chonguaphilia

Such a relief! Thanks Randy! Thanks to Darnell also!

Genuinely appreciated, Darnell!

Got a new development and will keep your advice close-by and let you know what happens.

Best regards!

Update: She has a Hukou, listing only her and her younger brother; she is listed as the head of the household.

Her Hukou does not list either of her parents.

She has an orginal, one-page document with police stamps bearing her and her parent's names / IDs submitted by her parents requesting her Hukou to be transferred to the same hometown as the parent's Hukou (confused yet?). I suggest this is the most "valuable document" in terms of secondary evidence, as it bears all names. (their Hukou was not successfully transferred).

The leadership of the government in the town where her Hukou is registered (ZiYang) was popped by the anti-corruption movement. Her sister works for the government in that town and indicated that there is meticulous pressure at all levels of the town's administration to detect and report any irregularities and that she (her sister) could not help us to get a birth cert based upon my wife's Hukou / ID Card / Passport and that no one else would be willing to help us out either.

I think that we have no choice but to explain why the birth cert is not obtainable and that the conventional "unobtainable Birth Cert" process, involving the "appropriate government authority" cannot be submitted, in a memorandum that is appended to our K3 submission; this along with a sworn statement from her mother, describing the prescribed parental data as per the directions in the "unobtainable birth cert" procedure, would seem to be the most acceptable approach.

Anybody?

Hey Randy and Jiaying! I think you are right! With the current climate of anti-corruption, it would seem that this will be much more difficult these days.

Wish me luck! Thanks for your feedback!

Hey Wuhan - Much appreciated! She DOES have the standard ID card and a passport; as I understand the situation, these were ill-gotten by way of guang-xi (mums-the-word); the birth date on these records is not her actual birthday, you see.

She is not listed in her family's Hukou.

I'm truly grateful for your feedback!

Please consider that, as described, my wife's birth was illegal due to the one-child policy in China. Therefore, any attempt to legitimize her birth documentation at this point would obviate the notary (who is an agent of the government of the PRC) to report the parents for multiple births, which would invoke legal action and considerable hardship against her parents, who are semi-destitute.

Greetings,

My wife, a citizen of China, has no birth certificate, because she was the third of three girls, in a row, born to parents bent on producing a male heir, so her birth took place in a private residence leaving no trace of documentation; therefore, her name is also absent from their family registration record (Hukou). Finally, her father and mother, who are together to this day, were never married and do not have a marriage certificate.

Her parents never paid any fines or other restitution to the state on account of scoffing at the one-child law. Therefore, in order to process a legitimate birth certificate for my wife, would obviate her parents to concede having multiple children and therefore cause them considerable hardship, as they are semi-destitute and on a fixed income.

My wife does have a Chinese ID Card - somewhat like our driver's licenses in the states. She also has a passport.

The USCIS webpage instructs the following regarding unobtainable birth records:

"Unobtainable birth certificates

If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable. You must also submit secondary evidence such as:

• A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)
• An adoption decree for an adopted child
• An affidavit from a close relative, preferably your mother, stating the date and place of birth, both parents names, and your mother’s maiden name.

More specific information is available from the NVC, the nearest U.S. immigrant visa processing post, or online at Reciprocity by Country.

Note: An affidavit executed before an official authorized to take oaths or affirmations must also be provided. More specific information is available from the NVC."

However, these options obviate the family to turn themselves in for breaking the one-child policy, because the notaries in China are not like their counterparts here in the states - they are actual government officials sworn to report infractions.

My wife is a wonderful lady and she did not ask to be born into such an undocumented mess; I did know that she had multiple siblings, but I did not approach our courtship such as, "hey, let's go steady, but first let me see your papers..."; that's just not how it works.

Does anyone have or know of a similar situation in which the spouse of a US citizen had these challenges of absent documentation? Certainly this situation is not novel.

I appreciate any advice - please help out if you can.

Thank you in-advance and best regards to all,

JD