If you’re following the current saga!
I did some search and digging into Polish law on what you can do if documents literally do not exist and found this:
For anyone in a similar situation, consider submitting an oświadczenie (sometimes called an oświadczenie pisemne or, in its most legally weighted form, an oświadczenie złożone pod rygorem odpowiedzialności karnej - a statement made under penalty of criminal liability).
Under Polish law, It is explicitly contemplated under Polish administrative practice. The Mazowiecki Urząd Wojewódzki’s official guidance states that where documents contain discrepancies in personal data not resulting from official changes or documents cannot reasonably be produced (because they no longer exist), applicants must attach an oświadczenie explaining the reasons. More importantly, Article 220 of the Kodeks postępowania administracyjnego (Code of Administrative Procedure) prohibits a public administrative authority from demanding documentation without citing the specific legal provision requiring it. If your representative keeps asking for something that doesn’t exist without explaining why they need it legally, that is a procedural issue on their end, not yours.
For pre-1920 Austrian Partition cases specifically, where families - particularly poor Galician Jewish families - often never registered civil marriages due to cost, taxes, and fear of government identification, the nonexistence of a marriage record is not a gap. It is a documented historical pattern. An oświadczenie explaining this, supported by whatever circumstantial evidence ties the family together (birth records, census records, immigration manifests, death certificates, etc.), is a legal substitute.
The process in the US:
Draft the oświadczenie as a formal affidavit. Sign it before a jurat, not a notary, swearing under oath that the contents are true), which I did yesterday.
Might need to have an apostille but my state is literally closed until Tuesday to celebrate July 4 (who does that?!) but can do it through your state, not the US DOS. Waiting on confirmation whether this is needed or if the sworn statement before a jurat will suffice. If not, I’m driving to Tallahassee - not leaving this to chance in the mail.
Send the apostilled or sworn statement in original English to your provider for certified Polish translation and submission. I notified Polaron yesterday/this morning that I had written it, sworn to its contents ,and will be overnighting it when the state opens back up (again, who does that?!) and I can confirm what is needed. If your representative has a translation contract (as part of their service agreement), the translation is on them, not you.
Also worth knowing: the zaświadczenie o braku aktu (certificate confirming no record exists) is a separate official document that can be requested directly from the Polish State Archive. Ask the provider to do this as well (I included it in my email this morning). If your representative hasn’t requested one of these, ask them to do so by name.
In addition, I sent Polaron a digital copy (will follow with an official) of my GGGM death record from Yad Vashem listing the place and date she was murdered (Brzezany, 1943) which coincides with the same exact town they listed on land records in 1921 and the town where my GGP were both born, so demonstrating continuous ties to Poland since it was one of the documents they asked for.
I also documented every single document I have sent them so far in the email and requested confirmation that each had been translated and submitted.
This case is genuinely weird and nuanced but the legal framework for handling it exists, just requires knowing where to look and the process for it.
Polaron said they are having an office meeting on July 9 to discuss the next steps on my case. I genuinely expect them to say “she’s being a pain the neck at this point” and drop me. But the fact that I have had to research the law on this myself at nearly every step has not left me with good faith they have handled this correctly. So I did ask for the name and contact information of the official that currently has my case so if they do drop me as a client, I can pick up with them and hopefully not need to start from the beginning with someone else.
I’m trying to do everything I proactively can to keep from being rejected and needing to appeal or sue. The chain is solid - you just need to understand how to apply it.
Anyone else in a similar situation - now or in the future - don’t give up! If you know you’re on the right side, be as proactive as possible and fight for yourself. It’s genuinely worth it.