Help!! Children's birth certificate

[Tang Gui Hua 0]

Hello, everyone. I have recently received NOA2. I am in Canada right now and my home country is in China. I have one son who is living with my ex-husband in China. When I am preparing the forms for interview, I found that I need my son's birth certificate. I tried to talk to my ex-husband but he is very mean, such an #######. He said no and even didn't answer my phone. So that means I can't get my son's birth certificate recently. Maybe I need go back to China and go to the court to sue him and I can get this certificate. Of course I must list my son on my forms but I will not apply visa for him this time. I am not sure in the future if I will bring him to states or not. But the problem is that right now if I can get the visa if I don't have my son's birth certificate. If I can not, How I supposed to do?? Please help me and give me some advice.

[bigdog 376]

Use an immediate family member, exes are always fun, you will need at documents for him.

[Tang Gui Hua 0]

Thanks. I am sorry. I don't understand you.

[JimVaPhuong 4,863]

I don't understand. You're applying for a K1 visa in Canada, and your son is in China with your ex-husband. Why do you need your son's birth certificate? Is he also applying for a visa?

[Dante & Geor 36]

I don't understand. You're applying for a K1 visa in Canada, and your son is in China with your ex-husband. Why do you need your son's birth certificate? Is he also applying for a visa?

k-1 instructions states you must bring all your children birth certificates, even though they are not applying with you for the visa (well at least my instructions said so...)

[JimVaPhuong 4,863]

k-1 instructions states you must bring all your children birth certificates, even though they are not applying with you for the visa (well at least my instructions said so...)

Interesting. My wife came on a K1, and the instructions she got from the consulate just said to bring birth certificates for "each applicant", as well as birth certificate for petitioner. It didn't say anything about bringing birth certificates for all of her children.

[Tang Gui Hua 0]

It is mentioned on the form DS-156K.

[JimVaPhuong 4,863]

It is mentioned on the form DS-156K.

Ok, I understand now. You're correct, it is mentioned on the DS-156K. My wife has three kids, but only brought birth certificates for the two who were applying for K2 visas. The third was over 21, so her birth certificate wouldn't have been required according to the DS-156K instructions because she wasn't listed in section 5.

I'm really not sure how you should handle this. Theoretically, the child's birth certificate should be irrelevant if the child isn't going to be applying for a K2 visa. Maybe you should send an email to the consulate, explain your situation, and ask if the birth certificate will be required. The DS-156K instructions also mention that all of the documents listed will also be required for adjustment of status, and that's not true if the child isn't going to be getting a K2 visa.

[Tang Gui Hua 0]

I really hope so. Thanks. My dear friend.

[Tang Gui Hua 0]

Still need help.

[baron555 934]

Hello, everyone. I have recently received NOA2. I am in Canada right now and my home country is in China. I have one son who is living with my ex-husband in China. When I am preparing the forms for interview, I found that I need my son's birth certificate. I tried to talk to my ex-husband but he is very mean, such an #######. He said no and even didn't answer my phone. So that means I can't get my son's birth certificate recently. Maybe I need go back to China and go to the court to sue him and I can get this certificate. Of course I must list my son on my forms but I will not apply visa for him this time. I am not sure in the future if I will bring him to states or not. But the problem is that right now if I can get the visa if I don't have my son's birth certificate. If I can not, How I supposed to do?? Please help me and give me some advice.

YOu have to list all your children on the 129f form. If you intend to have him come here as part of your K-1, as a K-2, then that needs to be done within one year of the issuance of your K-1 or else you have to pursue a different visa path for him later.

You would need the BC for his interview, not in the beginning....so there is time to get it.

And many Embassies require a notarized written permission from the other parent, regardless of your marital status, allowing the child to immigrate permanently to the US. This can be a show-stopper for sure. Money usually makes them change their mind.

Edited August 26, 2011 by baron555

[Tang Gui Hua 0]

To friend Baron555: Thanks. Do you mean that I can get my K-1 visa if I don't have my son's birth certificate because my son will not come with me this time?

[JimVaPhuong 4,863]

YOu have to list all your children on the 129f form. If you intend to have him come here as part of your K-1, as a K-2, then that needs to be done within one year of the issuance of your K-1 or else you have to pursue a different visa path for him later.

You would need the BC for his interview, not in the beginning....so there is time to get it.

And many Embassies require a notarized written permission from the other parent, regardless of your marital status, allowing the child to immigrate permanently to the US. This can be a show-stopper for sure. Money usually makes them change their mind.

Please read the entire thread. She is applying for her K1 visa in Canada. The child is in China living with his father. He won't be applying for a K2 right now. However, the DS-156K requires the applicant to list all children under 21 years old, and to submit birth certificates for every child listed. Her dilemma is whether the consulate is going to require her to bring her son's birth certificate because the form indicates it's required.

[Robert&Karen 264]

Same here, she has children over 18 not coming to the USA but we need their birth certs. Not cheap!

[Casprd 167]

If your son is listed in your families hokou then any family member should be able to get a copy of his birth certificate and have it notarized. We were able to do this for my wife for several documents. For the police certificate as long as the person requesting the document was listed in the same hokou then it was ok. I would think that will work for birth certificates as well.