Question about Notarizing

[jennyyang199394]

Hi,

My husband and I are gathering documents for me to sponsor him Canadian PR. We are currently students on F-1 visa status in the United States (he is from China), and we plan to apply outland. While gathering materials from China (we are both in the US right now), we came across his family registration booklet (hukou), resident ID, and his brother's marriage certificate. We have photocopies of these documents, so we got them translated and asked the translator (not certified) to provide an affidavit of translation, which she did.

My question is as follows: do I need to get all these notarized, or is the translation along with an affidavit of translation enough? If we need to get it notarized, do we have to get it done in China, because these documents originate from China?

Thank you very much in advance!!

 

[Miraclejj]

Hi,

My husband and I are gathering documents for me to sponsor him Canadian PR. We are currently students on F-1 visa status in the United States (he is from China), and we plan to apply outland. While gathering materials from China (we are both in the US right now), we came across his family registration booklet (hukou), resident ID, and his brother's marriage certificate. We have photocopies of these documents, so we got them translated and asked the translator (not certified) to provide an affidavit of translation, which she did.

My question is as follows: do I need to get all these notarized, or is the translation along with an affidavit of translation enough? If we need to get it notarized, do we have to get it done in China, because these documents originate from China?

Thank you very much in advance!!

The documents that you have to get notarized in China is his birth certificate (If he was born in or after year of 1996), HuKou and PCC issued by his local police department (Those need to be submitted with original notarized copy). The rest, such as National ID, you can just submit with photocopies with translations and affidavit of translation. I don't understand why you need his brother's marriage certificate? It is not required.

And you should also start to submit his application to FBI for PCC as well, if he already has lived in US longer than 6 months.

 

[jennyyang199394]

The documents that you have to get notarized in China is his birth certificate (If he was born in or after year of 1996), HuKou and PCC issued by his local police department (Those need to be submitted with original notarized copy). The rest, such as National ID, you can just submit with photocopies with translations and affidavit of translation. I don't understand why you need his brother's marriage certificate? It is not required.

So I do need to get the Hukou notarized, the translation and affidavit is not okay? He was born in 1994, so would not need birth certifiable, right?

He needs his brother's marriage certificate because his brother's Hukou was not updated so it still says single, and his sister-in-law was added to the hukou as daughter-in-law, but doesnt say whose wife she is haha. Also for the police report, the one we have now only covers up to 2/10/2018, would we need another one once CIC asks for it? Thanks!

 

[Miraclejj]

So I do need to get the Hukou notarized, the translation and affidavit is not okay? He was born in 1994, so would not need birth certifiable, right?

He needs his brother's marriage certificate because his brother's Hukou was not updated so it still says single, and his sister-in-law was added to the hukou as daughter-in-law, but doesnt say whose wife she is haha. Also for the police report, the one we have now only covers up to 2/10/2018, would we need another one once CIC asks for it? Thanks!

Yes, the Hukou needs to be notarized in China by a licensed public Notary Office. If he was born before 1996, then he doesn't have the birth certificate issued by Chinese Health Department, but you need to include a very simple explanation letter to state that he was born before 1996, thus he doesn't have the required birth certificate. Actually if you think that there is anything that you cannot provide a clear cut facts on your application, address those issues/situations with an explanation letter. As for the PCC, the new application requires to submit upfront, and in general speaking, it needs to be issued within 6 months of submitting your application. The best option for you is to apply a new one and get notarized in China. Also, as I said, if he has been living in US for longer than 6 months, or he had lived in any other countries longer than 6 months, since he was 18 years old, he needs to get PCC as well. For the US PCC he needs to submit his figure printing and application to FBI.

And, in order to sponsor him outside of Canada, you have to be a Canadian Citizen, and don't forget to include a resettlement plan to back to Canada, immediately after his PR status is approved. If you are a PR, you have to be physically in Canada to file the sponsorship and you have to remain physically in Canada through the entire process time, which currently is about 8-12 months for applicants from China.

 

[jennyyang199394]

Yes, the Hukou needs to be notarized in China by a licensed public Notary Office. If he was born before 1996, then he doesn't have the birth certificate issued by Chinese Health Department, but you need to include a very simple explanation letter to state that he was born before 1996, thus he doesn't have the required birth certificate. Actually if you think that there is anything that you cannot provide a clear cut facts on your application, address those issues/situations with an explanation letter. As for the PCC, the new application requires to submit upfront, and in general speaking, it needs to be issued within 6 months of submitting your application. The best option for you is to apply a new one and get notarized in China. Also, as I said, if he has been living in US for longer than 6 months, or he had lived in any other countries longer than 6 months, since he was 18 years old, he needs to get PCC as well. For the US PCC he needs to submit his figure printing and application to FBI.

And, in order to sponsor him outside of Canada, you have to be a Canadian Citizen, and don't forget to include a resettlement plan to back to Canada, immediately after his PR status is approved. If you are a PR, you have to be physically in Canada to file the sponsorship and you have to remain physically in Canada through the entire process time, which currently is about 8-12 months for applicants from China.

Thanks for the information, I have one last question - right now everything is signed and ready for submission except for the Hukou. Can I leave everything dated as is, or is it better to print and date everything again once we get the notarized Hukou? Thanks! And yes, I am a Canadian citizen, and wrote a 1-page letter stating that I will move back as soon as he gets PR.

 

[Miraclejj]

Thanks for the information, I have one last question - right now everything is signed and ready for submission except for the Hukou. Can I leave everything dated as is, or is it better to print and date everything again once we get the notarized Hukou? Thanks! And yes, I am a Canadian citizen, and wrote a 1-page letter stating that I will move back as soon as he gets PR.

There is a 90 day rule, which is that if you can get the notarized Hukou and file your application within 90 days of the date you sign on the application, you should be fine. But if reprinting isn't a big problem for you, then reprint it and sign it, after you receive your notarized Hukou.

Also, as a side note, get as much evidences as you can. You can ask both of your parents, close relatives and friends to write supporting letters to vouch your relationship in their own words (If it's not in English, then you need to translate them into English by yourself, those letters don't need to be notarized). Both you and your husband to write a separate letter to express how you met, how your relationship was evolved and keep evolving, what is your feelings about each other, why you want to commit to each other, keep focusing on the time line before your marriage and to connect all dots together. Pick your 20 photos wisely to paint a love story (from your early dating to present). List both of you on each other's insurance as beneficiary, and etc. (Hopefully you have done all that. If not, please do. It will save a lot potential trouble lately). Also, as the resettlement plan, besides what you have written, also includes email communications with real estate agents in Canada for your future rental/purchasing residence, inquiry from moving company, and any letters/emails from your relatives/friends in Canada to either bless your future resettlement in Canada or to offer a temp. hospitality to you, when you move back to Canada.

 

[jennyyang199394]

There is a 90 day rule, which is that if you can get the notarized Hukou and file your application within 90 days of the date you sign on the application, you should be fine. But if reprinting isn't a big problem for you, then reprint it and sign it, after you receive your notarized Hukou.

Also, as a side note, get as much evidences as you can. You can ask both of your parents, close relatives and friends to write supporting letters to vouch your relationship in their own words (If it's not in English, then you need to translate them into English by yourself, those letters don't need to be notarized). Both you and your husband to write a separate letter to express how you met, how your relationship was evolved and keep evolving, what is your feelings about each other, why you want to commit to each other, keep focusing on the time line before your marriage and to connect all dots together. Pick your 20 photos wisely to paint a love story (from your early dating to present). List both of you on each other's insurance as beneficiary, and etc. (Hopefully you have done all that. If not, please do. It will save a lot potential trouble lately). Also, as the resettlement plan, besides what you have written, also includes email communications with real estate agents in Canada for your future rental/purchasing residence, inquiry from moving company, and any letters/emails from your relatives/friends in Canada to either bless your future resettlement in Canada or to offer a temp. hospitality to you, when you move back to Canada.

Thank you for that kind advice, proving our relationship will actually be the easier part of our application because we've known each other for more than a decade and have dated on and off between that until we got married recently on valentine's day. that wouldn't be a problem, the recent date of marriage, if we want to submit by mid March? Thanks

 

[Miraclejj]

Thank you for that kind advice, proving our relationship will actually be the easier part of our application because we've known each other for more than a decade and have dated on and off between that until we got married recently on valentine's day. that wouldn't be a problem, the recent date of marriage, if we want to submit by mid March? Thanks

Don't ever underestimate what CIC thinks about your relationship. A lot people made same mistake by thinking their relationships and/or marriages are genuine anyway, so they just had been lazy and not prepare their application and evidences thoroughly. And remember, one of the reasons to refuse a spousal sponsorship is marriage of convenience, which CIC believes your marriage is genuine, but CIC also believes the sole purpose for marriage is to gain PR status to Canada. So, you need to include any evidences to eliminate this potential risk.

What I wrote in my previous post is exactly what I prepared for my application, and also suggested by my lawyer. My wife and I have been happily married for almost 7 years, with 2 wonderful children, we owns our house together, with all evidences to show our interdependent, and yet, our lawyer required us to submit all of those additional evidences I list in my previous post. The result was great, our case had been approved within 4 and half months from end to end.

And although I don't know your own PR history and your personal relationship history with your husband, but don't leave any room for CIC to consider that before you landed, you and your husband may actually in a common law relationship (12 consecutive months conjugal relationship between you and your husband, then boyfriend).