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

[newacct 688]

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?

[tbj712 0]

I dont suggest doing that cos you will just get stuck with an RFE and i believe your AP and EAD will be delayed as well until you give them your birth certificate.

[blankmedia 41]

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?

A birth certificate is considered "initial evidence" and when you get an RFE for initial evidence the EAD and AP are stopped in their tracks until it is sent in. If it were "additional evidence" that would not be the case. Don't file without the BC, you won't be gaining anything.

[VanessaTony 3,567]

If you file you WILL be RFE'd. An RFE WILL stop your EAD and AP from being processed. You will also be given 86 days to reply and failure to reply in time will result in denial. So get the birth certificate (if it's possible) BEFORE filing.

[Villanelle 4,122]

Well since youre filing for 3 reasons 1- the DL the EAD and AP.

So, If the state simply requires the NOA for the DL, you will receive the NOA upon filing, however like the above posters mentioned your application will then be dead in the water as a subsequent RFE will be issued for the birth certificate. But if all you needed was the NOA, then you have it and can obtain the DL. If you need the EAD card for the DL, then failing to send in the birth certificate will cause the EAD application to also cease to move so no EAD and no DL.

And no AP.

So the question is what do you need in your state to obtain the DL? Just the NOA or the NOA and the EAD card? Or just the EAD card?

You will get the NOA upon filing w/o the birth certificate, but you will not get the EAD.