REF for Notarial Certificate of Birth

[TYF 8]

Hi, I've been filing my AOS and received a REF for requesting to submit my Notarial Certificate of Birth issued by the appropriate civil authority. At the beginning stage, i believed i submitted the photocopy of my official Birth Certificate (with English Translation on the original Certificate) for a HKSAR citizenship. Did anyone encounter this issue like my case before?

[Pitaya 2,577]

3 hours ago, TYF said:

Hi, I've been filing my AOS and received a REF for requesting to submit my Notarial Certificate of Birth issued by the appropriate civil authority. At the beginning stage, i believed i submitted the photocopy of my official Birth Certificate (with English Translation on the original Certificate) for a HKSAR citizenship. Did anyone encounter this issue like my case before?

Sounds like the USCIS adjudicator may be getting ahead of the current affairs regarding "one country, two systems," and the documentation in use at the HKSAR versus Mainland China.  I know that the Notarial Certificate of Birth,  出生公证书, or chu sheng gong zheng shu , needs to be obtained on the mainland at the Notarial Office, 公证处 , or Gong Zheng Chu. But that certificate document is derived from the Family Book, or hukou . Is that system used in the HKSAR?

 

It seems odd that the US Consulate in HK evidently accepted your HKSAR-derived official Birth Certificate in order to issue you the K1 visa (correct?), but USCIS Service Center thinks differently?  My family were from northern China and employed the Notarial Certificates (White Books) for birth certificates anytime a birth certificate has been requested, even to obtain a WA state DL.  I was not aware of the same situation in the HKSAR. Perhaps someone in the China Regional Forum could help with this question?

 

I noticed that your timeline is vacant. It helps everybody that uses or is help by the forums. The information helps keep the VJ stats relevant.

 

This really is a question that should be transferred to the China Regional Forum. I will suggest that a moderator transfer this thread to the China Regional Forum.

 

Good luck on your immigration journey, and Happy Holidays.

Edited December 17, 2019 by Pitaya

[TYF 8]

9 minutes ago, Pitaya said:

Sounds like the USCIS adjudicator may be getting ahead of the current affairs regarding "one country, two systems," and the documentation in use at the HKSAR versus Mainland China.  I know that the Notarial Certificate of Birth,  出生公证书, or chu sheng gong zheng shu , needs to be obtained on the mainland at the Notarial Office, 公证处 , or Gong Zheng Chu. But that certificate document is derived from the Family Book, or hukou . Is that system used in the HKSAR?

 

It seems odd that the US Consulate in HK evidently accepted your HKSAR-derived official Birth Certificate in order to issue you the K1 visa (correct?), but USCIS Service Center thinks differently?  My family were from northern China and employed the Notarial Certificates (White Books) for birth certificates anytime a birth certificate has been requested, even to obtain a WA state DL.  I was not aware of the same situation in the HKSAR. Perhaps someone in the China Regional Forum could help with this question?

 

I noticed that your timeline is vacant. It helps everybody that uses or is help by the forums. The information helps keep the VJ stats relevant.

 

This really is a question that should be transferred to the China Regional Forum. I will suggest that a moderator transfer this thread to the China Regional Forum.

 

Good luck on your immigration journey, and Happy Holidays.

Thank you for your reply. Indeed it's quite tricky as HKSAR citizen hold different set of Birth Certificate. I'm wondering if there are any other applicants from Hong Kong encountered this situation before? Since i have not been challenged my Birth Certificate when i applied for K1 visa and F1 visa to U.S. before. I don't quite understand the term Notarial Certificate of Birth stated. 

[Pitaya 2,577]

I know that we do have had HKers post in the China Regional Forum. Hopefully someone from HK or someone with Mainland-experience has knowledge of how to deal with USCIS adjudicators and HK concerns. Do you by chance still have your K1 Packet 1 instructions from the US Consulate in HK? Those instructions usually mention the required documents in order to successfully get a K1 visa. If so, that may be useful in supporting your claim that DOS accepts the official HKSAR Birth Certificate as sufficient evidence of citizenship.

[Nashvan 133]

1 hour ago, TYF said:

i have not been challenged my Birth Certificate when i applied for K1 visa and F1 visa to U.S. before. I don't quite understand the term Notarial Certificate of Birth stated. 

Does your birth certificate follow the Reciprocity Schedule? (under Birth, Death, Burial Certificates):

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/HongKong.html

 

Interesting, I was born in HK and did not have any problems with my birth certificate in the K1 process either (although they asked me for proof of Canadian citizenship). During AOS I received a general RFE for birth certificate. Sent them a front-and-back photocopy of my original without translation, because it has English on it already, and they accepted it.

[TYF 8]

13 minutes ago, Nashvan said:

Does your birth certificate follow the Reciprocity Schedule? (under Birth, Death, Burial Certificates):

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/HongKong.html

 

Interesting, I was born in HK and did not have any problems with my birth certificate in the K1 process either (although they asked me for proof of Canadian citizenship). During AOS I received a general RFE for birth certificate. Sent them a front-and-back photocopy of my original without translation, because it has English on it already, and they accepted it.

yes, the Birth Certificate follows the Reciprocity Schedule (under Birth, Death, Burial Certificates). I was confused on the  statement listed on the letter. I think i will make another copy per your suggestion (front and back) with a cover letter that indicates i fulfilled the requirement listed under USCIS  Reciprocity Schedule (under Birth, Death, Burial Certificates). Since i think nowadays the officers might be confused about the country of citizenship between China and HKSAR. 

[Nashvan 133]

2 hours ago, TYF said:

yes, the Birth Certificate follows the Reciprocity Schedule (under Birth, Death, Burial Certificates). I was confused on the  statement listed on the letter. I think i will make another copy per your suggestion (front and back) with a cover letter that indicates i fulfilled the requirement listed under USCIS  Reciprocity Schedule (under Birth, Death, Burial Certificates). Since i think nowadays the officers might be confused about the country of citizenship between China and HKSAR. 

Good idea. I also attached a screenshot of the Reciprocity Schedule so they can see it with their own eyes. The notarial part confuses me since you already have an original issued by the appropriate civil authority. It sounds like they don't believe it's genuine.

[TYF 8]

25 minutes ago, Nashvan said:

Good idea. I also attached a screenshot of the Reciprocity Schedule so they can see it with their own eyes. The notarial part confuses me since you already have an original issued by the appropriate civil authority. It sounds like they don't believe it's genuine.

Thank you for your help. I am still shocked about the notarial part as i consulted couple friends from Hong Kong who went through the AOS process ,and they didn't have to do with the notarial certificate by third party but submitted the photocopy of original Birth Certificate/ Certificated copy only.

[Pitaya 2,577]

2 hours ago, TYF said:

Thank you for your help. I am still shocked about the notarial part as i consulted couple friends from Hong Kong who went through the AOS process ,and they didn't have to do with the notarial certificate by third party but submitted the photocopy of original Birth Certificate/ Certificated copy only.

There is no need for shock. The reality is that it is what it is. You can either work through it and get it done, or fret over something you neither you or I have any control over.   It would seem that some bureaucrats just need to be enlightened on the required documents from HKSAR.

[Kitty C. 0]

Hi, may I know how did you end up dealing with this situation? Cause I seem have an exact same situation as yours only I was born in Macau. I mailed them the original copy of my birth certificate and a translation and both are with a steel stamp which should be considered as notary. However, I still receive a RFE with request for notarial certificate of birth. It’d be appreciated if you don’t mind sharing your experience. Thanks  

 

[TYF 8]

6 hours ago, Kitty C. said:

Hi, may I know how did you end up dealing with this situation? Cause I seem have an exact same situation as yours only I was born in Macau. I mailed them the original copy of my birth certificate and a translation and both are with a steel stamp which should be considered as notary. However, I still receive a RFE with request for notarial certificate of birth. It’d be appreciated if you don’t mind sharing your experience. Thanks  

 

Hi I am sorry for your RFE. I don't know about Macau whether it is needed notary certificate or not.

For my case, i sent back the RFE with resubmitted copy of original HK birth certificate and a statement mentioned that i follow the Reciprocity Schedule (under Birth, Death, Burial Certificates) 

However, i'm still waiting for the news, not sure if they accept or not.

 

you can also check the requirement for Macau

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

you can also consult USCIS about your case or attorney(if needed) 

[TYF 8]

Hi, FYI. I just checked online status regarding my case, it was changed to "Interview was scheduled". However, i am still waiting for the official interview date.

I guess they accepted my copy of original birth certificate without further notarization needed.

 

[lainey122 6]

 

On 1/23/2020 at 10:23 AM, TYF said:

Hi, FYI. I just checked online status regarding my case, it was changed to "Interview was scheduled". However, i am still waiting for the official interview date.

I guess they accepted my copy of original birth certificate without further notarization needed.

 

hi there! I just received an RFE for the exact same thing today 😭 I sent in a copy of my HK birth certificate, but perhaps the copy wasn’t a clear one...?

 

Just wondering if the USCIS ended up accepting your second copy of the original birth certificate and cover letter? If so, I may just do the same!

 

Thank you so much for posting this!

[TYF 8]

11 hours ago, lainey122 said:

 

hi there! I just received an RFE for the exact same thing today 😭 I sent in a copy of my HK birth certificate, but perhaps the copy wasn’t a clear one...?

 

Just wondering if the USCIS ended up accepting your second copy of the original birth certificate and cover letter? If so, I may just do the same!

 

Thank you so much for posting this!

Hello, what i did is calling the USCIS customer service, and made the clarification to them between the difference of China and HK birth certificate. They transferred me to an senior officer whom asked me to resubmitted a copy of HK birth certificate again. I also made a statement mentioned that i followed the Reciprocity Schedule (under Birth, Death, Burial Certificates). Please check https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/HongKong.html

They approved it and i got an interview date and green card afterward. Good luck. 

[lainey122 6]

5 hours ago, TYF said:

Hello, what i did is calling the USCIS customer service, and made the clarification to them between the difference of China and HK birth certificate. They transferred me to an senior officer whom asked me to resubmitted a copy of HK birth certificate again. I also made a statement mentioned that i followed the Reciprocity Schedule (under Birth, Death, Burial Certificates). Please check https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/HongKong.html

They approved it and i got an interview date and green card afterward. Good luck. 

That’s awesome! Thank you so much for the quick response  I will give that a try!