Filing I-130, question about divorce papers

[pushbrk 12,883]

- Just a side note. Birth Certificate Vs. Passport for documentation of citizenship. All who were NOT born in the US have to provide a birth certificate even if they are now USCs with a US Passport. An Immigration lawyer told me that and said there are details on a birth certificate that are not on a passport (parents names, e.g.,). The lawyer also said that USCs also have to provide birth certificates for the same reason. Remember biographic information form G-325 asks for details (parental) that have to be backed-up with documentation. Point is - birth certificates should never be substituted with/for(?) passports. Both should be included

That particular lawyer might have advised that or even makes it a policy but it is NOT a requirement for a US Citizen to EVER submit a birth certificate to get a petition approved. Good idea maybe, but not a requirement. Think of it this way. Petitions get approved without foreigner birth certificates even though the foreigner provides a G325a with parents names. USCIS is the arbiter of whether the US Citizen qualifies to have their spouse or fiance apply for a visa. If they don't need to document the foreigner's parents' information, they don't need to document the USC's either.

When applying for a visa though, the foreigner must provide a birth certificate bearing parents' names. NOT, at the petition stage.

Edited April 24, 2012 by pushbrk

[Ryan H 3,812]

- Just a side note. Birth Certificate Vs. Passport for documentation of citizenship. All who were NOT born in the US have to provide a birth certificate even if they are now USCs with a US Passport. An Immigration lawyer told me that and said there are details on a birth certificate that are not on a passport (parents names, e.g.,). The lawyer also said that USCs also have to provide birth certificates for the same reason. Remember biographic information form G-325 asks for details (parental) that have to be backed-up with documentation. Point is - birth certificates should never be substituted with/for(?) passports. Both should be included

Lawyer is wrong, the whole purpose of providing a birth certificate is to establish US Citizenship, that's it. If the US Citizenship has been naturalized, then they can use a copy of their naturalization certificate to establish citizenship as the foreign birth certificate if of no value.

My assertions are based on the official form instructions that are directly from USCIS. The official form instructions trump anything a lawyer says.

[pushbrk 12,883]

Lawyer is wrong, the whole purpose of providing a birth certificate is to establish US Citizenship, that's it. If the US Citizenship has been naturalized, then they can use a copy of their naturalization certificate to establish citizenship as the foreign birth certificate if of no value.

My assertions are based on the official form instructions that are directly from USCIS. The official form instructions trump anything a lawyer says.

While I agree with I you on USCIS's purpose in asking for the birth certificate, one must be careful in using form instructions as a trump. Care must first be taken to read carefully and interpret literally. You HAVE in this instance but will you or others always do so? My experience shows, probably not. Also, the I-130 and other form instructions themselves don't cover all contingencies or even attempt to address what might actually be needed at the Consulate to decide to issue the visa.

When a Certified Copy of a long form birth certificate is available for the US Citizen regardless of birth country is AVAILABLE, it IS a good idea to include it with the petition for the same reason we often recommend "front-loading" petitions. It COULD help and doesn't hurt.

I hear of lots of attorneys always requiring three tax returns from clients and VJ members who recommend the same. It's a belt and suspenders approach. I prefer a more circumstantial approach. For example, for a person with say a six figure income and steady employment as indicated on their G325a and the historical section of the affidavit of support for several years or a 40 plus year old school teacher, or cop or IRS employee, I would recommend only one tax return be included. For the self employed, I would almost always recommend providing three full tax returns or transcripts. My difference of approach and opinion is just that. It doesn't make a more belt and suspenders approach WRONG.

Since it IS "possible" for a CO to ask about the US Citizen's parents and want to verify that information, I understand the recommendation to provide the birth certificate. It simply is NOT a rule or requirement.

Edited April 25, 2012 by pushbrk