RFE for Birth Cert, after Biometrics, While in the US on Travel Visa! Need some help Please

[Lovinghusband520 0]

Not sure if the topic explains correctly what I want to sum up so we get some members to read this post with any guidance they may have.

 

I have read through a lot of post here, and though some similar nothing exactly the same nor close enough for me not to need to post this topic, again I hope I also placed this in the right section as well.

 

Here's a little background information: My wife and I recently got married in March, I am a US Citizen, and she is Chinese. We had come back from visiting her family in China for the Chinese New years, and on a romantic night, I proposed. We got married the week after while my wife was still on her B1 travel visa. We did not expect to get married like this so of course we looked at all the things we needed to do. If only we would of been thinking about marriage we could of gotten her needed birth cert and had a Notarial Birth Cert made while there before leaving. But since we actually didn't plan this now we are lost on what next. We Applied for the full Immigration process. I-485 I-130 I-765 etc. We prepared everything we had as documents, and even had her family mail us (what we thought was her birth certificate) She was born in 1994 so all she has is a small document from the hospital with her families name, her name, date, stamp and hospital sig. We had this translated and submitted all the forms.

 

Now to the problem. All was accepted and had no issues, we thought this was great news! She just finished her biometric Finger Prints about 3 weeks ago, so once we got a letter in the mail I was super excited it was her EAD or something good! No was I wrong! It was an RFE asking for more evidence of her birth Certificate. It states that they will only accept Long-Form Birth Certs, which to me means I would need to get her the Notarial Certificate Notarial Birth Cert 出生公证书, or chu sheng gong zheng shu.

 

Our dilemma, She is currently here in the US on her Travel Visa which expires in Aug. We applied for this process with all the documents we could get from here and from china directly. We have spoken to her family, they have gone to great length to try and get her a Certificate Notarial Birth Cert , but have been unable to do so. Here's the facts to why. Her mother is no longer with us, rest in peace. Her father was married to her  6 years after my wife was born, my wife was never listed under her father's hukou only her grandmother, Her grandmother is still here with us thank god. They do not have a marriage cert to prove to the Certificate Notarial so they requested a hair sample for DNA, once we sent the hair sampled in express mail, the office then said they would need her to come as well to get proof. Now the biggest problem is how do we get her this or can we do secondary evidence somehow? I do not feel safe for her to leave the country while on her B1 Visa that will expire soon during our immigration process. I would HATE MY SELF if she was denied reentry to the US for any reason while trying to get the documents the USCIS is asking for. I'm really not even sure what can be done but we have 80 days to do it now. Can I get this birth cert any other way? Can her family do anything else without her having to fly back to china? and what are all the risk if doing so?

 

Thanks in Advanced! I will post more details if I find any.

[Crazy Cat 39,218]

Did she receive a valid Advance Parole document?  If not, she should wait before traveling outside the US......else she will abandon her adjustment of status.

 

My point is that her traveling back to China soon is not an option.

Edited July 19, 2019 by missileman

[Crazy Cat 39,218]

You might want to read this: https://www.avvo.com/legal-answers/can-i-travel-with-valid-b1-b2-visa-while-waiting-f-1392196.html

[Lovinghusband520 0]

That was the problem We did not apply for Advance Parole since we did not plan to leave the country at all, and we do not want to abandon our application. too costly and timely. Thanks

[samnrong 52]

This may be a case where you need to get a lawyer involved. The consulate likely

will need this certificate as it’s widely available and your current circumstances do not sound like they’d qualify for a waiver (i.e., not planning in advance and not wanting to leave the country likely do not mean a certificate is unobtainable).

 

As far as getting the certificate without her physically being present in China, you’re likely at the mercy of the Chinese authorities. There are certainly professionals out there who specialize in cases like these and likely have the requisite experience and connections to get it done, but it will cost you $$$.

[visafrompa 9]

On 7/19/2019 at 12:54 PM, Lovinghusband520 said:

If only we would of been thinking about marriage we could of gotten her needed birth cert and had a Notarial Birth Cert made while there before leaving.

And this would be visa fraud.   You must be lucky not to get the ban hammer.  I'm also surprised you didn't get a Stokes Interview for marrying so quick after she entered the country.

 

On 7/19/2019 at 12:54 PM, Lovinghusband520 said:

They do not have a marriage cert to prove to the Certificate Notarial so they requested a hair sample for DNA, once we sent the hair sampled in express mail, the office then said they would need her to come as well to get proof.

Lol wut?  Did the family tell you this or did you get a letter from the PSB?  My cynical side tells me you paid for nothing and they threw your 'sample' away after the money transferred.

 

If you married on a B-1 and submitted the I-130 your wife is in limbo.  She can leave, but she ain't getting back in.  

 

You have two options:  Hire a legal service in the city of her birth (thoroughly hong bao them) and hope they have connections to get the certificate OR send her home, IR-1 it and wait it out.

 

Cost wise the IR-1 would be cheaper, as any 'legal service' is gonna be just as expensive as flying PLUS the IR-1.

Edited July 22, 2019 by visafrompa

[Lovinghusband520 0]

Alright Thanks for all the info and help provided. I was able to have her family figure it out over in China. We got the Notarial Birth Cert and they sent me photo copies so I can submit while waiting for them to arrive to use in the Mail.

 

One quick question, It comes with a translation, do I still need to use another service to translate it before submitting it to them? Thanks in Advanced

 

[samnrong 52]

On 8/5/2019 at 10:33 PM, Lovinghusband520 said:

Alright Thanks for all the info and help provided. I was able to have her family figure it out over in China. We got the Notarial Birth Cert and they sent me photo copies so I can submit while waiting for them to arrive to use in the Mail.

 

One quick question, It comes with a translation, do I still need to use another service to translate it before submitting it to them? Thanks in Advanced

 

No the translation in the white book is all that’s required.