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klee030

RFE Chinese Birth Certificate AOS - Need HELP!!!

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I filed for AOS based on marriage. For birth certificate I got the Chinese Notarial Certificate (the white booklet) issued by Gong Zheng Chu. The Notarial Certificate contains my birth information in Chinese and then in English on the following pages. I got an RFE stating that I need to submit an English translation of the foreign language birth certificate.

 

The Notarial Certificate I submitted has all the necessary English translation, and is deemed the standard for all Chinese applicants. What's wrong? 

 

Does this Notarial Certificate count as Birth Certificate? I was born before 1996 in China, so no official birth certificate was available back then. However online, it is said that the Notarial Cert IS the Birth Cert. Is that correct?

 

I've consulted my lawyer. She said I will need to have someone to translate and notarize and state that the person understands both Chinese and English. Do I need to repeat exactly what the translation says on my Notarial Cert, and have another person sign and notarize and state that s/he understands both languages? That just sound ridiculous.

 

I also went to talk to an immigration officer through infopass. He said his guess is that they don't understand what file it is, since there are two pages in Chinese and not a single English words. He said I should include a cover letter saying that my birth cert is not available, and what the notarial cert is. Also on the notarial cert's Chinese page, put a sticky note saying that the translation of this page is on the next page. USCIS sates that if birth cert is not available, you will need government titled letter stating why it is not available. Do I need to do that? How can I do that?

 

Anyone faced with similar situations? Almost all threads online says that the Notarial Cert form Gong Zheng CHu is exactly what is needed. I got RFE anyways... And no one knows for sure what is going on. 

 

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I would include a cover letter explaining what the document exactly is, that it is including a translation and that you yourself in well-versed in both languages and can confirm the translation (better wording on that can be found on this website if you search birth certificate translation). Another option is to find a certified Chinese translator and have them do the same and include their statement in the cover letter.

Also it is recommended that you search on this website https://travel.state.gov/content/visas/en/fees/reciprocity-by-country.html

for the kind of document they need from Chinese nationals and include a printed copy of this reciprocity page for the country showing that you are providing them with the document that is asked for.

I hope this is helpful and someone from China with more knowledge can help out more maybe.

Good luck!


 

K-1 and AOS timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                            04/20/2017 - Mailed AOS package

07/19/2016 - NOA1 (California Service Center)                 04/23/2017 - AOS package delivered

09/02/2016 - NOA2 (45 days)                                         04/29/2017 - AOS text and email notifications

09/15/2016 - NVC case number assigned                         05/04/2017 - NOA1 received for AOS, EAD, AP

09/29/2016 - Case is "Ready" at embassy                        05/22/2017 - Biometrics taken

10/06/2016 - Got an interview date!                                06/14/2017 - Case is Ready to Be Scheduled for Interview

11/06/2016 - Scheduled the medical!                               08/03/2017 - Interview is Scheduled

12/06/2016 - Medical done!                                            09/06/2017 - Interview time!

12/12/2016 - Interview done! Visa approved!                   09/06/2017 - RFE for (lost) medical

12/16/2016 - Visa issued                                                09/19/2017 - New medical submitted (in person)

12/19/2016 - Passport with visa, envelope in hand             09/26/2017 - New Card is Being Produced (online update)

01/11/2017 - POE!!!                                                       09/29/2017 - Received I-797 Approval Notice - Card Was Mailed to Me

04/06/2017 - Married                                                     10/04/2017 - Green card in hand!

 

 

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https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/CH.html

Click on Birth, Death and Burial Certificates.

I would highlight the relevant portion.

 

 

Edited by cyanmavi

 

K-1 and AOS timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                            04/20/2017 - Mailed AOS package

07/19/2016 - NOA1 (California Service Center)                 04/23/2017 - AOS package delivered

09/02/2016 - NOA2 (45 days)                                         04/29/2017 - AOS text and email notifications

09/15/2016 - NVC case number assigned                         05/04/2017 - NOA1 received for AOS, EAD, AP

09/29/2016 - Case is "Ready" at embassy                        05/22/2017 - Biometrics taken

10/06/2016 - Got an interview date!                                06/14/2017 - Case is Ready to Be Scheduled for Interview

11/06/2016 - Scheduled the medical!                               08/03/2017 - Interview is Scheduled

12/06/2016 - Medical done!                                            09/06/2017 - Interview time!

12/12/2016 - Interview done! Visa approved!                   09/06/2017 - RFE for (lost) medical

12/16/2016 - Visa issued                                                09/19/2017 - New medical submitted (in person)

12/19/2016 - Passport with visa, envelope in hand             09/26/2017 - New Card is Being Produced (online update)

01/11/2017 - POE!!!                                                       09/29/2017 - Received I-797 Approval Notice - Card Was Mailed to Me

04/06/2017 - Married                                                     10/04/2017 - Green card in hand!

 

 

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