I130 peitioner doesnt have certificate of citizenship

[AKvisajourney 0]

my wife's USA passport is expired and she was not born in USA(her family moved to USA when she was 1 year old) so she doesn't have birth certificate or any naturalization certificate. What are our options to submit her US citizen proof.

 

Passport renewal will take few months due to covid 19, and need to file i130 next week.

 

[arken 4,197]

Two options:

1. Submit the copy of the expired passport and hope USCIS accepts it. In the mean time have your wife apply for new passport so its copy can be provided in case USCIS asks for it later on.

 

2. File i130 after getting the new passport.

[AKvisajourney 0]

My GF is petitioning for my green card, but her passport expired in 2017.

She came to usa with her Mom when she was 1 year old. so she doesn't have birth certificate.

She doesnt remember how she got citizenship, (i am guessing her mom filed N600), so she is claiming she also dont have certificate of citizenship.

 

What are our other options to prove that she is USA citizen?  we have to file i130 next week.

 

[Nat&Amy 623]

What documents does she have? Does she have a passport?

[NancyNguyen 1,657]

It is called derivative citizenship, her parents became citizen when she was under 18 so she could obtain her US passport. She needs to send in a copy of an unexpired US passport as proof of citizenship. You said it is expired now so she needs to renew it first, passport renewal is significant backlogged now due to pandemic so she has to wait until she has a renewed passport. If she sends I-130 without initial evidence of citizenship, they will reject her application.

[AKvisajourney 0]

17 minutes ago, Nat&Amy said:

What documents does she have? Does she have a passport?

yes but its expired

[NancyNguyen 1,657]

7 minutes ago, AKvisajourney said:

yes but its expired

3. What documents do you need to show that you are a U.S. citizen?
A. A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing
that you were born in the United States;
B. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former Immigration
and Naturalization Service (INS);
C. A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
D. A copy of your unexpired U.S. passport; or
E. An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
If you do not have any of the above documents and you were born in the United States, see the What if an official
document is not available section of these Instructions.

[Troy B 221]

I saw a reference to online DS-82: U.S. Passport Renewal Application in a thread here yesterday,  renewal takes between 3-4 weeks.  Note for a renewal the expired passport has to be less then 5 years expired, or else you have to request a new passport which would require probably the same proof you said she is missing.

[NancyNguyen 1,657]

2 minutes ago, Troy B said:

I saw a reference to online DS-82: U.S. Passport Renewal Application in a thread here yesterday,  renewal takes between 3-4 weeks.  Note for a renewal the expired passport has to be less then 5 years expired, or else you have to request a new passport which would require probably the same proof you said she is missing.

Unless you have a life-or-death emergency, please wait to apply for or renew your passport or you will experience significant delays of several months to receive your U.S. passport and your citizenship evidence documents. 

[JFH 12,189]

43 minutes ago, AKvisajourney said:

My GF is petitioning for my green card, but her passport expired in 2017.

She came to usa with her Mom when she was 1 year old. so she doesn't have birth certificate.

She doesnt remember how she got citizenship, (i am guessing her mom filed N600), so she is claiming she also dont have certificate of citizenship.

 

What are our other options to prove that she is USA citizen?  we have to file i130 next week.

 

Girlfriend? An I-130 is for a spouse. You must be legally married. 

[AKvisajourney 0]

30 minutes ago, JFH said:

Girlfriend? An I-130 is for a spouse. You must be legally married. 

sorry spouse*

[AKvisajourney 0]

32 minutes ago, NancyNguyen said:

Unless you have a life-or-death emergency, please wait to apply for or renew your passport or you will experience significant delays of several months to receive your U.S. passport and your citizenship evidence documents. 

Yes, because of covid 19 delays I am afraid to apply for renewal.

 

Has anyone applied with expired passport? what are the chances of getting rfe or reject? 

I can maybe attach the receipt of renewal request in i130 packet. 

 

[pushbrk 12,114]

7 minutes ago, AKvisajourney said:

Yes, because of covid 19 delays I am afraid to apply for renewal.

 

Has anyone applied with expired passport? what are the chances of getting rfe or reject? 

I can maybe attach the receipt of renewal request in i130 packet. 

 

If you send a copy of an expired US passport as evidence of US Citizenship, expect an RFE.  If you have the renewed one by then, the delay will be just a few weeks.  Renew your passport.  Your expired one is needed to renew.

[SteveInBostonI130 3,319]

2 hours ago, AKvisajourney said:

My GF is petitioning for my green card, but her passport expired in 2017.

She came to usa with her Mom when she was 1 year old. so she doesn't have birth certificate.

She doesnt remember how she got citizenship, (i am guessing her mom filed N600), so she is claiming she also dont have certificate of citizenship.

 

What are our other options to prove that she is USA citizen?  we have to file i130 next week.

 

Just to be clear... your girlfriend is actually your spouse?   And she is petitioning for a spouse visa?  Or is this some other type of category for a "green card"?

 

Also, why do you need to file the petition next week?

 

[igoyougoduke 1,605]

1 hour ago, AKvisajourney said:

Yes, because of covid 19 delays I am afraid to apply for renewal.

 

Has anyone applied with expired passport? what are the chances of getting rfe or reject? 

I can maybe attach the receipt of renewal request in i130 packet. 

 

Instructions clearly say Valid US passport and not expired US passport.