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No Birthcert Available - Foreign Affairs Manual Search

Discussion in 'Family based immigration' started by Mattfara, Mar 12, 2017.

  1. Mattfara

    Mattfara New Member

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    This piggybacks off a similar post from Aman in 2007.

    My Chinese wife needs to provide her birthcertificate to file the I-485, but, according to her, this form is not generally kept in China.

    According to TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 103 -- IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS:

    (ii) Demonstrating that a record is not available . Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement. (Amended effective 6/18/07; 72 FR 19100 )
    I found the Foreign Affairs Manual online, but I don't know the layout. If my wife is correct that birthcertificates are not usually kept in China (and it's not just the ineptitude of the officials in her little hometown), then perhaps I can avoid the trouble of getting a letter from her local government attesting to its non-availability and the affadavits from her parents, neigbors, etc

    Please either point me toward something in the Manual about China and birthcerts, or explain where I might find such a thing. I tried searching for "china birthcertificate," "china records," "availability of records", and "birthcertificate." Nothing seemd to help.

    Thanks
    Matt
     

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