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Petitioning while not a US citizen

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Filed: IR-1/CR-1 Visa Country: Armenia
Timeline

Hello,

I was just reading the guide for CR-1 and few things came to my mind.

1) The guide states that copies of birth certificate or copies of passport of US citizen should accompany I-130. I thought a Green Card holder can also submit a petition. Am I wrong?

2) My wife came to the US as a refugee and is currently a green card holder. She fled the country with her parents when she was 3 years old and after many years in a third country, she was admitted to the US as a refugee. Hence, she never had a passport from that country. The only document she ever had was the birth certificate which she has lost.

If she was to submit an I-130, what would you say she must do if she does not have a passport and a birth certificate?

FYI, we are aware that I-130 submitted by a LPR are subject to numerical limit for visa availability and, therefore, can take very long to be approved.

thanks

USCIS:
January 26, 2010 - got married
March 8, 2012 - became US citizen
April 16, 2012 - sent I-130 package
April 21, 2012 - NOA 1
Oct 2, 2012 - NOA 2

NVC:
Oct 10, 2012 - Received NVC case number and INN (by e-mail)
Oct 10, 2012 - Received AOS fee invoice (by e-mail)
Oct 11, 2012 - Sent DS-3032 (by e-mail)
Oct 12, 2012 - Paid AOS fee online
Oct 16, 2012 - Accepted DS-3032
Oct 18, 2012 - IV bill generated
Oct 18, 2012 - Paid IV fee online
Oct 22, 2012 - Mailed AOS package
Oct 22, 2012 - Mailed IV package
Nov 8, 2012 - Case complete at NVC (notified by phone)

Consulate:

Jan 29, 2013 - Visa interview

Apr 10, 2013 - Visa issued

Apr 24, 2013 - POE (JFK)

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Filed: Citizen (apr) Country: Colombia
Timeline
Hello,

I was just reading the guide for CR-1 and few things came to my mind.

1) The guide states that copies of birth certificate or copies of passport of US citizen should accompany I-130. I thought a Green Card holder can also submit a petition. Am I wrong?

2) My wife came to the US as a refugee and is currently a green card holder. She fled the country with her parents when she was 3 years old and after many years in a third country, she was admitted to the US as a refugee. Hence, she never had a passport from that country. The only document she ever had was the birth certificate which she has lost.

If she was to submit an I-130, what would you say she must do if she does not have a passport and a birth certificate?

FYI, we are aware that I-130 submitted by a LPR are subject to numerical limit for visa availability and, therefore, can take very long to be approved.

thanks

A legal permanent resident can file an I-130 for his or her spouse and all they would need to send is a copy of their green card.

I am curious to know how you were able to get married if she's never had a copy of her birth certificate or passport?

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: IR-1/CR-1 Visa Country: Armenia
Timeline
A legal permanent resident can file an I-130 for his or her spouse and all they would need to send is a copy of their green card.

I am curious to know how you were able to get married if she's never had a copy of her birth certificate or passport?

Diana

She presented her green card, social security card, driver's license and a travel document that was issued by Red Cross that has her name, birth date, birth location, and parents' names in it. We were told it was enough to issue the license.

Just to confirm. Green card alone (no passport and birth certificate) is enough for a LPR to file I-130, correct?

thanks

USCIS:
January 26, 2010 - got married
March 8, 2012 - became US citizen
April 16, 2012 - sent I-130 package
April 21, 2012 - NOA 1
Oct 2, 2012 - NOA 2

NVC:
Oct 10, 2012 - Received NVC case number and INN (by e-mail)
Oct 10, 2012 - Received AOS fee invoice (by e-mail)
Oct 11, 2012 - Sent DS-3032 (by e-mail)
Oct 12, 2012 - Paid AOS fee online
Oct 16, 2012 - Accepted DS-3032
Oct 18, 2012 - IV bill generated
Oct 18, 2012 - Paid IV fee online
Oct 22, 2012 - Mailed AOS package
Oct 22, 2012 - Mailed IV package
Nov 8, 2012 - Case complete at NVC (notified by phone)

Consulate:

Jan 29, 2013 - Visa interview

Apr 10, 2013 - Visa issued

Apr 24, 2013 - POE (JFK)

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