RFE received for Chinese wife

[rs56164 0]

Received I-485 RFE notice on Saturday stating my Chinese wife submitted secondary evidence and/or a birth affidavit as proof of her birth record.

However, the evidence you have submitted is insuffient. We submiited a copy of her Hukuo. I think we need one of her family members to go to the notorial ofice and get a notorial birth certificate?

the document also states a notorial birth certificate is also considered secondary evidence.

My question...the document also states:

Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available.

If we get the notorial birth certificate, do we also need this letter on government letterhead and where would we get this?

Thank you

sweating in memphis

[Darnell 8,478]

hukuo is not a birth certificate, hukuo is hukuo .

best to get a white book -

see white books - http://www.visajourney.com/forums/topic/228853-notarial-birth-certificate/

and note that anyone in her hukuo book (or anyone who has a hukuo book where SHE is listed)

can go in and get a birth certificate for her.

once the birth certificate is gotten, is best to turn it into a white book, a chinese to english notarial translation document.

[rs56164 0]

hukuo is not a birth certificate, hukuo is hukuo .

best to get a white book -

see white books - http://www.visajourney.com/forums/topic/228853-notarial-birth-certificate/

and note that anyone in her hukuo book (or anyone who has a hukuo book where SHE is listed)

can go in and get a birth certificate for her.

once the birth certificate is gotten, is best to turn it into a white book, a chinese to english notarial translation document.

Thank you for your reply. Is the letter on goverment letterhead I mentioned still a requirement? My wife was born in 1967 and they should know original birth certificates from that time are not usually available.

[Darnell 8,478]

government letterhead is a non-issue.

what IS an issue is getting a white book.

[rs56164 0]

Thank you for your reply. Is the letter on goverment letterhead I mentioned still a requirement? My wife was born in 1967 and they should know original birth certificates from that time are not usually available.

Thanks again for your reply! I just want to get this right and wonder why they also request the letter.

Thank you for your reply. Is the letter on goverment letterhead I mentioned still a requirement? My wife was born in 1967 and they should know original birth certificates from that time are not usually available.

Thanks again for your reply! I just want to get this right and wonder why they also request the letter.

[Pitaya 2,577]

I agree wholeheartedly with Darnell.

"Notarial Certificate" (AKA White Book) is the way to go. While you are getting them, get several copies. It is easier to get them now, then later when she lives in the US. I believe that my wife got 5 White Books of her birth cert. at least 3 of her divorce decree, and at least 5 of the son's birth cert. We still have a couple of them left. However, it seems that everyone and their mother wants one during our immigration journey.

The US consulate in Guangzhou understands and accepts White Books for documentation. We tendered a copy of each, wife and son's birth cert. White Books, with their recent AOS petitions/applications to USCIS, and are not anticipating any issues.

(BTW, my wife was born in 1966.)

Good luck on your visa journey.

[rs56164 0]

I agree wholeheartedly with Darnell.

"Notarial Certificate" (AKA White Book) is the way to go. While you are getting them, get several copies. It is easier to get them now, then later when she lives in the US. I believe that my wife got 5 White Books of her birth cert. at least 3 of her divorce decree, and at least 5 of the son's birth cert. We still have a couple of them left. However, it seems that everyone and their mother wants one during our immigration journey.

The US consulate in Guangzhou understands and accepts White Books for documentation. We tendered a copy of each, wife and son's birth cert. White Books, with their recent AOS petitions/applications to USCIS, and are not anticipating any issues.

(BTW, my wife was born in 1966.)

Good luck on your visa journey.

Thank you...my wife is aleady in the US

[rs56164 0]

hukuo is not a birth certificate, hukuo is hukuo .

best to get a white book -

see white books - http://www.visajourney.com/forums/topic/228853-notarial-birth-certificate/

and note that anyone in her hukuo book (or anyone who has a hukuo book where SHE is listed)

can go in and get a birth certificate for her.

once the birth certificate is gotten, is best to turn it into a white book, a chinese to english notarial translation document.

one other quaestion Darnell. My wifes hukuo is here in the US and both her parents are dead so no other hukou with her name exists. Her brother has her chinese ID in China. would the ID work as opposed to the hukou? I would hate to send her hukou to china over fear of it getting lost. Also, is a letter required from my wife giving permission for her brother to get the notorial birth certificate?

[Pitaya 2,577]

Thank you...my wife is aleady in the US

Well, of course that is good!!!

But then, that now complicates matters a bit as far as obtaining White Books, given the circumstances that you describe. I am not sure of the necessary details of obtaining White Books in your situation. However, I am sure that Uncle Darnell has the answer, I suggest that you wait for his response.

Good luck.

[rs56164 0]

one other quaestion Darnell. My wifes hukuo is here in the US and both her parents are dead so no other hukou with her name exists. Her brother has her chinese ID in China. would the ID work as opposed to the hukou? I would hate to send her hukou to china over fear of it getting lost. Also, is a letter required from my wife giving permission for her brother to get the notorial birth certificate?

She also has the white book with translation of her houkou here in the us

[bigdog 376]

Well, of course that is good!!!

But then, that now complicates matters a bit as far as obtaining White Books, given the circumstances that you describe. I am not sure of the necessary details of obtaining White Books in your situation. However, I am sure that Uncle Darnell has the answer, I suggest that you wait for his response.

Good luck.

[Darnell 8,478]

so, no family member exists, in China, that lists HER in their hukuo book.

That makes things a bit more difficult.

the Chinese hukuo book, and the notarial translation of same, into a white book, is NOT what USCIS wants and it doesn't qualify as a birth certificate.

Are you certain no one in China has her listed in their hukuo book ?

If her hukuo book has her listed in USA, (seriously?) then the last chinese gov official that touched her hukuo book - aiyo - she came in on work or student visa?

[rs56164 0]

so, no family member exists, in China, that lists HER in their hukuo book.

That makes things a bit more difficult.

the Chinese hukuo book, and the notarial translation of same, into a white book, is NOT what USCIS wants and it doesn't qualify as a birth certificate.

Are you certain no one in China has her listed in their hukuo book ?

If her hukuo book has her listed in USA, (seriously?) then the last chinese gov official that touched her hukuo book - aiyo - she came in on work or student visa?

No, I mean if I send her notarized hukuo (white book notarized while she was in china) to a family member in China, could this be used instead of sending her official real hukuo to get her notorial birth certificate? her brother also has her chinese ID. Her parents are dead and she married and had a son 21 years ago. Only her and her son are in her hukuo

[Darnell 8,478]

where is that son?

[rs56164 0]

where is that son?

Her son is in china and she also has a sister and brother there. My wife left her son's houkou info page of the houkou with him and only brought her page to the US.

Edited October 22, 2012 by rs56164