Getting PRC Notarized Documents for a U.S. Immigrant Visa Application
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Getting PRC Notarized Documents for a U.S. Immigrant Visa Application

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This presentation is for you if you are born in China; you are applying for a U.S. K-1, K-3, or immigrant visa; and you want to know what notarized documents ot submit to the U.S. Consulate in ...

This presentation is for you if you are born in China; you are applying for a U.S. K-1, K-3, or immigrant visa; and you want to know what notarized documents ot submit to the U.S. Consulate in Guangzhou or the National Visa Center.

This presentation discusses, birth certificates, marriage certificates, unmarried certificates, divorce certificates, death certificates of prior spouse, police certificates, military records, and custody certificates.

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  • Updates when change jobs or promoted only written in dang’an.If dishonorably discharged get no paper.Any other dox show been in mili. No.Except hukou will show this.

Getting PRC Notarized Documents for a U.S. Immigrant Visa Application Getting PRC Notarized Documents for a U.S. Immigrant Visa Application Presentation Transcript

  • Getting Notarized PRC Documentsfor YourU.S. Immigrant Visa Application Rev’d: Dec. 10, 2010
  • This presentation is for you if• You are born in China;• You are applying for a K-1, K-3, or immigrant visa; and• You want to know what notarized documents to submit to U.S. Consulate in Guangzhou U.S. National Visa Center
  • Depending on your situation, you may need:1. Birth certificate 出生公证书 or 出生证明书2. Marriage certificate3. Unmarried certificate 未婚证明书4. Divorce certificate5. Death certificate of prior spouse 妻(夫)的死亡公证书6. Police certificate7. Military records8. Custody certificate Tip: Get all your certificates in duplicate.
  • What do notary publics do? By notarizing a document like a birth certificate or police certificate, we are certifying that its contents are true.
  • Apply at the notary office where(a) You are domiciled, i.e., your hukou (户 口簿) is registered; or(b) You habitually reside, i.e., you have lived for more than one year with a temporary residence permit (暂住证).
  • power Consider giving aBut it’s not convenient of attorney (委托书) to afor me to travel to that friend or relative to handle your notarial affairs.notary office. Except: A power of attorney can’t be used for documents that require your personal declaration (声明). See below.
  • Sample Power of Attorney 委托人:__________(男/女)身份证建号________ 受托人姓名: _______(男/女)身份证建号_______ 我委托上述受托人办理____________事项,特此授权。 ___________________ (委托人签字或盖章) 年 月 日
  • Call ahead: Application procedures may vary ateach notary office. • You will need to provide your national ID card (身份证) and hukou (or temporary residence card). • You may need to submit 2-inch photos. • Processing times and fees vary.
  • What to look for in a notarized certificate:Cover page The individual notary’s signature or seal, and the office’s seal.
  • If you tell the notary thatyour purpose is immigration, This is to certify that the Englishyou will receive an English translation of the Notarial Certificatetranslation with a (2010) J.C.A.W.M.Z.Zi, No. 13482,certification like this. attached hereto is in conformity with the Chinese original. Tip: The State Department isn’t picky, but USCIS requires that translators’ certifications be signed by hand (not chopped). Ask the notary to sign in case you need to file any application or petition with USCIS in the future.
  • Birth Certificate 1You need a birth certificate (出生公证书 or 出生证明书).A certificate of relationship (关系公证书 or 关系证明书) is notacceptable.Bring either: • Health department (卫生部门) birth certificate: A green official birth certificate was introduced country-wide in 1996; or • A letter from your personnel file management department (人 事档案管理部门 ) with your name, gender, date and place of birth, parents’ names, and current addresses.
  • Sample Birth Certificate (Excerpt) This is to certify that Zhou Mei (female) was born in Zhongjiang County, Sichuan Province, on January 12, 1970. Her father’s name is Zhou Jintao and her mother’s name is Gong Li. 兹证明周美(女)一九七〇年一月十二日 在四川省中江县出生;周美的父亲是周锦涛, 母亲是巩俐。Double-check that your name, date/place of birth, andparents names in English are correct.
  • Marriage Certificate 2Needed if you were marriedin China.Documents to bring: • Both spouses national ID cards and hukous. • Marriage certificate issued by the marriage registration office (婚姻登记处).
  • Unmarried Certificate 3Get this if you are a man 22+ or woman 20+ who is not nowmarried.Bring evidence of termination of any prior marriages—divorcecertificates and/or death certificates for prior spouses.Get either of these: • A declaration by you that you are not married (未婚声明书). This requires that you personally appear before the notary; or • First get a certificate from the marriage registration office that they have no record of your marriage, then ask that it be notarized (未婚姻登记记录证明 ).
  • Sample Based on Applicant’s Declaration (Excerpt) I declare: I have never been registered to be married up to now during my residence in China, and I promise that I will not register to be married before I leave China. I assure that the above-mentioned statement is true; otherwise I will undertake the legal liability. 我声明到目前为止,我在中国居住期间未 增登记结婚。并且声明我到离境之前也不准 备登记结婚,本人保证上述声明完全真实, 如有不实,原承担一切法律责任。
  • Sample Based on Certificate from the Marriage Registration Office (Excerpt) Having been inquired, this is to certify that there is no marriageregistration record of Gong Li (born on January 1, 1980, female,nationality: Chinese, ID card # XXX) in the Marriage RegistrationOffice of Taierzhuang District from January 1, 2000 to Oct. 19,2010.... This certificate only certifies that there is no marriageregistration record in our district but not in other places. 经查,当事人巩俐性别女国籍中国出生日期1980年一 月一日身份证件号XXX自2000年1月1日达到法定婚龄 至2010年10月19日期间没有在台儿庄区民政局婚姻登 记处结婚登记的记录。。。。注:不包括在本辖区域外 的其他地方的婚姻登记。
  • Divorce Certificate 4Visa applicants must provide notarial certificates forall prior divorces in China.Bring evidence of your divorce: • For uncontested divorces, a divorce certificate (离婚证) issued by the Marriage Registration Office; or • For contested divorce or divorce involving a foreign spouse, either a civil mediation certificate (民事调解书) or a formal divorce decree (判决书) issued by the court.
  • Sample Divorce Certificate issued by the Marriage Registration Office
  • Sample Civil Mediation Certificate (Excerpt) By mediation of this court, the two parties expressed theirwillingness to reach the following agreement: 1. Wang Tao andZhou Mei be divorced…. 本案在审理过程中,经本院主特调解,双方当 事人自愿达成如下协议:1。原告王涛与被告周美 离婚。。。。
  • Death Certificate 5of Prior SpouseProvide for any prior spouse(s) who died in China.Where should you apply? The notary office wheredeceased’s hukou is registered or place of birth.Documents needed: • Marriage certificate (to prove relationship to deceased). • Evidence of death, such as a certificate from hospital or health department or evidence of cancellation of the hukou.
  • Police Certificate 6If you are born in China and age 16 or older, you needthe following police certificates:• China• USA: Not available.• Third country: You need a police certificate from any third country where you (a) reside at the time of your visa application, (b) have resided in the past for 1 year or more after age 16, or (c) have been arrested or convicted. For information about how to apply for police certificates in third countries, see the State Department’s “Reciprocity Table” at http://goo.gl/UkrWF.
  • If you have been arrested, detained, orconvicted of any offense in anycountry, contact our firm for specificinstructions on getting the policecertificate. You’ll also needcourt/prison records.
  • Getting a “Certificate of No Criminal Record”• Step 1: Some notary offices require you to pick up a form to be completed by the public security bureau (PSB).• Step 2: Bring the form to the police station (派出所) where your hukou is registered or where you temporary residence card is registered. Exception: If your unit has a public security department (保卫部门), go there.• Step 3: Bring the completed certificate and other documents back to the notary office to get the notarized certificate.• Notes: • This certificate is valid for 1 year. • The certificate covers the entire country, so you don’t need separate certificates for each place you’ve lived.
  • Sample Police Certificate (Excerpt) This is to certify that Zhou Mei (female, born October 14,1970, now residing in Chaoyang District, Beijing) has norecord of committing offences against the criminal lawduring her residence in China up to July 29, 2010. 兹证明周美(女,一九七〇年十月十四日 出生,现住北京市朝阳区)至二〇一〇年七 月二十九日止,在中国居住期间未受过刑事 处分。
  • Military Records 7• Military records are the record of a person’s service and conduct while in military service, including any convictions by military tribunals.• According to the U.S. State Department, these are generally “not available” for China, so are not needed.• Still, the Consulate may ask to review any enrollment book (入 伍通知书) or discharge certificate (复员证 or 转业证).
  • Custody Certificate 8• Who needs this? If you are divorced and want your child (under age 18) to immigrate to the U.S. with you, then you need one of the following: • A notarized custody agreement currently in effect that gives you legal custody. This may be part of your divorce agreement (离婚协议书); or • A notarized statement from your ex-spouse giving the child permission to immigrate to the U.S.
  • Sample Custody Provision (Excerpt from a Divorce Agreement) The son, Huang Jintao, will be raised by his mother. The father will pay child support of 600 RMB per month, paid not later than the 5th of the month. This sum is to be paid until age 18. Afterward, the parties will reach a new agreement regarding child support. 儿子方黄锦涛由女方抚养,由男方每月 给付抚养费600元,在每月5号前付清;直 至付到18周岁止,18周岁之后的有关费用 双方日后重新协商。
  • Questions? Contact the authorGary Chodorow is chief representative forthe Beijing office of Frederick W. Hong LawOffices. His practice has focused on U.S.immigration and nationality law since 1993.He is a frequent author and speaker onrelated issues, and a member of theAmerican Immigration Lawyers Association.Beijing OfficeTel.: +86.10.6506.1180Email: gary@fwhonglaw.comWeb: www.fwhonglaw.comBlog: www.LawAndBorder.com
  • Frederick W. Hong Law Offices has a proven track recordadvising companies and individuals on China and U.S. businesslaw, intellectual property, and immigration law.The firm was founded in 1977 in Los Angeles. After developingbusiness in China in the 1980s, we became in 1993 the first U.S.law firm licensed by Chinas Ministry of Justice to open an officein Guangzhou. In 2002, the firm was authorized to open anotheroffice in Beijing.We make an effort to understand each clients business and goals.Our attorneys are savvy, innovative, and focused on gettingresults that meet our clients needs. Thats how we establishlasting client relationships.