RFE for Chinese divorce document

[ImagineMe 35]

Ok, so after 6 months, they finally got to my application, only to be met with an RFE for a divorce document from her that is signed by a magistrate.  Silly me saw what she sent me and realized that only the translator had signed anything for the translation.  Of course its on Chinese new year of all times and she is there.  I now have to see if she can stay beyond her time before going back to south korea, so she can get us a signed decree. China does have magistrates or judges that sign these documents dont they? I'm not keen on what they do in their systems. The documents she sent me were from the Guangzhou Notary Public Office.  It says "Notary Public: Huang Jujing" Is that the name of the notary person I take it? I have uploaded the area where there is a signature. This is only the notary and not a magistrate or judge?

[ImagineMe 35]

Damn, quite a few views, but no answer yet? I've been scouring the internet for an answer.  My fiance has to go back to Korea the 23rd while the country of China comes back on the 26th.  So her father will end up being the one to ask around to see who as a judge can sign her divorce documentation. I found no photo examples of what to look for, nor of any names of specific places she has to go for this. Bad enough I had to wait this long.

[TBoneTX 43,057]

Country-specific thread is moved from the IMBRA subforum to the China regional subforum. ***

[RandyW 149]

You only posted a copy of the cover sheet, which identifies it as a GongZhengShu (公证书֤) ֤֤ or Notarial Certificate from the Gong Zheng Chu (公证处) and the Notarial Office. We have no clue what was certified by the document.

 

My wife's decree was in the form of a "Discoverture Statement" issued 8 years after the divorce, with the (translated) verbiage that "I swear that this statement is absolute reality. If it is fake, I would bear all legal liability." Basically, she made a Statement as to the "absolute reality" that she WAS divorced, and eligible to marry.

 

The Dept of State says this in their Reciprocity Tables at https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

 

Quote

 

Divorce

Available. Notarial offices will issue notarial divorce certificates based upon extant records to confirm either a court-decreed or uncontested divorce. In an uncontested divorce, a couple can obtain a divorce certificate from the marriage registration office in the neighborhood where they reside. In a contested divorce, both parties will receive a copy of the formal divorce decree from the court at the time the divorce is approved. If the original decree is lost, the same court will often issue a duplicate, but these various decrees or certificates should not be accepted in lieu of the notarial certificates.

 

 

 

[ImagineMe 35]

Understood and I will post an edited version of the White Book she sent. I had just hoped to see another edited version that was ok by immigration. After talking with 2 people (1 in the current process and 1 already cleared a few years ago) I have found that my copy is no different from theirs and the person who already got his chinese fiance cleared, had no judges signature as the RFE states it needs. So I think it is due to the department having new employees that dont realize that the White Book is the end all be all for divorce documents. So I plan on calling the immigration office tomorrow to speak with someone about it.

[RandyW 149]

2 hours ago, ImagineMe said:

Understood and I will post an edited version of the White Book she sent. I had just hoped to see another edited version that was ok by immigration. After talking with 2 people (1 in the current process and 1 already cleared a few years ago) I have found that my copy is no different from theirs and the person who already got his chinese fiance cleared, had no judges signature as the RFE states it needs. So I think it is due to the department having new employees that dont realize that the White Book is the end all be all for divorce documents. So I plan on calling the immigration office tomorrow to speak with someone about it.

 

 

What matters is what's on pages 2 and 4 - page 4 is the English translation of page 2 - of HER book. These are personal statements, and can vary. What does HERS say?

 

Pages 3 and 5 should be the notarial official's statement w/English translation.

[RandyW 149]

I'm thinking there should at least be a second signature somewhere - my wife signed her statement (on page 2) in Chinese characters,

[ImagineMe 35]

Yeah after calling USCIS, an officer there told me to just write a letter to send back in the rfe envelope, stating why I sent the White Book as is. If they still still want a judges signature, then they will send another rfe. The 2 people I inquired with left the white book as is just like I did. What a pain.

[ImagineMe 35]

Randy, I have found some of your posts online thru candlelove site and saw that you had your wife create a statement that her divorce is final. I think I shall have my fiance do the same and sign it. Then I will send my own letter with another copy of the divorce white book and tell them that this is all that is given through the chinese system. I think that could help the case.

[ImagineMe 35]

Btw her divorce was uncontested. Her and the ex agreed so its clean.

[ImagineMe 35]

[ImagineMe 35]

[ImagineMe 35]

Ok so the website wont let me upload the last page. But Im sure everyone has seen these exact types of documents. I am preparing for her a statement to send to her to insert her signature and date saying she swears to not being currently married. Then she will send it to me to use in case her father cannot get a signature in Guangzhou. 

[RandyW 149]

3 hours ago, ImagineMe said:

Ok so the website wont let me upload the last page. But Im sure everyone has seen these exact types of documents. I am preparing for her a statement to send to her to insert her signature and date saying she swears to not being currently married. Then she will send it to me to use in case her father cannot get a signature in Guangzhou. 

 

Yes - the US does not dictate the format of Chinese documents - any "special requests" are liable to be rejected by the consulate. A recalcitrant bureaucrat simply creates headaches.

[ImagineMe 35]

When you say special requests, do you mean the letter from my fiance, or trying to get an actual signature from a judge? Little confused as the rfe is for immigration here just to get the 129 cleared. I know that paperwork will go to the Seoul consulate after. Would the consulate in Seoul reject any other signature from an official but accept her letter/statement? Is that what is meant?