proof of citizenship

[pars 9]

hi we are preparing to file for I-130 unfortunately my husband who is the petitioner lost his passport and we are still in the process of getting a new one. my question is can we just pass my husband's naturalization certificate instead of passport as the proof of citizenship? and if its possible do we need to pass the original certificate or a copy will do? thanks I appreciate any help and infos... God bless...

[aleful 1,905]

hi we are preparing to file for I-130 unfortunately my husband who is the petitioner lost his passport and we are still in the process of getting a new one. my question is can we just pass my husband's naturalization certificate instead of passport as the proof of citizenship? and if its possible do we need to pass the original certificate or a copy will do? thanks I appreciate any help and infos... God bless...

NO, never send the original certificate. send a copy.

[pars 9]

NO, never send the original certificate. send a copy.

so can we send the copy of my husband's naturalization certificate instead of passport to establish citizenship?

[Alex B 9]

so can we send the copy of my husband's naturalization certificate instead of passport to establish citizenship?

Yes! From the I-130 instructions under the documents to show you husband is a US citizen there are a bunch of "OR" statements. Any one of the documents listed is proof that you're a USC. And DO NOT SEND THE ORIGINAL. If they want to see the original, they'll ask.

[Alex B 9]

so can we send the copy of my husband's naturalization certificate instead of passport to establish citizenship?

And I don't think the guide is correct...

From the field adjudicators handbook:

United States Citizenship of Petitioner . If the petitioner is a United States citizen, proof of citizenship must be submitted with the petition. In most cases, a birth certificate, Naturalization Certificate, Certificate of Citizenship, or U.S. passport will be submitted. 8 CFR 204.1(g)(1)(i - vi ) stipulates the acceptable documents to be presented as evidence of U.S. citizenship. USCIS does not post-audit citizenship claims and, therefore, evidence that the petitioner is a U.S. citizen must be submitted with the petition. If the petitioner was born outside the United States and derived citizenship, but has not applied for a Certificate of Citizenship, the case should be returned to the petitioner to resolve his/her citizenship status at a district office.

And if you follow the link to the CFR

(1) Primary evidence. A petition must be accompanied by one of the following:

(i) A birth certificate that was issued by a civil authority and that establishes the petitioner's birth in the United States;

(ii) An unexpired United States passport issued initially for a full ten-year period to a petitioner over the age of eighteen years as a citizen of the United States (and not merely as a noncitizen national);

(iii) An unexpired United States passport issued initially for a full five-year period to the petitioner under the age of eighteen years as a citizen of the United States (and not merely as a noncitizen national);

(iv) A statement executed by a United States consular officer certifying the petitioner to be a United States citizen and the bearer of a currently valid United States passport;

(v) The petitioner's Certificate of Naturalization or Certificate of Citizenship;

(vi) Department of State Form FS-240, Report of Birth Abroad of a Citizen of the United States, relating to the petitioner;

Note the bit where it says: "One of the following"

Hope this helps - I was worried for a minute, thinking a big fat RFE was headed my way.

Alex.

[pars 9]

And I don't think the guide is correct...

From the field adjudicators handbook:

United States Citizenship of Petitioner . If the petitioner is a United States citizen, proof of citizenship must be submitted with the petition. In most cases, a birth certificate, Naturalization Certificate, Certificate of Citizenship, or U.S. passport will be submitted. 8 CFR 204.1(g)(1)(i - vi ) stipulates the acceptable documents to be presented as evidence of U.S. citizenship. USCIS does not post-audit citizenship claims and, therefore, evidence that the petitioner is a U.S. citizen must be submitted with the petition. If the petitioner was born outside the United States and derived citizenship, but has not applied for a Certificate of Citizenship, the case should be returned to the petitioner to resolve his/her citizenship status at a district office.

And if you follow the link to the CFR

(1) Primary evidence. A petition must be accompanied by one of the following:

Thanks for the detailed info alex...

(i) A birth certificate that was issued by a civil authority and that establishes the petitioner's birth in the United States;

(ii) An unexpired United States passport issued initially for a full ten-year period to a petitioner over the age of eighteen years as a citizen of the United States (and not merely as a noncitizen national);

(iii) An unexpired United States passport issued initially for a full five-year period to the petitioner under the age of eighteen years as a citizen of the United States (and not merely as a noncitizen national);

(iv) A statement executed by a United States consular officer certifying the petitioner to be a United States citizen and the bearer of a currently valid United States passport;

(v) The petitioner's Certificate of Naturalization or Certificate of Citizenship;

(vi) Department of State Form FS-240, Report of Birth Abroad of a Citizen of the United States, relating to the petitioner;

Note the bit where it says: "One of the following"

Hope this helps - I was worried for a minute, thinking a big fat RFE was headed my way.

Alex.