Proof of death (split)

[JoeMc 151]

@Greenbaum

Currently our case is still in transit from USCIS to NVC. But,  I have a question...

 

The page for  U.S. Visa: Reciprocity and Civil Documents by Country > China  says that a "Notarial certificate (Gong Zheng Shu)" is the document from China for proof of death. That page states that there are "No Alternative Documents." 

 

After an RFE the USCIS accepted an alternative proof of death for fiance's former husband. (A certified translation of his hospital record summary including hospital death notice/record and a certified translation of fiance's Hukou stating she is a widow. I will spare you the details about the thousands of km of travel and searching required to acquire an 'official' stamped copy of the hospital record summary and death notice/record - he passed away approximately 25 years ago.)

 

My fiance' asked me if this is something we need to worry about at the NVC and Embassy steps of the process... In other words... If the USCIS accepted these alternative documents as proof of death. Will the NVC and Embassy accept them, too? (Is this something we need to worry about or can we assume that the documents the USCIS accepted will also be accepted when she goes for her interview?)

Edited June 13, 2019 by JoeMc

[Greenbaum 12,258]

36 minutes ago, JoeMc said:

@Greenbaum

Currently our case is still in transit from USCIS to NVC. But,  I have a question...

 

The page for  U.S. Visa: Reciprocity and Civil Documents by Country > China  says that a "Notarial certificate (Gong Zheng Shu)" is the document from China for proof of death. That page states that there are "No Alternative Documents." 

 

After an RFE the USCIS accepted an alternative proof of death for fiance's former husband. (A certified translation of his hospital record summary including hospital death notice/record and a certified translation of fiance's Hukou stating she is a widow. I will spare you the details about the thousands of km of travel and searching required to acquire an 'official' stamped copy of the hospital record summary and death notice/record - he passed away approximately 25 years ago.)

 

My fiance' asked me if this is something we need to worry about at the NVC and Embassy steps of the process... In other words... If the USCIS accepted these alternative documents as proof of death. Will the NVC and Embassy accept them, too? (Is this something we need to worry about or can we assume that the documents the USCIS accepted will also be accepted when she goes for her interview?)

You can we assume that the documents the USCIS accepted will also be accepted when she goes for her interview. Now having said that, there is always a slim chance that the embassy may not only because they "know" the local culture and know how things can and cannot be done.

 

Using common sense I think that she should not have a problem. Now let me ask you this. With this evidence can she go to the governmental agency that produces the "Notarial Certificate" and begin the process of putting this to bed once and for all. Don't think it's needed for the interview but if they ask then at least you are in the process of attaining one.

 

At the interview, if they ask questions just explain your situation but keep it condensed and to the point. Let the CO ask the questions, don't volunteer information.

 

Good luck.

[JoeMc 151]

1 hour ago, Greenbaum said:

Using common sense I think that she should not have a problem. Now let me ask you this. With this evidence can she go to the governmental agency that produces the "Notarial Certificate" and begin the process of putting this to bed once and for all. Don't think it's needed for the interview but if they ask then at least you are in the process of attaining one.

When she got the documents from the hospital in Yulin they (the hospital records department) recommended that she go to a notary in Beijing. (According to her household register (Hukou) she is a resident of Beijing. That was the 'local notary public office' for her residence.) Beijing to Yulin is close to 5000 km round trip.

 

When she got home to Beijing she went to the notary the following day and they told her that Yulin was in a different province. So, they would not notarize it.  (And could offer no assurances that a notary in Yulin would notarize it.)

 

The following day she flew to Italy (for work and study).

 

After the case is forwarded to the embassy in China she plans on returning to China for her medical exam and interview. It would be very difficult for her to travel to Yulin right now (because of other commitments/opportunities/obligations and the time and distances involved). Even if she went to Yulin there is no guarantee the notary would issue the document...

 

Side note: I visited Guilin with her in April. It is a city in the same province as Yulin. That notary would not even look at the documents because her household registration is for Beijing, which was not in their province/jurisdiction.... It seems like a huge 'run-around' which is why I eventually sent the USCIS the certified translations.

Edited June 13, 2019 by JoeMc

[Greenbaum 12,258]

2 hours ago, JoeMc said:

When she got the documents from the hospital in Yulin they (the hospital records department) recommended that she go to a notary in Beijing. (According to her household register (Hukou) she is a resident of Beijing. That was the 'local notary public office' for her residence.) Beijing to Yulin is close to 5000 km round trip.

 

When she got home to Beijing she went to the notary the following day and they told her that Yulin was in a different province. So, they would not notarize it.  (And could offer no assurances that a notary in Yulin would notarize it.)

 

The following day she flew to Italy (for work and study).

 

After the case is forwarded to the embassy in China she plans on returning to China for her medical exam and interview. It would be very difficult for her to travel to Yulin right now (because of other commitments/opportunities/obligations and the time and distances involved). Even if she went to Yulin there is no guarantee the notary would issue the document...

 

Side note: I visited Guilin with her in April. It is a city in the same province as Yulin. That notary would not even look at the documents because her household registration is for Beijing, which was not in their province/jurisdiction.... It seems like a huge 'run-around' which is why I eventually sent the USCIS the certified translations.

This is a story IF NEEDED should be told but only if the paperwork doesn't initially past muster. Please keep me updated on your progress.

[Ontarkie 13,930]

~~Split and Moved to the Regional forum, from K1 Progress Reports - As the OP's question is country specific.~~

[RandyW 149]

What's missing here is what the notarial official in Yulin (at the deceased husband's hukou) would say. Hopefully, what you have is enough.