BFH

Just wanted to post a quick update in case anyone comes across this and is having similar problems or questions re: the 221(g). we were able to obtain the birth certificate and submit it about a month after receiving the 221(g) form (denied via 221(g) mid-November - birth certificate, passport and tax returns submitted mid-December). Just this week (February 6) we saw that her visa has been printed and issued! We’re waiting for her passport to be returned to us from Guangzhou and are now making arrangements to move to the US in early April. thanks to everyone in this thread for the advice and support. It’s been a real mission but it finally feels like it’s paid off.

In the past, we'd tried contacting multiple government offices (including the Notarial Office) to try to get the 出生公证书 generated - no one was willing to help, they would just refer us to another office to which we'd call and then get referred somewhere else. This went on for almost a year and we'd made no progress. Our attorney at the time said we might have some luck submitting a Letter of Explanation to see if the USCIS would accept it, and to our surprise they did. We were "documentarily qualified" and were able to get an interview date. This was a couple years ago and the area my wife is from has developed quite a bit since then. In the past (according to in-laws & family there) you might've had to use guanxi / connections, along with extra "compensation", to simply get people to do their jobs. Lots has changed since. Right after her interview refusal, my wife was able to contact the Notarial Office through their official app/mini program - they said it's no problem for them to generate a 出生公证书 for us. We've since sent off her ID card and hukou information to them and are now waiting. Thank you all again for the advice and help.

Thanks! We've been to the Notarial Office in the past - they said there's no way for them to obtain that document. We contacted them again right after the interview and now it seems like they can help. We're crossing our fingers. Thanks again - we appreciate your help!

thank you!

As far as her grandmother remembers, it was a legal adoption - they took her to the police station with a couple witnesses. Her hometown is a small island, and at the time this could have just been an informal adoption, but finding that out has proven near impossible. We spent almost a year in the past (before writing / submitting the "Letter of Explanation") trying to track down adoption papers. She's on her family's hukou (family household registration book), has a passport, ID card, etc.

Hi all, Hoping someone might be able to point us in the right direction with how to move forward here. My wife had her IR-1 interview today and was denied - given the 221(g) form for lack of a birth certificate or adoption papers. She was abandoned as a child and never knew her real parents. She was found by her adoptive grandparents and taken to the police station as a small child to register them as her guardians. She never had a birth certificate, and in those times there were no digital databases in place to register such an adoption - there were only the witnesses her grandmother brought along. When we applied for her visa, we submitted a Letter of Explanation in place of a birth certificate detailing the extensive efforts we took to try to obtain a birth certificate or proof of adoption - we listed all the departments and officers we contacted, all of whom said getting such a document was impossible. To our surprise (and our lawyers), this letter was accepted in lieu of a birth certificate - we were “documentarily qualified”. At the interview, the officer asked a few questions and when she requested the birth certificate, my wife handed her the Letter of Explanation we'd submitted. The officer said it was unacceptable and that we would have to “try harder” to get adoption papers, even though this letter was accepted when uploaded to the CEAC. Every other civil document and affidavit of support document is good to go for us. We’ve been married for 5 years and have plenty of evidence to prove our relationship is valid. She’s visited the states with me multiple times, and my parents have come to China to visit us a few times as well. We’re not really sure how to move forward here and wanted to know if anyone else had been through a similar situation or has any advice. Thanks you all so much in advance🙏

Thank you all so much for the responses. We were able to get the DS-260 reopened and updated - also submitted the latest Police Certificate.

Hi there, Hoping someone can shed some light on our situation here. My wife (Chinese) and I (US citizen) - married 5 years, living in China. My wife and I first received notice of her IR-1 interview back in July 2020, however, due to covid travel restrictions (not being able to fly back to China easily to visit family - due to ticket costs and China no longer issuing tourist visas), we decided to postpone it until this year. We’ve updated the IV unit each year to keep the case valid. When we contacted them a few months ago to schedule the interview, we were sent the Immigrant Visa Instructions letter and were directed to schedule the interview ourselves. We’re planning to schedule the interview in Guangzhou sometime next month, but when checking all the forms submitted I noticed her DS-260 says it will expire on 10/31 - is this something that needs to be re-opened and re-submitted before the interview? A few items in the form have changed: our mailing/permanent address in the US, as well as her travel history - she’s visited the US with me a few times since starting the visa process. Also, the Police Certificate expired. We now have a new valid and notarized one - should we upload this or simply bring it to the interview? Thanks so much.