send the package with the birth certificate you currently have,then try to see what you can about getting the original one while you wait to see what happens. worse case scenario , they'll send you an RFE if what you send in is not accepted....just my opinion :-)

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Filed: Timeline
Posted

What do you have to loose? i'd send the package with the birth certificate you currently have,then try to see what you can about getting the original one while you wait to see what happens. worse case scenario , they'll send you an RFE if what you send in is not accepted....just my opinion :-)

You will loose time, a lot.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

What do you have to loose? i'd send the package with the birth certificate you currently have,then try to see what you can about getting the original one while you wait to see what happens. worse case scenario , they'll send you an RFE if what you send in is not accepted....just my opinion :-)

What he has to lose is potentially the entire filing fee for the I-130 and I-485, a window of only 30 days to attempt to get the case reopened, along with an additional filing fee, and the possibility that his wife could be placed in removal proceedings when the window expires. THAT is the worst case scenario. Getting an RFE is actually the BEST case scenario, and it's not a very good scenario to hope for. He'd have 90 days or less to produce a document he already said he doesn't have.

The only time you should even consider submitting a petition when you know you don't have the necessary documents for an approval is if there are dire consequences to NOT submitting now, such as a VWP entrant whose authorized stay is about to expire, or a conditional resident whose 2 year green card is about to expire. In those cases, you're just trying to secure a receipt date, and hoping for an RFE to address the missing documents.

wonderful news my wife just found some documents in chinese, these are the household records... where can I get a certified translation in english of these forms... we live in los angeles...

Awesome. I don't know if you need to get the hukou certified. The DoS reciprocity guidelines only say that extracts of hukou need to be certified, so I'm guessing that the original complete document doesn't need to be certified. The DoS guidelines DO say that the document you submit can't simply be a copy of the household roster card (a simplified summary of the hukou) because it doesn't contain enough information for immigration purposes. I don't know what a household register consists of in Taiwan. In Vietnam it's a little book.

Anyway, anybody who is fluent in both English and Chinese can translate a document. The translator needs to include a statement certifying that they are fluent in both languages, and qualified to produce an accurate translation. They need to sign and date that statement.

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12/29/2009 - Married in Oakland, CA!

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Posted

I don't understand I am kind of confused, my wife found two sheets of stapled together and they had some digits that were proforated with numbers meaning its not a photocopy....... from what she can make out from her limited chinese it has her dads info in a line second line her sister then my wife her birthdate her parents I believe... now this must be the hokou you speak offf.... now what should I do next simply get an english translation correct surely this is the extract you speak off

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

You really need to post these questions in the East Asia regional forum. I've never seen a Taiwanese hukou, so I have no idea what it looks like. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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