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AKvisajourney

I130 peitioner doesnt have certificate of citizenship

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But they may just reject your I-130. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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11 hours ago, AKvisajourney said:

So,if i understand correctly,  I can stay in USA even after 60 days H1B grace period ends, And file for green card after whatever 2-3 months it takes to get renewed passport?

Correct, you can stay after grace period ends and file I-130 packet with AOS packet when the US citizen has an unexpired US passport. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

  • The applicant is now employed or has ever been employed in the United States without authorization; 

  • The applicant is not in lawful immigration status on the date he or she files the adjustment application; 

  • The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 

  • The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 

  • The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 

  • The applicant has ever violated the terms of his or her nonimmigrant status.

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Filed: AOS (pnd) Country: India
Timeline

so if at all i ll only need first and last page photocopies of old passport before submitting it for renewal, right?

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Filed: Timeline
5 hours ago, NikLR said:

But they may just reject your I-130. 

 

5 hours ago, NancyNguyen said:

Worst, they may just cash his check and deny the application later without RFE.

 

True.

From the I-130 Instructions, p.3.

 

Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the General
Requirements section of these Instructions. USCIS may issue a Notice of Intent to Deny (NOID) or a Denial Notice for
petitions filed without the required supporting evidence.

 

 

USCIS says 'may' so you can still try. Maybe you'll just get an RFE.

Edited by xyz12345
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