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Getting Notarized PRC Documents
for Your
U.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 certificate
3. Unmarried certificate 未婚证明书
4. Divorce certificate
5. Death certificate of prior spouse 妻(夫)的死亡公证书
6. Police certificate
7. Military records
8. 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 a
But it’s not convenient of attorney (委托书) to a
for 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 at
each 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 that
your purpose is immigration, This is to certify that the English
you will receive an English translation of the Notarial Certificate
translation 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 1

You 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 not
acceptable.

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, and
parents names in English are correct.

Marriage Certificate 2

Needed if you were married
in 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 3
Get this if you are a man 22+ or woman 20+ who is not now
married.

Bring evidence of termination of any prior marriages—divorce
certificates 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 marriage
registration record of Gong Li (born on January 1, 1980, female,
nationality: Chinese, ID card # XXX) in the Marriage Registration
Office of Taierzhuang District from January 1, 2000 to Oct. 19,
2010.... This certificate only certifies that there is no marriage
registration 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 4

Visa applicants must provide notarial certificates for
all 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 their
willingness to reach the following agreement: 1. Wang Tao and
Zhou 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 5
of Prior Spouse

Provide for any prior spouse(s) who died in China.

Where should you apply? The notary office where
deceased’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 6
If you are born in China and age 16 or older, you need
the 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, or
convicted of any offense in any
country, contact our firm for specific
instructions on getting the police
certificate. You’ll also need
court/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 no
record of committing offences against the criminal law
during 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 author
Gary Chodorow is chief representative for
the Beijing office of Frederick W. Hong Law
Offices. His practice has focused on U.S.
immigration and nationality law since 1993.
He is a frequent author and speaker on
related issues, and a member of the
American Immigration Lawyers Association.

Beijing Office
Tel.: +86.10.6506.1180
Email: gary@fwhonglaw.com
Web: www.fwhonglaw.com
Blog: www.LawAndBorder.com

Frederick W. Hong Law Offices has a proven track record
advising companies and individuals on China and U.S. business
law, intellectual property, and immigration law.

The firm was founded in 1977 in Los Angeles. After developing
business in China in the 1980s, we became in 1993 the first U.S.
law firm licensed by China's Ministry of Justice to open an office
in Guangzhou. In 2002, the firm was authorized to open another
office in Beijing.

We make an effort to understand each client's business and goals.
Our attorneys are savvy, innovative, and focused on getting
results that meet our clients' needs. That's how we establish
lasting client relationships.

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

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