Birth Certificate Required?

[william james 0]

Hi, I am the LPR petitioning to have my wife come to the United States. I have 2 questions here:

(1) Do I (as a LPR) need to provide a birth certificate? I immigrated to the United States from Canada and am a LPR.

(2) How long should I expect the whole process to take for my wife to join me in the US?

Thanks

[aleful 1,905]

hi

yes, both of you do, the process will take around 2 years

[william james 0]

hi

yes, both of you do, the process will take around 2 years

Thank you for your reply. May I ask how and where you found the information relating to the requirement of a birth certificate? I can see on the i-130 form that the petitioner must submit one if he/she is a US Citizen, but it does not say that it is required for LPRs. Can you please share with me where you were able to obtain this information?

Thank you

[Ryan H 3,812]

Petitioner's birth certificate is not required at any point in this process.

[william james 0]

Petitioner's birth certificate is not required at any point in this process.

Can you please let me know where this information was found?

[tsabbas 47]

The instructions for the I-130 is clear on documents required. I would think these should be considered the most reliable source.

I would suggest you read them yourself which I'm assuming you already did since you're working on the form...but here's the link in case you didn't. Document requirements on page 2.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Edited December 23, 2015 by tsabbas

[william james 0]

The instructions for the I-130 is clear on documents required. I would think these should be considered the most reliable source.

I would suggest you read them yourself which I'm assuming you already did since you're working on the form...but here's the link in case you didn't. Document requirements on page 2.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Thanks, but I've already read it. It say's its required if you are a US citizen petitioner, but ti doesn't make any mention of a birth certificate under LPR's... hence, why I started this thread.

[tsabbas 47]

Exactly my point. It makes no reference to birth certificate except if it's to prove US citizenship. It sounds like you are asking for someone to provide documentation that specifically says "PR birth certificate is not required". There's no document from USCIS that says this. You can only go by what it says in instructions.

[Ryan H 3,812]

Thanks, but I've already read it. It say's its required if you are a US citizen petitioner, but ti doesn't make any mention of a birth certificate under LPR's... hence, why I started this thread.

That's not what it says at all, no petitioner, USC or LPR is required to submit a birth certificate. A US Citizen must show they are a US Citizen and are given multiple examples of how to do that. All an LPR needs to is show that they are an LPR and a photocopy of your green card will accomplish that.

**Moderator hat on**

***Post by the OP in another member's thread removed; do not post your own questions in threads started by other members under the no spamming provision of the VJ Terms of Service. Doing so again will result in Administrative Action.***

Edited December 23, 2015 by Ryan H

[william james 0]

That's not what it says at all, no petitioner, USC or LPR is required to submit a birth certificate. A US Citizen must show they are a US Citizen and are given multiple examples of how to do that. All an LPR needs to is show that they are an LPR and a photocopy of your green card will accomplish that.

**Moderator hat on**

***Post by the OP in another member's thread removed; do not post your own questions in threads started by other members under the no spamming provision of the VJ Terms of Service. Doing so again will result in Administrative Action.***

On page 2 of the i130 pdf it says the following: "What documents do you NEED to show that you are a US citizen", and then the first thing listed is a birth certificate. Am I missing something?

[Ryan H 3,812]

On page 2 of the i130 pdf it says the following: "What documents do you NEED to show that you are a US citizen", and then the first thing listed is a birth certificate. Am I missing something?

That's one item on a list of items a US Citizen can use to show their citizenship. A US Citizen would only need to submit ONE of those items, not all. Furthermore, not all US Citizens will have a birth certificate that is usable in order to show US Citizenship (e.g. people who went through the Naturalization process).

[william james 0]

That's one item on a list of items a US Citizen can use to show their citizenship. A US Citizen would only need to submit ONE of those items, not all. Furthermore, not all US Citizens will have a birth certificate that is usable in order to show US Citizenship (e.g. people who went through the Naturalization process).

Okay, that makes sense then. Thank you for the explanation. As for the processing time, is it true that the wait is approx 2 years?

[Ryan H 3,812]

Okay, that makes sense then. Thank you for the explanation. As for the processing time, is it true that the wait is approx 2 years?

Yes because spouse of an LPR is a visa category that is subject to annual numerical limitations.

[laddu 2]

in your category birth certificate will be required when your case will proceed to nvc and you will send AOS along with supporting documents..

[Ryan H 3,812]

in your category birth certificate will be required when your case will proceed to nvc and you will send AOS along with supporting documents..

The beneficiary's yes, not the petitioner's.