Request for Evidence: Father Name on Birth Certificate is inconsistent with Father Name in the Form (due to divorce)

[RN_Zhang 0]

Dear friends, 

I got a complicated and challenging situation. I received RFE about the birth certificate having an inconsistent parent name with the Parent information provided in the Form.

 

On my birth certificate, it was my first stepfather's name. My birth father just left me when I was born, so there wasn't enough time to get a birth certificate from him. Then my mom and my first stepfather divorced and my mom started to be with my current father when I was 10. He raised me and supported my schooling, but they never had a formal marriage certificate. At the time, I didn't realize that, so I naturally put my current father (second stepfather)'s name in the form. Now what I should do to respond to the RFE?

 

I have messaged USCIS, not sure whether they will give any specific instructions. Should I just get a translated version of my birth certificate and the divorce certificate of my mom and my first stepfather? 

 

Btw, where can you get a certified translation service? 

Your help would be much appreciated!

 

Sincerely,

A lady with a complicated family background

Edited July 27, 2023 by RN_Zhang

[Timona 4,207]

What visa process are you applying for? CR-1? H1-B?

And are you applying a benefit for yourself or for your parents?

[RN_Zhang 0]

I am applying for CR1 for myself, my husband is an American citizen. 

Your signature is so true....Glad to also see another Texan!

[RandyW 149]

1 hour ago, RN_Zhang said:

Dear friends, 

I got a complicated and challenging situation. I received RFE about the birth certificate having an inconsistent parent name with the Parent information provided in the Form.

 

On my birth certificate, it was my first stepfather's name. My birth father just left me when I was born, so there wasn't enough time to get a birth certificate from him. Then my mom and my first stepfather divorced and my mom started to be with my current father when I was 10. He raised me and supported my schooling, but they never had a formal marriage certificate. At the time, I didn't realize that, so I naturally put my current father (second stepfather)'s name in the form. Now what I should do to respond to the RFE?

 

I have messaged USCIS, not sure whether they will give any specific instructions. Should I just get a translated version of my birth certificate and the divorce certificate of my mom and my first stepfather? 

 

Btw, where can you get a certified translation service? 

Your help would be much appreciated!

 

Sincerely,

A lady with a complicated family background

Your father's name is listed on the birth certificate, no?? Whether this is biologically correct  or not, that would seem to be your father's name in any legal sense. What is the question here??

Do you have an actual Medical Certificate of Birth - 出生医学证明 (chu sheng yixue zheng ming). You generally will NOT want one of these, unless you know that one was issued at birth - AFTER 1993.

Or do you have a Notarial Birth Certificate 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.

 

Either type of birth certificate INCLUDES the father's name, according to the Chinese records. The Notarial Birth Certificate INCLUDES a certified English translation. Immigrations officials in the past have insisted that a Medical Certificate of Birth - 出生医学证明 be submitted in the form of a Notarial Certificate, even though the Medical Certificate is bilingual Chinese/English.

[Ontarkie 14,275]

As I understand it, your biological father was never listed on your BC? Your 1st step father is listed on the BC? Then when you filled in the immigration forms you listed the man you call your dad as your father? 

 

If got this right then get the birth certificate fixed with either bio dads name or left blank if that is possible.

 

If you cannot get your bio dad listed on your birth certificate you leave it blank and then you can leave that place blank on the immigration forms. Then you can write a note that in error you listed your step father as he was the one who raised you. 

Edited July 27, 2023 by Ontarkie

[RandyW 149]

12 minutes ago, Ontarkie said:

As I understand it, your biological father was never listed on your BC? Your 1st step father is listed on the BC? Then when you filled in the immigration forms you listed the man you call your dad as your father? 

 

If got this right then get the birth certificate fixed with either bio dads name or left blank if that is possible.

 

If you cannot get your bio dad listed on your birth certificate you leave it blank and then you can leave that place blank on the immigration forms. Then you can write a note that in error you listed your step father as he was the one who raised you. 

No - Chinese "birth certificates" will list a father. Whatever forms are being submitted to USCIS need to reflect the existing Chinese records. This is NOT a good opportunity to try to change existing records. Chinese authorities will generally refuse to make "on demand" changes, such as what you are suggesting.

She seems to already have a birth certificate. That should clear up any confusion about what the form being submitted needs to reflect.

Edited July 27, 2023 by RandyW

[Ontarkie 14,275]

37 minutes ago, RandyW said:

No - Chinese "birth certificates" will list a father. Whatever forms are being submitted to USCIS need to reflect the existing Chinese records. This is NOT a good opportunity to try to change existing records.

She seems to already have a birth certificate. That should clear up any confusion about what the form being submitted needs to reflect.

Even if the birth certificate list a man who is not her father?

Submitting documents with errors can bite her in the butt. 

Edited July 27, 2023 by Ontarkie

[RN_Zhang 0]

Thank you so much for your responses! Yes, I do have a Medical Birth Certificate. So I probably need to have a notary version of it? 
Then should I also submit the translated version of the divorce certificate of my first stepfather (the man on the birth certificate) with my mom to explain the inconsistency? 

[RandyW 149]

37 minutes ago, Ontarkie said:

Even if the birth certificate list a man who is not her father?

Submitting documents with non errors can bite her in the butt. 

 

 

Yes they can. Be careful what you advise. The father is listed on the birth certificate, until that can be legally changed. That is usually noit advisable when you are submitting applications to USCIS.

Immigrations authorities expect legal documentation to represent what is on the record.
 

[RandyW 149]

27 minutes ago, RN_Zhang said:

Thank you so much for your responses! Yes, I do have a Medical Birth Certificate. So I probably need to have a notary version of it? 
Then should I also submit the translated version of the divorce certificate of my first stepfather (the man on the birth certificate) with my mom to explain the inconsistency? 

 

 

You seem to be asking what your father's name is. My advice is to simply look at the birth certificate, where it says "Father". This is NOT an opportunity to change that. You'll see part way down the certificate where it says, in English, "Full name of Father". Applications submitte4d to the USCIS should reflect your father's name as listed on the birth certificate.

 

As of pre-pandemic times, the consulate in Guangzhou was still asking for the "white book" format of medical birth certificates. 

 

This is a redacted (and difficult to read) copy of a Medical Birth Certificate.

 

IF one is required, you can ask for a Notarial Document or Certificate based on the Medical birth certificate. The designation for the Notarial Certificate is Gong Zheng Shu, or 公证书.

 

They should be able to generate a Notarial Certificate from ANY document, not just those based on the hukou. Ask for a 出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū.

 

If they still refuse, then I would simply turn in the birth certificate as is, along with an explanation that the Notarial Certificate could not be generated, and identify the Gong Zheng Chu, or 公证处 that declined it.

 

The Guangzhou consulate has REQUIRED the notarial certificates of medical birth (出生医学证明公证书), but the USCIS in the United States MAY NOT need it. The medical birth certificate is already in English AND Chinese.

Edited July 27, 2023 by RandyW

[RN_Zhang 0]

Yes, I already submitted that Medical Birth Certificate, but they are asking for it in the RFE.

 

This is their letter says:

 

The applicant, XX, must submit a copy of their birth certificate issued by the appropriate civil
authority in their country of birth. We will only accept a long-form birth certificate which lists at least one
parent. If the document is in a foreign language, the applicant must include a full English translation along with
a certification from the translator verifying that the translation is complete and accurate, and that they are
competent to translate from the foreign language to English. The applicants name listed on the I-485 application
submitted does not match the applicants name listed on the birth certificate submitted. The applicants parents
names listed on the I-485 submitted do not match the parents names listed on the applicants birth certificate
submitted.

 

Maybe then I should submit a translated version and request to change the Father information in the form to be consistent with the birth certificate? 

Edited July 28, 2023 by milimelo
Removed applicants full name

[RandyW 149]

17 hours ago, RN_Zhang said:

Yes, I already submitted that Medical Birth Certificate, but they are asking for it in the RFE.

 

This is their letter says:

 

The applicant, XX, must submit a copy of their birth certificate issued by the appropriate civil
authority in their country of birth. We will only accept a long-form birth certificate which lists at least one
parent. If the document is in a foreign language, the applicant must include a full English translation along with
a certification from the translator verifying that the translation is complete and accurate, and that they are
competent to translate from the foreign language to English. The applicants name listed on the I-485 application
submitted does not match the applicants name listed on the birth certificate submitted. The applicants parents
names listed on the I-485 submitted do not match the parents names listed on the applicants birth certificate
submitted.

 

Maybe then I should submit a translated version and request to change the Father information in the form to be consistent with the birth certificate? 

Yes - the names listed on your application should reflect the names listed on the birth certificate.

 

I'm not sure, but I don't think they're asking for a translated version or "white book" version. But if you can easily obtain a  出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū at the Gong Zheng Chu, or 公证处, you may want to go ahead and do so.

You may need to explain the Chinese characters which I expect are what the Medical Birth Certificate shows for your name. In fact, it looks like the birth certificate is filled out with only Chinese characters, so, yes - the "white book" format may be necessary.

Edited July 28, 2023 by milimelo
removed name of applicant in quotes

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to the China regional forum, for country-specific input ***