USC petitioner's birth certificate with I-130?

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gabebalazs

Registered Users (C)
I think I know the answer for this but I just need confirmation.

My wife became a US citizen recently, she's petitioning for me, husband.

As far as I know, she does NOT have to submit her birth certificate with the I-130 package, only her Certificate of Naturalization, correct? (her US passport hasn't arrived yet.)

I know they need my birth certificate as the beneficiary.

Am I correct?
thanks
 
I have seen a case where they ask for petitioner's birth certificate at I-864 stage. I know it is ridiculous. Keep it handy if in case they ask for
 
gabebalazs said:
I think I know the answer for this but I just need confirmation.

My wife became a US citizen recently, she's petitioning for me, husband.

As far as I know, she does NOT have to submit her birth certificate with the I-130 package, only her Certificate of Naturalization, correct? (her US passport hasn't arrived yet.)

I know they need my birth certificate as the beneficiary.

Am I correct?
thanks
Click to expand...

Read the instructions in I130, it tells you what to submit with the application.
 
Thanks for the replies.

Yes I did read the instructions PDF of the I-130 many times, I think I could even cite it by heart by now. Logically that's the first thing anyone does, namely check the I130 instructions...

And no, it does not specifically ask for it unless the USC is a born citizen and doesn't have a passport or other means to prove his/her US nationality.

But I saw a NBC page where it says it is needed, that's what confused me I guess.
 
gabebalazs said:
Thanks for the replies.

Yes I did read the instructions PDF of the I-130 many times, I think I could even cite it by heart by now. Logically that's the first thing anyone does, namely check the I130 instructions...

And no, it does not specifically ask for it unless the USC is a born citizen and doesn't have a passport or other means to prove his/her US nationality.

But I saw a NBC page where it says it is needed, that's what confused me I guess.
Click to expand...

unless the USC is petitioning for his/her relatives other than husband, you will need birth cert.
 
OK, I believe that the purpose of the US citizen's birth certificate when petitioning for a foreign spouse is to establish proof of US citizenship based on having been born in the USA. So that's the case if the US citizen is a born US citizen, and obviously has a US birth certificate.

However, my wife is a naturalized citizen, she was born in Hungary and became a naturalized USC last October.

She has her 1.) Certificate of Naturalization and a 2.) fresh US Passport. We are sending copies of these in the I-130/I-485 package as proof of her US citizenship.

So I don't think she needs to send in her birth certificate in addition to the above 2 pieces of evidence of US citizenship, she's not a born US citizen anyway.
PLUS we had to send her BC in when we did her naturalization (N400) process, otherwise she probably wouldn't even have been allowed to became a US citizen. So that was a prerequisite for her to become a US citizen, she got her certificate and that proves her nationality now.

Correct me if I'm wrong.
 
Last edited by a moderator:
applying to be a naturalized citizen don't need birth cert, they only need your GC and your foreign passport. Now, back to your I130..to proof that your wife is a USC, you'll either need her naturalized cert or US passport. It won't hurt if you send both copies. But for you, the applicant, they will need your birth cert.
 
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