Applying for I-130 on expired passport...

H

haraputta

Registered Users (C)
Friends,
I was about to file I-130 and I-485 for my wife when I realized that her passport is expired. My question is can I still go ahead and send copies of her expired passport wherever the applications ask for one? or should I renew her passport first before filing for I-130 and I-485.

I do not want USCIS to generate any RFE about this?

Any feedback/suggestion will be appreciated.

Thanks.
 
I had sent copies of my expired passport for my I-130/I-485 applications, and renewed my passport in the meantime, I had a valid passport for my AOS interview, never had a problem with it. I'm not sure if I was lucky, or it is ok to send copies of expired passport...
 
i actually just went through pretty much this exact process. i did a ton of research about the expired passport issue, and this is what i found --
1) you won't find a "hard and fast rule" about the passport expiration issue
2) a valid passport is not necessarily a requirement for AOS. the passport is only REQUIRED for two reasons -- a) identity document and b) proof of legal entry to the US. if you have a driver's license or some other gov't issue-ID (such as an EAD), you don't need your passport for (a), in which case an expired passport is fine for (b).
3) officer at an infopass appointment told me that at an expired passport isn't a problem
4) officer at the california service center also told me that an expired passport isn't a problem as long as you don't plan to travel
5) my lawyer said it shouldn't be a problem, but that the interviewing officer has a lot of discretion in this regard
6) i went through the AOS process without a valid passport (mine had expired), and it was not an issue -- i was approved at the interview.

hope this helps. as i said, in (1), you won't find a hard and fast rule on this. search all over and you will find people who got through it without a problem and nobody saying it was a problem for them, but that doesn't mean it's airtight. of course, if you get a new passport while aos is pending, you are fine.
 
Thanks ella04 and jdbase for your responses. I feel much more comfortable now. I do plan to renew my wife's passport while we await our interview for AOS. I just did not USCIS to generate an RFE in this regard.

Thanks.
 
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