Petitioner Expired Passport w/o Birth Certificate

[acrossthepacific 0]

Hey all,

I am petitioning for my wife. I am a USC, I have my passport but it expired last year. Will they give trouble? Or is it enough to substantiate USC with that expired passport alone??

I don't want to go through the trouble of getting birth certificate. And I'd rather not bother with renewing my passport as I'm not going to travel for a while. We want to submit forms now as her current work authorization ends soon, passport takes 4-6 weeks and I'm too strapped for $$$ to expedite anything, nor can I be bothered to fill out yet another form! =P

Thanks.

[apple21 953]

What Documents Do You Need to Show That You Are a U.S. Citizen?

1. If you were born in the United States, a copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.

2. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.

3. A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate.

4. A copy of your unexpired U.S. passport; or
5. An original statement from a U.S. consular officer

verifying that you are a U.S. citizen with a valid passport.

6. If you do not have any of the above documents and you were born in the United States, see instructions on Page 4, "What If a Document Is Not Available?"

What If a Document Is Not Available?

In such a situation, submit a statement from the appropriate civil authority certifying that the document or documents are not available. You must also submit secondary evidence, including:

A. Church record: A copy of a document bearing the seal of the church, showing the baptism, dedication or comparable rite occurred within two months after birth, and showing the date and place of the child's birth, date of the religious ceremony, and the names of the child's parents.

B. School record: A letter from the authority (preferably the first school attended) showing the date of admission to the school, the child's date of birth or age at that time, place of birth, and names of the parents.

C. Census record: State or Federal census record showing the names, place of birth, date of birth, or the age of the person listed.

D. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove. For example, the date and place of birth, marriage or death. The person making the affidavit does not have to be a U.S. citizen. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event, and complete details explaining how the person acquired knowledge of the event.

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

Edited June 3, 2014 by apple21

[sweet cakes 326]

Hey all,

I am petitioning for my wife. I am a USC, I have my passport but it expired last year. Will they give trouble? Or is it enough to substantiate USC with that expired passport alone??

I don't want to go through the trouble of getting birth certificate. And I'd rather not bother with renewing my passport as I'm not going to travel for a while. We want to submit forms now as her current work authorization ends soon, passport takes 4-6 weeks and I'm too strapped for $$$ to expedite anything, nor can I be bothered to fill out yet another form! =P

Thanks.

Based from the I-130 instructions, if the petitioner is submitting a US passport as proof of citizenship, it has to be valid and unexpired. See Page 2: http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

My husband just recently renewed his passport and didn't take him that long though.

Edit: Yeah, just what Apple said.

Edited June 3, 2014 by sweet cakes

[acrossthepacific 0]

Sh*t! Oh well, I'll have to dig out the Birth Certificate or get this passport renewed... OK Thanks!!

Has anyone tried to submit using an expired passport and not gotten RFE for it...?

[Converts 9]

You give an impression that renewing your passport is such a hassle.

[ricnally 258]

If you're already finding it too much "trouble" to get the required documents or fill in more forms, you're in for a very long and unpleasant ride.

[KayDeeCee 4,892]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[khenzee 5]

Sh*t! Oh well, I'll have to dig out the Birth Certificate or get this passport renewed... OK Thanks!!

Has anyone tried to submit using an expired passport and not gotten RFE for it...?

An expired passport isn't usually valid. I wouldn't risk the RFE.

[acrossthepacific 0]

OK Thanks for the info folks, I'm going for a trip to my hometown, so I'll just pick up a copy of my birth certificate.

Wife needs her EAD ASAP and didn't realize passport was expired so can't risk another 4-6 weeks + $110 to wait for that to come. I'll get it done eventually, have to travel anyways, but my priority is to get this petition in.