birth certificate lost

[sim.h 0]

Hello all,

I got married 16 months ago and now am filing to get my green card. My birth certificate was lost and I see that I need it to file for the I-485 package. Can I use my passport instead and just attach a letter explaining what had happened with the passport? Has anyone encountered a similar situation before? Thanks!

[NikLR 13,232]

how did you enter the USA? K1 or other visa?

[sim.h 0]

I entered with an F-1 visa and I maintained my status. I am still in school.

[NikLR 13,232]

~~moved to aos from work, tourist, and student visas from ir1/cr1 process and procedures~~

Can you get a new one?

[sim.h 0]

It's pretty complicated to get a new one and I am kinda pressed by time. If I know I have no other choice and the passport with the explanatory letter attached could not substitute for the birth certificate, then I will try to get a new one. But I was wondering if anyone could let me know if thae passport would work.

Thanks!

[maestro 41]

U need yr birth certificate. Try to get it. If u send the AOS package without yr birth certificate, u will get RFE.

Good luck

[Pitaya 2,577]

The requirement is pretty clear in the Form I-485 instructions:

Birth certificate

Submit a copy of your foreign birth certificate or other record of your birth that meets the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2(b)(2).

REF: Page 3, https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

I would suggest that you obtain multiple copies of your birth certificate, you never know when you are going to need a copy.

You may want to take some time and review the form instructions to see what else is required to submit with your Form I-485 packet submission.

Good luck on your immigration journey.

Edited June 26, 2016 by Pitaya

[NikLR 13,232]

Since overstay for USC spouses is forgiven, i agree that you should take the time to get this done right.

[sim.h 0]

Thank you everyone for your input! I will look into obtaining a new one. Thanks again!

[Mrs. Wild 87]

Depending on your country, the consulate (for your country of birth) should be able to give you a copy of your birth certificate. A passport is proof of citizenship, but you still need your birth certificate.