I-130 passport for beneficiary: What's needed?

[illinoisjoe 1]

Hello! Recently married my Argentinian wife who has a Tourist B1/B2 visa. Now we're embarking on changing her status and we're having the first of probably many questions.

The checklist on this site says to include the intending immigrant's birth certificate or passport along with English translation. Well, we don't have her birth certificate here, so we were going the passport route.

Why is this required? None of the US gov's instructions that I can see require anything more than a marriage certificate for the I-130.

If it is, do I really need all the pages of her passport? And I need to translate them all? (Can I or she do the translating?)

She has two passports now (expired one with US Visa in it AND the current one) and lots of stamps to spanish countries that I don't want to translate if I can help it. Also, almost all of her passport has english translations right below the spanish, with the notable exception of stamps and some of the answers to the information (e.g. Marital status: Soltera, which means "single").

so... maybe I should have her mom scan and send her birth certificate? or does it have to be an official certified copy?

Thanks

[Hypnos 6,576]

A certified copy of the alien's birth certificate is a requirement for the I-485, if you are adjusting status in the US.

You state she is "changing her status".

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Mollie09 1,543]

The checklist on this site says to include the intending immigrant's birth certificate or passport along with English translation. Well, we don't have her birth certificate here, so we were going the passport route.

I think you misunderstood the instructions. For the petitioner (US Citizen) you can send a passport, birth certificate OR naturalization certificate as proof of citizenship. For the beneficiary (alien spouse) you ABSOLUTELY need an original copy of the birth certificate along with a certified translation, it's not an option to use the passport instead. You ALSO need the alien's passport (all pages) but that doesn't need to be translated.

The birth certificate is a requirement, if you can't get it, there's a list of other documents you can submit, but the passport is not a replacement for it.

Edit: http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Page 3 of the instructions.

Edited July 14, 2014 by F1H1I130

[illinoisjoe 1]

Thanks for your help, all. Where does this info come from? I can't find any mention of the "alien relative" needing a passport or birth certificate in the I-130 instructions from the government.

The step I'm referring to in the checklist (http://www.visajourney.com/content/i130guide2) is under "assembling the I-130 Package: Checklist". Step 7: A copy of the indtending immigrant's birth certificate AND/OR passport along with English translation.

It says "AND/OR" and it says nothing about a CERTIFIED or ORIGINAL copy of the birth certificate.

So, what the checklist says doesn't seem to exactly match what I'm seeing here or what I can find from the US government forms.

I'm still a bit confused but it sounds like I need to look into getting a certified birth certificate sent from Argentina stat!

[Mollie09 1,543]

You're looking at the I-130, but you'll also need to file the I-485 to adjust your wife's status since she's already in the US. These forms are usually filed jointly (concurrently). Filing the I-130 won't give her any status, to get her permanent residency you'll need to file the I-485, and the instructions for that (which I reference above) require a birth certificate.

Hope this helps!

Edited July 14, 2014 by F1H1I130

[Henmoh 2]

You're quiet right in your observation that the I130 instructions posted on USCIS website do not specifically require the passport of the intending immigrant. Whereas the checklist on VJ says it must be included. I was confused about it too at first. Finally I included my passport copy with my I130 petition since it mentions my husband's name and hence is an additional source of evidence for our marital status.

Of course like everyone else has already said, you have to submit the birth certificate as part of the I485 application. So you will have to get a copy of the birth certificate. It doesn't have to be certified as such. However, if you need a translation, the translator must certify.

Hope that helps!

[illinoisjoe 1]

Thank you, this makes much more sense now. Maybe that checklist should be clarified or updated, huh?

You're quiet right in your observation that the I130 instructions posted on USCIS website do not specifically require the passport of the intending immigrant. Whereas the checklist on VJ says it must be included. I was confused about it too at first.