Asked in Immigration Law

Q: Does foreign spouse have to submit birth certificate copy when filing I-130?

I am a US Citizen planning on petitioning for my foreign wife. A third-party source I read said to include copy of foreign spouse birth certificate when filing the I-130 petition but I can’t find that information anywhere on the official gov website or forms. It seems foreign birth certificates are required when children are involved, but not the foreign spouse.

Is this the case? Does she have to submit a copy of her birth certificate as well? Because her government has a massive backlog and it could take a very long time to get that. So if we didn’t have to submit it when filing the I-130 that would be a major relief.

Thank you for the answer.

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: So if you go to the US CIS website, you can find that there is a document called “instructions for the I 130 form.” You have to read those instructions, and it will explain exactly what supporting documentation you must provide when submitting the I 130.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: A spousal relative petition (FORM I-130) does not require the birth certificate of the beneficiary. The petitioner’s birth certificate can be submitted to USCIS if the petitioner was born in the U.S.

Drew Elesh agrees with this answer

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