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Filing I-130, I-485, I-765, and I-131 without birth certificate

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  • Filing I-130, I-485, I-765, and I-131 without birth certificate

    What would happen if someone concurrently files for I-130, I-485, I-765, and I-131 without a birth certificate? I know that the AOS will probably get stuck at some point until the birth certificate is sent, but will the EAD and AP be delayed also?

    I ask because in this case the spouse of a U.S. citizen doesn't have a birth certificate, and it is a hassle to get alternative notarized documents from her country of birth because her relatives are not there right now and other reasons; so it will probably take many weeks or months to do. However, she wants to file as soon as possible so that 1) she can maintain her status (and be able to maintain a driver's license in her state, which requires a valid status), 2) she can get the EAD (so she can work) and AP (so she can leave the country if an emergency arises) as soon as possible.

    So in this case, would it be advisable to file all the forms as soon as possible, without a birth certificate?

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

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