From uscis website ( Tip for filing petition/application), for I-130, it said "submit both the petitioner’s and beneficiary’s birth certificates with English translations (if needed)", but in the instruction for form I-130, it doesn't say anything about birth certificate..Anybody knows the right way to do this? My husband doesn't have the birth certificate (borned outside US but will be citizenship soon), can she use the naturalization certificate instead? Anyone pls clarify for me..Thanks
Form I-130, need to submit birth certificate for both petitioner and beneficiary?
- Thread starter pp_uu_ii
- Start date
If you are waiting to file AOS once your husband become a citizen..All you need is his naturalization certificate and your birth certificate. For parent-children-vice-versa and sibling filings...you will need birth certificate for both parties even if the petitioner is a citizen.
JohnnyCash
Volunteer Moderator
Submitting of Birth Certificate (or secondary evidence in lieu of BC if BC is not available) for intending immigrant is MUST, but it's not required for US citizen as they can submit either BC, copy of US passport or naturalization certificate. The purpose for USCIS to ask either one of these documents from US citizen is just to confirm their US citizenship and not birth information; while BC is asked from intending immigrant to confirm their birth.
JohnnyCash
Volunteer Moderator
Submitting birth certificate with form I-485 is mandatory but not with the form I-130. However, there have been numerous cases wherein USCIS did ask for the BC from intending immigrant with form I-130 as well. Thus, it's better to submit with both forms.
One more thing pls, I only have one original certified translation of my birth certificate, should i attach the original certified one with I-485 and for I-130 just attach the copy of the certified copy? Or i can just submit the copies of certified translation for both forms and keep the original certified one for my future use? Will USCIS accept the copies of the certified translation? Thanks a lot
JohnnyCash
Volunteer Moderator
One more thing pls, I only have one original certified translation of my birth certificate, should i attach the original certified one with I-485 and for I-130 just attach the copy of the certified copy? Or i can just submit the copies of certified translation for both forms and keep the original certified one for my future use? Will USCIS accept the copies of the certified translation? Thanks a lot
NEVER EVER submit ORIGINAL of any documents. Always submit photcopies of anything, certified or not. You need to submit photocopy of translation of your BC. Just take original of any document with you to the interview because if USCIS/adjudication officer would like to see the original of any document then you can show to them at the interview, but only to show to them and not to keep.
I got it now.. Thanksssss