How to Get Chinese Birth Certificate/ Can't obtain birth certificate

[Joseph14 0]

Hi everyone, first-time poster here. I found this forum after Googling information about getting a birth certificate in China, but no one seems to have run into our exact issue, so I figured I'd ask. 

 

My wife needs a birth certificate to apply for a green card in the U.S. I'm a U.S. citizen; she is Chinese. She was born pre-1996, so there is no electronic record of her birth. She has a paper birth certificate, but the hospital didn't write her name on it, and her parent's names are misspelled (actually, they used the wrong character, but you get the idea...). So when we went to the notary's office, they said there was nothing she could do. They refused to issue a new one. And apparently the hospital doesn't have a record of her birth to use as evidence. I have read that USCIS accepts alternative documents to in lieu of birth certificates, but I haven't found an example of someone who successfully pulled that off. 

 

Has anyone had experience with supplying alternative proof, and if so, what did you do? Thank you, in advance. 

Edited June 12, 2019 by Penguin_ie
edited title for pin

[Cathi 5,609]

She won't be applying for a green card. You will be filing a petition for a spouse visa for her to immigrate here. The green card comes after she arrives in the US.

[Joseph14 0]

Hi Cathi, thank you for the quick reply. Yes, that's right. My petition to sponsor her was already approved, and now we're in the process of getting all the documents to deliver to the NVC, one of which is the birth certificate. 

[Pitaya 2,576]

47 minutes ago, Joseph14 said:

Hi everyone, first-time poster here. I found this forum after Googling information about getting a birth certificate in China, but no one seems to have run into our exact issue, so I figured I'd ask. 

 

My wife needs a birth certificate to apply for a green card in the U.S. I'm a U.S. citizen; she is Chinese. She was born pre-1996, so there is no electronic record of her birth. She has a paper birth certificate, but the hospital didn't write her name on it, and her parent's names are misspelled (actually, they used the wrong character, but you get the idea...). So when we went to the notary's office, they said there was nothing she could do. They refused to issue a new one. And apparently the hospital doesn't have a record of her birth to use as evidence. I have read that USCIS accepts alternative documents to in lieu of birth certificates, but I haven't found an example of someone who successfully pulled that off. 

 

Has anyone had experience with supplying alternative proof, and if so, what did you do? Thank you, in advance. People born pre-1996 use Notarial Certificates, read below and the link provided. 

Is she listed in her family's Hukuo Book?  Did you read the pinned thread at the top of the China Regional Forum Page, Chinese Marriage Visa Terms and Definitions, https://www.visajourney.com/forums/topic/393969-chinese-marriage-visa-terms-and-definitions/ ? The first five defined terms may be of use to you about family Hukuo Book, Notarial Certificate, birth certificates, abstractions, etc.

 

Good luck on your immigration journey.

 

Edited June 11, 2019 by Pitaya (火龙果)

[givionte 138]

If you can't obtain a birth certificate, you may be able to obtain an Initial Birth record is relevant document from the Household Registration Department of the local Public Security Bureau.  Failing that, you may have to go to the Personnel Department of Work Unit office to get proof of birth issued, either of which can be used to obtain the notarial certificate of birth.

 

Depending where your spouse lives, where you need to go could vary.  I imagine she'll have to do some asking around at the PSB or local police office, who may be able to direct her to the right place to obtain proof of birth, and may take several trips running around to finally get somewhere.  The notarial office can't notarize anything until you hand them an official document.  Be sure she has her hukou, her parents identification numbers, and other proof of the family.

[Joseph14 0]

Pitaya and Givionte, thank you both. I'll take this information and see where it gets us. 

[visafrompa 9]

You could also submit secondary evidence like letters from family.  If your fiancee is from a village you can quickly come to a dead end and, and at the most, only submit secondary evidence.

 

The real issue is the verify the identity of the person.  That can be done with letters from relatives or even employers.

 

Hoku's are not even considered primary evidence as they are so easy to get fakes/rampant fraud.   

 

 

[RandyW 149]

Notarial birth certificates are issued by the Chinese notarial offices.  Your wife is in the same boat as EVERY other Chinese citizen. If she has a Chinese ID card, she can get a notarial birth certificate, which is standard issue, and what the Consulate EXPECTS.

 

The hukou is the Household Registry which contains the information used to produce the white books.
 
Notarial Certificate of Birth
 
Most confusion with the Chinese Notarial Documents is with the Notarial Certificate of Birth. Prior to 1996, birth certificates were not issued at birth. A notarial certificate with translation must be generated from the hukou. Note that if the applicant is no longer in their parents' hukou, they may need to provide other certified evidence to indicate the parents' names.
 
A notarial certificate is NOT necessarily a translation of an existing document. It is a statement BY the notarial official based on the evidence you present as to the facts of the matter. In other words, the Notarial Certificate of Birth will be generated ON THE SPOT at the Notarial Office, or Gong Zheng Chu (公证处). If they demand that you produce a "birth certificate" for them to certify, you may need to get creative, such as by going back to the PSB to get a certified statement of the facts needed for the Notarial Certificate of Birth. If the applicant is no longer on their parents' hukou, they MAY need to go to the hometown PSB where they were originally registered.
 
The notation on the notarial birth certificate is 出生公证书, or chu sheng gong zheng shu, which is what you need to ask for at the Gong Zheng Chu, or 公证处֤֤֤.
 
A sample Notarial Certificate of Birth may be found at http://candleforlove...books/?p=626052
 
Chinese Notarial Documents - see DOS China Reciprocity Schedule

 

NOTE: If the link is broken, try http://travel.state.gov/ and search for "Reciprocity by Country" (they seem to change this periodically)

 

Most of the documents needed can be obtained from one of China's Notarial Offices (Gong Zheng Chu, or 公证处֤֤). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates (known as "white books"). Notarial offices are located in all major Chinese cities and in rural county seats

 

Google 上海公证处, substituting the name of your home city.

The documents required are the GongZhengShu (公证书֤) ֤֤ or Notarial Certificate.

 

Sample application for documents (your province or hukou may vary):

 

http://bnpo.gov.cn/en/en_index

A discussion of the huji (or hukou system can be found at Hukou System. Chinese residents should go to their hukou for all notarial documents (birth, divorce, and/or single certificate, and police records). For the police record, one obtained at the hukou will cover all of China.

A notarial document will be in the standard white notarial booklet, have an official red seal, an English translation, and an attestation to the true translation.

 

Edited June 11, 2019 by RandyW

[RandyW 149]

13 hours ago, Joseph14 said:

Hi everyone, first-time poster here. I found this forum after Googling information about getting a birth certificate in China, but no one seems to have run into our exact issue, so I figured I'd ask. 

 

My wife needs a birth certificate to apply for a green card in the U.S. I'm a U.S. citizen; she is Chinese. She was born pre-1996, so there is no electronic record of her birth. She has a paper birth certificate, but the hospital didn't write her name on it, and her parent's names are misspelled (actually, they used the wrong character, but you get the idea...). So when we went to the notary's office, they said there was nothing she could do. They refused to issue a new one. And apparently the hospital doesn't have a record of her birth to use as evidence. I have read that USCIS accepts alternative documents to in lieu of birth certificates, but I haven't found an example of someone who successfully pulled that off. 

 

Has anyone had experience with supplying alternative proof, and if so, what did you do? Thank you, in advance. 

 

 

This is NOT a birth certificate - it is simply a hospital receipt.

 

The notation on the Notarial Birth Certificate is 出生公证书, or chu sheng gong zheng shu, which is what you need to ask for at the Gong Zheng Chu, or 公证处 - it is produced from her hukou book.

 

If you are unable to obtain one, you will need to explain why. You apparently have yet to even try.

Edited June 11, 2019 by RandyW

[Ontarkie 13,902]

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