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Filed: K-1 Visa Country: China
Timeline
Posted

Everything has gone very smoothly with the K-1 process to this point, until now.

My fiance went to get his birth certificate and was told he could not get it because he was born in 1986 and his parents did not marry until 1989.

He was told the only way he could get a certificate is to have DNA tests done on him, and his mother and father.

His father does not endorse the idea of him going to the USA and is refusing to do the DNA test.

He was born in the village and not in a hospital.

Is there some other form or statement we can send in place of it? We have the family book, copies of the parents marriage certificates, copies of the parents ID cards.

He has his Police Certificate (clean), No previous marriage certificate, his ID card and Passport. The only think we are missing is the certificate.

Any advise?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

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

I would suggest that you first go back to the Notarial Office and ask for "a birth certificate for use overseas." If he has a Chinese ID and a passport, then his birth WAS registered in accordance with the laws in effect at the time. The birth certificate is generated to an International standard. neither you nor the consulate gets to tell them what to put on it .

DO NOT put on the dog-and-pony (DNA) show - that is only required for recent NEW births, if at all

Edited by RandyW

玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

Filed: K-1 Visa Country: China
Timeline
Posted

Thanks. So if we end up not getting the certificate (as is still is looking), Do you think If I right a cover letter explaining the situation in English and attach a copy of his ID CArd, Passport, Homebook, Mother / Father ID Cards, and Mother / Father marriage certificate we should be covered? Is there another item we should attach? The DNA is out anyway because the father refuses it in order to prevent my Fiance leaving China.

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

Yes - document it as THOROUGHLY as you, can. I don't think the Chinese authorities can block a visa simply by refusing to issue a birth certificate. Please let us know how this turns out.

I expect the problem is that the Officials are misinformed about the requirements for issuance of the certificate. Again - if he had his Chinese ID and passport, then his birth WAS properly registeted in accordance with the laws in effect at the time.

玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

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

Everything has gone very smoothly with the K-1 process to this point, until now.

My fiance went to get his birth certificate and was told he could not get it because he was born in 1986 and his parents did not marry until 1989.

He was told the only way he could get a certificate is to have DNA tests done on him, and his mother and father.

His father does not endorse the idea of him going to the USA and is refusing to do the DNA test.

He was born in the village and not in a hospital.

Is there some other form or statement we can send in place of it? We have the family book, copies of the parents marriage certificates, copies of the parents ID cards.

He has his Police Certificate (clean), No previous marriage certificate, his ID card and Passport. The only think we are missing is the certificate.

Any advise?

does he have hukou?

Filed: K-1 Visa Country: China
Timeline
Posted

does he have hukou?

Yes, he has the Hukou. We will bring that, his parents ID's and Marriage Certificate as well as his birth registration with the Village. I will write a detailed statement on why he was told he could not get his Birth Certificate, that he was told he must have a DNA test, the fact his father refused the DNA test to try to keep him from leaving China. The office that denied him refuses to provide anything in writing but we do have the address and contact information of the office. Everything else seems to be in line.

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

Yes, he has the Hukou. We will bring that, his parents ID's and Marriage Certificate as well as his birth registration with the Village. I will write a detailed statement on why he was told he could not get his Birth Certificate, that he was told he must have a DNA test, the fact his father refused the DNA test to try to keep him from leaving China. The office that denied him refuses to provide anything in writing but we do have the address and contact information of the office. Everything else seems to be in line.

if he has hukou, he should be able to get the white book.

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

I'm sorry. I do not know what a white book is.

check out this thread here about white book

http://www.visajourney.com/forums/topic/393969-chinese-marriage-visa-terms-and-definitions/

For china visa purpose, one do not have to chase after a "birth certificate", a white book should be obtained in the city of his hukou.

Filed: K-1 Visa Country: China
Timeline
Posted

check out this thread here about white book

http://www.visajourney.com/forums/topic/393969-chinese-marriage-visa-terms-and-definitions/

For china visa purpose, one do not have to chase after a "birth certificate", a white book should be obtained in the city of his hukou.

My Fiance in China has never heard of a "white book" is there a term in Chinese text you can share?

  • 1 month later...
  • 4 weeks later...
Filed: K-1 Visa Country: China
Timeline
Posted

Hi,

Ultimately we ended up having my Fiance, the mother and the father do a DNA test to prove my Fiance was the child of the Mother and Father. Once they had the DNA record confirmed the China office that issues the Birth Certificate issued one (after they cross-referenced the "house book") Some people said there are other ways to do it, and there probably are but this seemed to cut all the red tape. I just returned from San Francisco today with my Fiance..first time in USA. For us the entire process took around 5 months. It was stressful every step of the way. It usually takes me 15 minutes to clear customs, but after 1.5 hours I was still waiting for my Fiance...I assumed the worst and was getting very worried, but all turned out okay. Today is a very happy day for me. I hope you have your love with you soon also.

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

Good for you ! POE entry, K-1 visa, or something else?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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