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Brian & Kathy

I-485 RFE China Birth Certificate/White Book

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My wife and I are petitioning for her parents from China to adjust status. They came here on a visitor’s visa and we decided to file I-130 and I-485 simultaneously prior to overstaying the visa. Regarding the I-485, application for adjustment of status, we recently received a RFE:

You have submitted a family census register, family relation register or a notarial certificate. However, the evidence you submitted does not contain the applicant's name. You must submit a family census register, family relation register or a notarial certificate that contains the applicant's name.

Title 8 Code of Federal Regulations, Section 103.2(b)(2)(ii) states:

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. It must contain the following:

A legible seal

A legible stamp

A signature with a title containing the words: secretary, registrar or births and deaths

Prior to submitting the application, we knew there would be a possible issue. My parents in law have no birth certificate, as at that time the Chinese government did not issue them.

Long story short, to obtain this document, my parents in law must travel to China to obtain it in person. The catch 22 is that if they travel outside of the country now, the I-485 petition will be considered abandon. Any advice?

I plan to call the USCIS customer service line tomorrow to ask some specific questions, however my experience has been this is useless.

We made every attempt to obtain the required certificate from the China office before sending the petition. We wrote, signed and notarized several different letters as requested by the China notarial office. Each time we submitted a document to the china notarial office, they requested a more outlandish document instead, saying the letter they requested previously was insufficient. Finally, we submitted with the I-485 all of the letters we had made attempting to obtain the certificate from the china office, along with an explanation of why we could not obtain it, and their Chinese Family Registration Book (and of course a translation of it).

Again, catch 22. We can't get the document without appearing in China in person to get it, and we can't leave the US until the request for advance parole is approved or forfeiting the I-485 petition.

The last requested document from the china notarial office was a request for notarized letters from the Chinese embassy here in the US, stating that her parents are in the US and request the notarial certificate. The nearest embassy is in Chicago, 500+ miles away. As a family of 6 with a 19 month old and a 3 month old, that is a difficult request. Based on the 3 previous attempts to provide letters, they would then request a more outlandish document to provide the requested certificate. None the less, we will attempt to contact the embassy to see if they could even provide such a document.

Frustrated and turning in circles with both governments.


Together - Forever!!

============================

Knew eachother in August 2005

First trip in January 2007

Second trip in July 2007

Tried F1 student visa in August 2007, denied

Engaged in September 2007, WOW

Third trip in January 2008

K1 visa approved in July 2008

Fourth trip in July 2008

Arrived in the U.S. in August 2008

Parents visited U.S. in October 2008

*********************************

Looking forward to visit China in July, 2009

----------------------------------------------

September 24th, 2007 - Sent Petition to CSC

November 7th, 2007 - Issued NOA1

November 13th, 2007 - Received NOA1 hardcopy in hand (48 days)

February 13th, 2008 - Issued NOA2

February 16th, 2008 - Received NOA2 hardcopy in hand (143 days)

February 29th, 2008 - NVC mailed our Petition to GUZ

April 22nd, 2008 - GUZ received our Petition

May 9th, 2008 - Received P3 from GUZ (226 days)

June 7th, 2008 - Received P4 from GUZ

July 3rd, 2008 - Seal the Medical Packet in Shanghai

July 7th, 2008 - INTERVIEW DATE!!! (285 days) PASS

July 9th, 2008 - Visa in Hand

August 1st, 2008 - Entry to the US, TOGETHER AT LAST!

October 3rd, 2008 - Our Wedding Day

October 31, 2008 - Sent Adjustment of Status documents

December 5, 2008 - Biometrics appointment

January 13, 2009 - Travel Document approved

January 21, 2009 - Employment Authorization approved

April 23, 2009 - Green Card approved

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You can petition parents this way?

I-130 for immediate relatives includes parents.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I meant them coming on a visitor's visa and then adjusting them while they're here.

Yes, that is what I was answering. They can file an I-130 and I-485 at the same time. They are eligible to file an I-130 for a parent.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who May File Form I-485?

You may apply to adjust your status if:

A. An immigrant visa number is immediately available

to you based on an approved immigrant petition; or

B. You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Yes, that is what I was answering. They can file an I-130 and I-485 at the same time. They are eligible to file an I-130 for a parent.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Thanks, I was just making sure my question was clear.

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