Does my American passport need to be valid for me to petition form I-130 for my husband?

This will be my second time petitioning, they closed my case the first time due to abandonment because they said I had to keep calling to ask about my case. Can I petition with an expired passport, the US consulate is booked, and I’ll need at least a month before I can get a new one? It is only a few months expired.

Asked on February 28, 2015 under Immigration Law, Minnesota


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are you a US citizen in the US or overseas?� you don't need to have a valid passport to submit I-130 since you don't even need to have a passport.� you just need to have proof of US citizenship which can be a birth certificate.

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