I-130 USC Passport

[lala1986 0]

My husband (usc) does not have a passport. I'm not clear on whether or not a birth certificate and passport are required to file I-130. Will just a copy of his us birth certificate be enough? Thanks for your help.

[Penguin_ie 5,997]

Are you filing for Adjustment of Status from within the USA as per your profile, or a CR-1 spousal visa as per the forum you posted in?

Does your husband not have a passport simply because he never got one, and you married inside the USA, or was it taken away from him due to child support arrears or some other reason?

[lala1986 0]

I'm filing for adjustment of status within the USA. Sorry if I posted on the wrong forum! I couldn't find the one I was categorized under. My husband doesn't have a passport because he never got one. He just realized that he lost his social security card (I know) so applying for a us passport at this point would take a while. Can I submit it with just his birth certificate?

[The Mean Lady 604]

I'm filing for adjustment of status within the USA. Sorry if I posted on the wrong forum! I couldn't find the one I was categorized under. My husband doesn't have a passport because he never got one. He just realized that he lost his social security card (I know) so applying for a us passport at this point would take a while. Can I submit it with just his birth certificate?

You are required a passport OR birth cert for the USC

[lala1986 0]

Thank you very much! Will send in and keep you all updated for others who are in the same boat as us.

[pushbrk 13,124]

I'm filing for adjustment of status within the USA. Sorry if I posted on the wrong forum! I couldn't find the one I was categorized under. My husband doesn't have a passport because he never got one. He just realized that he lost his social security card (I know) so applying for a us passport at this point would take a while. Can I submit it with just his birth certificate?

Yes. When reading instructions, pay very close attention to all the words in sentences, especially the word "or" in this instance.

[Penguin_ie 5,997]

**** Moving from CR-1 spousal visa forum to AOS from work/ tourist etc visa forum ****

[lala1986 0]

I wasn't sure because this is what the instructions for filing I-130 states:

What Documents Do You Need to Show That You Are a U.S. Citizen?

1. If you were born in the United States, a copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.

2. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.

3. A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate.

4. A copy of your unexpired U.S. passport; or

5. An original statement from a U.S. consular officer

verifying that you are a U.S. citizen with a valid passport.

6. If you do not have any of the above documents and you were born in the United States, see instructions on Page 4, "What If a Document Is Not Available?"

I only see an "or" between 4 and 5; nothing between 1 & 4. 2 & 3 wouldn't apply because he's not "naturalized" and he was born in the US.

[pushbrk 13,124]

I wasn't sure because this is what the instructions for filing I-130 states:

What Documents Do You Need to Show That You Are a U.S. Citizen?

1. If you were born in the United States, a copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.

2. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.

3. A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate.

4. A copy of your unexpired U.S. passport; or

5. An original statement from a U.S. consular officer

verifying that you are a U.S. citizen with a valid passport.

6. If you do not have any of the above documents and you were born in the United States, see instructions on Page 4, "What If a Document Is Not Available?"

I only see an "or" between 4 and 5; nothing between 1 & 4. 2 & 3 wouldn't apply because he's not "naturalized" and he was born in the US.

Then they keyword is bold above.