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Does my US wife need a passport when I file for AoS?

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  • Does my US wife need a passport when I file for AoS?

    I was looking through the required documents for i-130 and they list a passport to show my wifes US citizenship. All she has is a birth certificate as she dosent travel nor has future plans to travel outside USA.

    Is the birth certificate enough or is she required to get a passport as my petitioner?

    Thanks.
    Concurrent filing I-485 I-130 I-765 I-131
    10/26/2018 FedEx package delivered
    11/04/2018 Notices of Action received via text
    11/17/2018 Notice of appointment for Biometrics
    11/26/2018 Biometrics Appointment
    03/07/2019 Courtesy letter for missing I-693
    03/11/2019 Case is ready to be scheduled for interview
    06/10/2019 New card is being produced I-765
    06/11/2019 Case was approved I-765
    06/12/2019 Card has been mailed
    09/19/2019 Interview for greencard - APPROVED

  • #2
    Originally posted by Ste View Post
    I was looking through the required documents for i-130 and they list a passport to show my wifes US citizenship. All she has is a birth certificate as she dosent travel nor has future plans to travel outside USA.

    Is the birth certificate enough or is she required to get a passport as my petitioner?

    Thanks.
    The issue with birth certificates is that they do not have a picture or fingerprints. It's OK but she will have to show another ID that verifies who the birth certificate says she is.
    It's happened in places like El Paso, that Immigration Officers have questioned the validity of birth certificates, because historically, there's been a lot of fraud around birth certificates. Here's this article. https://www.nytimes.com/2000/05/29/u...it-system.html

    It happens and it happens often. So if the ISO doubts the validity of your wife's birth certificate, don't be offended. They're doing their job.

    Some say that you do not know if government considers you a citizen until you have obtained a passport from the Department of State. https://www.washingtonpost.com/world...=.5a4b276e3e51

    Comment


    • #3
      Originally posted by UScitizenFilingforspouse View Post
      The issue with birth certificates is that they do not have a picture or fingerprints. It's OK but she will have to show another ID that verifies who the birth certificate says she is.
      It's happened in places like El Paso, that Immigration Officers have questioned the validity of birth certificates, because historically, there's been a lot of fraud around birth certificates. Here's this article. https://www.nytimes.com/2000/05/29/u...it-system.html

      It happens and it happens often. So if the ISO doubts the validity of your wife's birth certificate, don't be offended. They're doing their job.

      Some say that you do not know if government considers you a citizen until you have obtained a passport from the Department of State. https://www.washingtonpost.com/world...=.5a4b276e3e51
      Thanks for that quick reply. I was planning on sending the birth certificate along with a copy of her US drivers license. She for some reason dosent feel like she wants a passport, dosent feel she needs one because she has no plans on travelling.
      Concurrent filing I-485 I-130 I-765 I-131
      10/26/2018 FedEx package delivered
      11/04/2018 Notices of Action received via text
      11/17/2018 Notice of appointment for Biometrics
      11/26/2018 Biometrics Appointment
      03/07/2019 Courtesy letter for missing I-693
      03/11/2019 Case is ready to be scheduled for interview
      06/10/2019 New card is being produced I-765
      06/11/2019 Case was approved I-765
      06/12/2019 Card has been mailed
      09/19/2019 Interview for greencard - APPROVED

      Comment


      • #4
        Originally posted by Ste View Post
        Thanks for that quick reply. I was planning on sending the birth certificate along with a copy of her US drivers license. She for some reason dosent feel like she wants a passport, dosent feel she needs one because she has no plans on travelling.
        A passport card is cheaper. In this political climate, I'd say everyone needs tangible proof of their US citizenship, especially if you aren't blonde/blue eyed. I carry my US passport card with me. My passport stays in my safe.

        We live just a few hours from Canada. I've told my husband several times - if $hit hits the ceiling, meet me in Canada.

        Comment


        • #5
          Originally posted by Ste View Post
          I was looking through the required documents for i-130 and they list a passport to show my wifes US citizenship. All she has is a birth certificate as she dosent travel nor has future plans to travel outside USA.

          Is the birth certificate enough or is she required to get a passport as my petitioner?

          Thanks.
          My husband and I used his birth certificate. He hasn?t renewed his passport since the early 90s. I am certain we will have to show them original documents or more identification at the actual interview (when and if we get there ).
          C9 Spouse of USC
          NYC Filer
          04/13/18 - PD
          05/04/18 - Bio notice
          05/23/18 - Bio completed
          09/18/18 - RFIE mailed
          09/22/18 - RFIE Rcv'd
          10/09/18 - Responded to RFIE
          10/10/18 - USCIS Received RFIE
          10/12/18 - Text & email Update from dhs rcv'd response to RFIE
          10/12/18 - Submitted a SR form I-765
          10/25/18 - Case is ready to be scheduled for an interview
          11/14/18 - Submitted 2nd SR for form I-765
          11/26/18 - NOA for I765
          11/30/18 - Rcv'd SS card
          12/06/18 - Rcv'd EAD

          Comment


          • #6
            Originally posted by Ste View Post
            I was looking through the required documents for i-130 and they list a passport to show my wifes US citizenship. All she has is a birth certificate as she dosent travel nor has future plans to travel outside USA.

            Is the birth certificate enough or is she required to get a passport as my petitioner?

            Thanks.
            No, she does not need a passport. A birth certificate showing birth in the US is enough. The I-130 instructions says any one of the listed evidence of US citizenship is enough: a birth certificate showing birth in the US, or a valid US passport, or a Certificate of Naturalization, or a Certificate of Citizenship, or a CRBA. She doesn't need more than one of those.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              No, she does not need a passport. A birth certificate showing birth in the US is enough. The I-130 instructions says any one of the listed evidence of US citizenship is enough: a birth certificate showing birth in the US, or a valid US passport, or a Certificate of Naturalization, or a Certificate of Citizenship, or a CRBA. She doesn't need more than one of those.
              Thanks a lot for explaining that!
              Concurrent filing I-485 I-130 I-765 I-131
              10/26/2018 FedEx package delivered
              11/04/2018 Notices of Action received via text
              11/17/2018 Notice of appointment for Biometrics
              11/26/2018 Biometrics Appointment
              03/07/2019 Courtesy letter for missing I-693
              03/11/2019 Case is ready to be scheduled for interview
              06/10/2019 New card is being produced I-765
              06/11/2019 Case was approved I-765
              06/12/2019 Card has been mailed
              09/19/2019 Interview for greencard - APPROVED

              Comment

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