Adjustment of Status - RFE Notarial Birth Certificate - Issues

[1CoolDog 3]

I have applied for AOS (I-485) in Nov 2020 and I just received an RFE for Notarial Birth Certificate on 3/23.

• I'm immigrating from China
• I was already in the US on F1 Visa.
• I was born prior to 1996.
• Got married in the US.
• Our I-130 is already approved.
• My husband is a US Citizen.

 

I already provided USCIS with my birth certificate with certified English translation.  

I know what the Notarial Birth certificate is after much research. I asked my parents in China to go to the Notarial office with the hukou, their national ID, my national ID, my Chinese passport and my parents' marriage certificate. 

My parents' marriage certificate was obtained after I was born, because my mother was 19 at the time when I was born. So the marriage certificate is dated after my birthday, and so therefore the office refused to process the Notarial birth certificate. 

 

I'm not sure what to do now.

 

What are the alternatives if I absolutely can not obtain one?

[pigrew 34]

That's a frustration.

 

You'll want to get the gong zheng chu to put it in writing that they cannot issue a certificate to you (and you can translate your note, and sign that it's a true and complete translation).

 

The I-485 instructions state how to proceed without the document they want.

 

The instructions, more or less, say to explain why you are unable to provide the certificate, and suggest submitting affidavits (at least two), and also secondary evidence:

 

Quote

....you must submit an original document from the relevant governmental authority explaining why your birth record does not exist and indicate whether similar records for the time and place are available. When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.

If this will work, I can't say, but this is the way forward.

 

Please update once you hear back from USCIS.

[1CoolDog 3]

Crazy thing happened. I was digging through some really old papers and guess what......I found a notarial birth certificate I did in 2010.....!

I TOTALLY, COMPLETELY forgot about this, my parents forgot too because they had to have helped me. Bad memory runs in our family.

So this looks good to go. I'm going to make copies and send it off. Phew.