I-130 doucments problem

[chinghojames]

Hi,

I am currently holding a British National Oversea passport which expired on April 2007. I entered the USA as a student (F-1 visa) and the expiration day is July, 2007. Can I still use this passport as a valid document for application for I-130? I called the British Consular in D.C. and they said the only way to renew my passport is to mail them the old one along with the application. The problem is my F-1 visa & I-94 is attached to my old passport and I need them for other application in the pass (i.e Marriage license, OPT program.) If I submit the my current passport will it still be a valid document for my application for I-130?

P.S I just got married and I do have all other document ready for I-130 and I-485


Thank you

ChingHo Wu

 

[PraetorianXI]

The I-130 Form Filing Instructions DO NOT require a passport for the alien. Only for the Petitioner (USC) it must be unexpired and it is required to proof US Citizenship.

The I-485 Form Filing Instructions DO require a passport for the alien, along with the Visa Stamp used to enter the country and the I-94 given at the port of entry. It does not say "unexpired" passport.

That being said, I think you can go ahead and file it with a copy of the expired passport. Go ahead and renew it though, you will need it to travel.