K-2 Foreign passport renewal related to AOS

[TennisSoccer 9]

Hi all,

I am a K-2 expired visa holder applying for AOS (see my other posts for more information), I have gotten legal help to sort through most issues, but have a few remaining questions that hopefully the community can help answer.

I currently don't have any unexpired photo identification documents. From my understanding, I shouldn't have any issue renewing my foreign passport, and after receiving it, submitting my AOS documents. Does this make sense?

Timeline wise, is there any possibility of submitting the AOS while waiting for the new passport to arrive in the mail as it is said to take 4-6 weeks, and just use the old passports/receipt from the new passport(?). I will be submitting photocopies of my expired passports with expired visa (one passport is already invalidated with holes punched, and I would expect them to do the same when I renew to my other passport). I understand this is unlikely, as I do not have any other valid forms of photo identification.

My ideal plan would be to renew my passport in the next week, and submit my AOS after my medical exam in the next 2 weeks.

Thanks for the help, and I look forward to hearing back.

[K1visaHopeful 2,815]

You don't provide photo ID with AOS.

You provide the required documents based on your filing type whether they are expired or not. 

[SalishSea 17,833]

14 minutes ago, TennisSoccer said:

Hi all,

I am a K-2 expired visa holder applying for AOS (see my other posts for more information), I have gotten legal help to sort through most issues, but have a few remaining questions that hopefully the community can help answer.

I currently don't have any unexpired photo identification documents. From my understanding, I shouldn't have any issue renewing my foreign passport, and after receiving it, submitting my AOS documents. Does this make sense?

Timeline wise, is there any possibility of submitting the AOS while waiting for the new passport to arrive in the mail as it is said to take 4-6 weeks, and just use the old passports/receipt from the new passport(?). I will be submitting photocopies of my expired passports with expired visa (one passport is already invalidated with holes punched, and I would expect them to do the same when I renew to my other passport). I understand this is unlikely, as I do not have any other valid forms of photo identification.

My ideal plan would be to renew my passport in the next week, and submit my AOS after my medical exam in the next 2 weeks.

Thanks for the help, and I look forward to hearing back.

You are out of status.  On what basis can you adjust status?

[TennisSoccer 9]

Checklist of Required Initial Evidence for Immediate Relatives and Family-Based Preference Form I-485 Applicants 

Checklist for Immediate Relatives

Did you provide the following?

• Two passport style photographs;
• A copy of your government-issued identity document with photograph;

@K1visaHopeful

Reading the "Required Initial Evidence for I-485" it listed a copy of your government issued identity document. From other sources we have read that this needs to be valid and unexpired.

Edited October 10, 2022 by TennisSoccer
clarification

[Chancy 6,241]

14 hours ago, Jorgedig said:

You are out of status.  On what basis can you adjust status?

 

Child of USC, filing concurrently with mom's I-485 from K1.  Thread with background info here --

 

[TennisSoccer 9]

14 hours ago, Jorgedig said:

You are out of status.  On what basis can you adjust status?

This is unrelated to the question I asked, after talking with immigration lawyers and explaining the entire situation, I am eligible to apply for a greencard.

[TennisSoccer 9]

The only question I need help answering is understanding if there is any issue renewing my foreign passport and then using that as photo identification in my I-485 and other AOS documents.

I understand that I wouldn't be able to apply for my foreign passport after I am approved for a green card as I will not be a permanent resident of my foreign passport location. I just want to make sure there isn't any issue applying for a foreign passport before I apply for a green card.

Edited October 10, 2022 by TennisSoccer

[Adventine 3,196]

33 minutes ago, TennisSoccer said:

The only question I need help answering is understanding if there is any issue renewing my foreign passport and then using that as photo identification in my I-485 and other AOS documents.

I understand that I wouldn't be able to apply for my foreign passport after I am approved for a green card as I will not be a permanent resident of my foreign passport location. I just want to make sure there isn't any issue applying for a foreign passport before I apply for a green card.

 

I remember your previous thread and understand that you are trying to resolve issues that should have been your parents' responsibility many years ago.

 

I renewed my passport at the PH embassy in Washington DC last year, after I filed my own AOS package but before I got any US-issued ID. The only difference was that my passport at the time was still valid.

 

No issues either with the PH passport renewal or the AOS package.

 

You remain a PH citizen with a right to renew your PH passport at the PH consulate that covers your US home state. The consular officers have seen pretty much everything and your case, while unusual, is not a hard stop to renewing your PH passport.

 

Can you share the source where you read that you must provide an *unexpired* government ID with your AOS package?

 

Edited October 10, 2022 by Adventine

[Lil bear 4,217]

15 minutes ago, TennisSoccer said:

The only question I need help answering is understanding if there is any issue renewing my foreign passport and then using that as photo identification in my I-485 and other AOS documents.

I understand that I wouldn't be able to apply for my foreign passport after I am approved for a green card as I will not be a permanent resident of my foreign passport location. I just want to make sure there isn't any issue applying for a foreign passport before I apply for a green card.

You remain a citizen of your home country .. that is not affected by living in another country. You need a valid passport as ID   Most of us make very sure to not let it expire. Follow the renewal directions from your home country passport agency to renew it in the US 

[TennisSoccer 9]

39 minutes ago, Adventine said:

 

I remember your previous thread and understand that you are trying to resolve issues that should have been your parents' responsibility many years ago.

 

I renewed my passport at the PH embassy in Washington DC last year, after I filed my own AOS package but before I got any US-issued ID. The only difference was that my passport at the time was still valid.

 

No issues either with the PH passport renewal or the AOS package.

 

You remain a PH citizen with a right to renew your PH passport at the US consulate that covers your US home state. The PH consular officers have seen pretty much everything and your case, while unusual, is not a hard stop to renewing your PH passport.

 

Can you share the source where you read that you must provide an *unexpired* government ID with your AOS package?

 

Great! Thank you for the clarification. This certainly is helpful. Looking back I can't find concrete evidence related to needing an unexpired government ID, it may have been a mix-up while reading all of the information.

You seem like you are knowledgeable in this area, do you mind helping with a few more related questions that you may have experience with?

We will also be going to the embassy in DC to renew my expired passport. What documents do I need to bring to prove that I am still a Filipino citizen? I have my original expired passport with my expired K-2 visa stapled inside, my birth certificate, and my "new" passport that is since expired that I got from the embassy in NYC. Is there anything else I could bring that would support me?

Related to the above, are you aware of any way of expediting the passport process, I have only seen information about if you get it within the Philippines?

Also related, have you looked into the dual citizenship process? It is something I am interested in doing down the road, and seems straight forward enough to apply for after going through the naturalization process in the US.


Lastly, just to clarify my intended next steps:

1. Next weekend (Monday/Tuesday) I will be going to DC to renew my PH passport
   1. I am going to call the embassy tomorrow and ask the same questions about supporting documents (they are closed today due to the holiday)
2. Next week I have my civil surgeon exam part 1, and a few days later the second part.
3. After that I am going to submit my application (using photocopies of my old passports as ID)

 

As you probably noticed, I don't have any information related to my mom, she decided not to continue with the application, which after talking to a few lawyers, due to the Matter of Le and that she and my step-dad upheld their obligations to marry within the 90 day time period, and are together to this day, I am able to submit my AOS. My step-dad filled out the Affidavit of Support, which was the only missing puzzle piece which helps simplify this process. 

Thank you again for the help!

Edited October 10, 2022 by TennisSoccer

[Lil bear 4,217]

1 hour ago, TennisSoccer said:

Great! Thank you for the clarification. This certainly is helpful. Looking back I can't find concrete evidence related to needing an unexpired government ID, it may have been a mix-up while reading all of the information.

You seem like you are knowledgeable in this area, do you mind helping with a few more related questions that you may have experience with?

We will also be going to the embassy in DC to renew my expired passport. What documents do I need to bring to prove that I am still a Filipino citizen? I have my original expired passport with my expired K-2 visa stapled inside, my birth certificate, and my "new" passport that is since expired that I got from the embassy in NYC. Is there anything else I could bring that would support me?

Related to the above, are you aware of any way of expediting the passport process, I have only seen information about if you get it within the Philippines?

Also related, have you looked into the dual citizenship process? It is something I am interested in doing down the road, and seems straight forward enough to apply for after going through the naturalization process in the US.


Lastly, just to clarify my intended next steps:

1. Next weekend (Monday/Tuesday) I will be going to DC to renew my PH passport
   1. I am going to call the embassy tomorrow and ask the same questions about supporting documents (they are closed today due to the holiday)
2. Next week I have my civil surgeon exam part 1, and a few days later the second part.
3. After that I am going to submit my application (using photocopies of my old passports as ID)

 

As you probably noticed, I don't have any information related to my mom, she decided not to continue with the application, which after talking to a few lawyers, due to the Matter of Le and that she and my step-dad upheld their obligations to marry within the 90 day time period, and are together to this day, I am able to submit my AOS. My step-dad filled out the Affidavit of Support, which was the only missing puzzle piece which helps simplify this process. 

Thank you again for the help!

https://www.us-passport-service-guide.com/how-to-renew-a-philippine-passport-in-the-us.html#:~:text=Philippine Passport Renewal Application Requirements&text=A copy of any valid,name must be clearly visible.&text=Passport fee (%2460) which,certified check or cashier's check.

[TennisSoccer 9]

6 minutes ago, Lil bear said:

https://www.us-passport-service-guide.com/how-to-renew-a-philippine-passport-in-the-us.html#:~:text=Philippine Passport Renewal Application Requirements&text=A copy of any valid,name must be clearly visible.&text=Passport fee (%2460) which,certified check or cashier's check.

This is a page that I have found before, but resulted in the questions above.

• Proof that applicant has not applied for foreign citizenship (green card)
  • What qualifies as proof I have not applied for a green card?
• A copy of any valid proof of identification (driver's license, birth certificate, marriage certificate, etc) Middle name must be clearly visible.
  • I assume that a copy of my original birth certificate qualifies, but just wanted to verify.

[Lil bear 4,217]

32 minutes ago, TennisSoccer said:

This is a page that I have found before, but resulted in the questions above.

• Proof that applicant has not applied for foreign citizenship (green card)
  • What qualifies as proof I have not applied for a green card?
• A copy of any valid proof of identification (driver's license, birth certificate, marriage certificate, etc) Middle name must be clearly visible.
  • I assume that a copy of my original birth certificate qualifies, but just wanted to verify.

Green card is evidence of residency not citizenship.

[Adventine 3,196]

3 hours ago, TennisSoccer said:

This is a page that I have found before, but resulted in the questions above.

• Proof that applicant has not applied for foreign citizenship (green card)
  • What qualifies as proof I have not applied for a green card?
• A copy of any valid proof of identification (driver's license, birth certificate, marriage certificate, etc) Middle name must be clearly visible.
  • I assume that a copy of my original birth certificate qualifies, but just wanted to verify.

This is a classic example of confusing instructions written by someone who never asked a second person to proofread their work. 

 

For point #1 it should have read *example*, green card. Because clearly a US citizen should not have a green card. 

 

For point #2, yes, your birth certificate will do.

 

It's a good idea to bring all your old passports too. Those items should be enough to prove you are a PH citizen.

 

I never looked into expedited passport processing at the PH embassy in DC but the normal processing turnaround times last year was 6-8 weeks. Not that much of a wait, really.

 

PH dual citizenship is relatively easy to acquire. You can easily take care of it with another visit to the embassy in DC. But that can wait until after you've resolved your GC and US naturalization issues.

 

It's very strange that your mother didn't decide to continue with her own AOS application. From what I understood, your AOS application is dependent on hers. I hope you have addressed this with your lawyer. 

[SalishSea 17,833]

36 minutes ago, Adventine said:

This is a classic example of confusing instructions written by someone who never asked a second person to proofread their work. 

 

For point #1 it should have read *example*, green card. Because clearly a US citizen should not have a green card. 

 

For point #2, yes, your birth certificate will do.

 

It's a good idea to bring all your old passports too. Those items should be enough to prove you are a PH citizen.

 

I never looked into expedited passport processing at the PH embassy in DC but the normal processing turnaround times last year was 6-8 weeks. Not that much of a wait, really.

 

PH dual citizenship is relatively easy to acquire. You can easily take care of it with another visit to the embassy in DC. But that can wait until after you've resolved your GC and US naturalization issues.

 

It's very strange that your mother didn't decide to continue with her own AOS application. From what I understood, your AOS application is dependent on hers. I hope you have addressed this with your lawyer. 

This was why I asked the question earlier in the thread.   No one seems to think it is a problem, including lawyers, so OP should be good to go.