K-1 Visa in China: Obtaining required documents

Most of the documents that a Chinese fiance(e) needs to provide to the USCIS can be obtained from one of China’s Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats. These offices are part of the Ministry of Justice structure, but are separate from the people’s court system.

Notaries in China do not perform the same functions as their American counterparts. Chinese notaries affix their signatures and office seal to certificates that attest to the probity of claims made by the applicants. By regulation, notaries are empowered to issue certificates only after they conclude that the applicant’s claims are true. Notarial certificates of birth, death, marriage, divorce, no criminal record and pre-1981 adoptions are, at best, secondary evidence of the events they purport to document. Although these certificates are secondary evidence, they are used because primary evidence is not standardized, is easily forged, and difficult to evaluate. Notarial certificates are easier to interpret than primary evidence and theoretically represent an expert judgment on the part of the notarial official as to the facts documented.

The certificates can be based upon primary evidence, secondary evidence, testimony of the applicant or other parties, or investigation by the notary. For most notarial certificates of birth or adoption, the primary underlying documentation is the household register (HHR) which appears to be extremely susceptible to fraud and manipulation, especially if the holder of the HHR lives outside of a major metropolitan area. Notarial certificates rarely cite the basis for their issuance.

If you need assistance filing a K-1 fiance(e) visa for a Chinese fiance(e), please contact an experienced immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

This entry was posted on 2. December 2009 at 08:24 and is filed under fiancee visa China. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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