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Filed: AOS (pnd) Country: Haiti
Timeline
Posted

Hi my wife is filing the form i 130 and she needs the supporting documents to prove citizenship so far she has her passport and her citizenship card. she lost her naturalization certificate. she gained she citizenship through her parents so my question is, will it be enough to submit the US passport and the citizenship card only since she doesn't have the birth certificate?

My second question is about the for I 485 the first question states:

I am applying for and adjustment to permanent resident status because:

we don't know between letters a through h which to choose

I came here as a visitor and overstayed, got married, now applying for permanent residency.

Posted

Hi my wife is filing the form i 130 and she needs the supporting documents to prove citizenship so far she has her passport and her citizenship card. she lost her naturalization certificate. she gained she citizenship through her parents so my question is, will it be enough to submit the US passport and the citizenship card only since she doesn't have the birth certificate?

See the I-130 instructions, Page 4, under "What If a Document is Not Available?"

You *need* to get a replacement certificate. You can go ahead and send in the I-130 without it, but if there should be one and the reviewing officer can't find it, they'll send you an RFE requesting it. (And your I-485 can't be processed until the I-130 is in process, because the I-485 is based on the I-130.)

My second question is about the for I 485 the first question states:

I am applying for and adjustment to permanent resident status because:

we don't know between letters a through h which to choose

I came here as a visitor and overstayed, got married, now applying for permanent residency.

Option a. The I-130 is an immigrant petition, and you're married to a U.S. Citizen.

Don't forget to file an I-765 for an Employment Application Document. If you file it with the I-485, there's no cost. If you forget and file it separately, it will cost you an additional $380.

Care,

Bill

Filed: Timeline
Posted

See the I-130 instructions, Page 4, under "What If a Document is Not Available?"

You *need* to get a replacement certificate. You can go ahead and send in the I-130 without it, but if there should be one and the reviewing officer can't find it, they'll send you an RFE requesting it. (And your I-485 can't be processed until the I-130 is in process, because the I-485 is based on the I-130.)

In the instructions for the I-130, it says that an unexpired US passport can be used as primary evidence of citizenship; if the petitioner has an unexpired US passport, they should not need a naturalization certificate. However, you are still required to list the number of the certificate on the I-130.

Don't forget to file an I-765 for an Employment Application Document. If you file it with the I-485, there's no cost. If you forget and file it separately, it will cost you an additional $380.

You can still file it separately for free if you send a copy of the I-797 for the 485; you can verify this in the instructions for the I-485.

Filed: AOS (pnd) Country: Haiti
Timeline
Posted (edited)

See the I-130 instructions, Page 4, under "What If a Document is Not Available?"

You *need* to get a replacement certificate. You can go ahead and send in the I-130 without it, but if there should be one and the reviewing officer can't find it, they'll send you an RFE requesting it. (And your I-485 can't be processed until the I-130 is in process, because the I-485 is based on the I-130.)

Option a. The I-130 is an immigrant petition, and you're married to a U.S. Citizen.

Don't forget to file an I-765 for an Employment Application Document. If you file it with the I-485, there's no cost. If you forget and file it separately, it will cost you an additional $380.

Care,

Bill

option a states:

An immigrant petition giving me an immediately visa number that has been approved.

There has been no visa number issued to me. I came here as a visitor on a b2 visa and overstayed. So I am not sure this applies to me

Edited by klifft50
 
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