I-130 filing required documents: is birth certificate required if I have US passport and Naturalization Certificate?

[dfg102 0]

Hi all,

I recently got married, and just starting with the CR-1 visa process for my foreign husband. I am myself foreign-born, and, unfortunately, I do not have even a copy of my foreign Birth Certificate here in the US. But do I really need it? I thought that it is only required for US-born US citizens who do not have US passport. But the person who we hired to do the paperwork for us insistes that I need it. Now I would have to have my mom go to the goverment office in my hometown and get a replacement copy?

On the other hand, I am really concerned that we send sufficient proof of our relationship with our I-130 filing. We have pictures, email messages and a joint apartment rental lease. But the person we are working with says that for the spousal visa (as opposed to the fiancee visa) just pictures will be sufficient.

It really drives me crazy, because here I have to make my mom do the work to get an unnecessary document, and, on the other hand, the important, in my opinion, document, that we do have, she won't include. She does translation into English, so we kind of need her to file the papers. Am I wrong about doubting this person's advise?

Any comments and advise welcome! Thank you!

[bostonian2013 3]

Copies of birth certificates are REQUIRED for both the petitioner and the benefitioary. Translator needs to be sworn in, not just a regular person.

[dfg102 0]

Copies of birth certificates are REQUIRED for both the petitioner and the benefitioary. Translator needs to be sworn in, not just a regular person.

Thank yoy for your quick response! It is very helpful!

[NikLR 13,232]

**moved to process and procedures from progress reports***

[newacct 688]

Hi all,

I recently got married, and just starting with the CR-1 visa process for my foreign husband. I am myself foreign-born, and, unfortunately, I do not have even a copy of my foreign Birth Certificate here in the US. But do I really need it? I thought that it is only required for US-born US citizens who do not have US passport. But the person who we hired to do the paperwork for us insistes that I need it. Now I would have to have my mom go to the goverment office in my hometown and get a replacement copy?

No. That person is wrong. The I-130 instructions say

If you were born in the United States, a copy of your birth certificate...

Since you were not born in the U.S., that does not apply to you. Plus, that is under a section called "What Documents Do You Need to Show That You Are a U.S. Citizen?", and a foreign birth certificate serves no purpose for proving you are a U.S. citizen. You just need a U.S. passport or a Certificate of Naturalization or Certificate of Citizenship.

Copies of birth certificates are REQUIRED for both the petitioner and the benefitioary. Translator needs to be sworn in, not just a regular person.

As I said above, a foreign birth certificate for the petitioner is not needed. Plus, the I-130 does not need the beneficiary's birth certificate at all.

Edited August 13, 2013 by newacct

[Ryan H 3,856]

But do I really need it? I thought that it is only required for US-born US citizens who do not have US passport. Butthe person who we hired to do the paperwork for us insistes that I need it.

Since it was issued by a foreign authority, it is of no use to you. The purpose of submitting a birth certificate is to establish US Citizenship. Since you were Naturalized, a copy of your Naturalization Certificate or a copy of all pages of a US Passport would establish your citizenship.

On the other hand, I am really concerned that we send sufficient proof of our relationship with our I-130 filing. We have pictures, email messages and a joint apartment rental lease. But the person we are working with says that for the spousal visa (as opposed to the fiancee visa) just pictures will be sufficient.

In any case, pictures are helpful but never sufficient. Any and all evidence of a relationship should be included, evidence of any form that shows time spent together in-person is always your best evidence.

Am I wrong about doubting this person's advise?

No, in fact, this person you hired is giving you a bum steer in more ways than one.

Copies of birth certificates are REQUIRED for both the petitioner and the benefitioary. Translator needs to be sworn in, not just a regular person.

Incorrect. A US Citizen Petitioner has multiple options to establish their citizenship so if a petitioner wishes to use one of those other options, a birth certificate is not required. The beneficiary's birth certificate is not required when filing an I-130 but local offices seem to be using an outdated manual so it's best to include it in order to avoid an RFE. Furthermore, you are also incorrect regarding who can translate, anyone can sign the attestation statement that states the translation is accurate and the person doing the translating is competent to do so. While I usually suggest that the signer be a third party, that third party can be anyone.

Thank yoy for your quick response! It is very helpful!

It was also incorrect and it would be best to disregard it.

Edited August 13, 2013 by Ryan H

[LoveMyTico 999]

No. That person is wrong. The I-130 instructions say

Since you were not born in the U.S., that does not apply to you. Plus, that is under a section called "What Documents Do You Need to Show That You Are a U.S. Citizen?", and a foreign birth certificate serves no purpose for proving you are a U.S. citizen. You just need a U.S. passport or a Certificate of Naturalization or Certificate of Citizenship.

As I said above, a foreign birth certificate for the petitioner is not needed. Plus, the I-130 does not need the beneficiary's birth certificate at all.

I absolutely was asked to send in both birth certificates and I am a USC born here. I had to get my husbands birth certificate translated too.

Its better to send it than need it later and not have it handy. I had everything translated and I included it in my petition. I didn't want any RFE's

[dfg102 0]

Well, thank you everyone for your responses! It seems that I am better of including my birth certificate, even though it serves no purpose for a foreign-born US citizen. However, It helps to avoid erroneous RFEs from overzealous immigration officers.

[NikLR 13,232]

Well, thank you everyone for your responses! It seems that I am better of including my birth certificate, even though it serves no purpose for a foreign-born US citizen. However, It helps to avoid erroneous RFEs from overzealous immigration officers.

Actually including your birth certificate is pointless. It would be a little handy to include a photocopy of the beneficiary's however.