Can I apply with expired passport?

[riv]

My spouse passport is expired 4 months ago, we already applied for the passport renewal trough local consulate, they sent all documents to original country and we are waiting for the passport to arrive. The consulate is not able to give any update on the timings and even guaranty what we will get renewed passport in the next months. The country were she came from is full bureaucracy and disaster to me.

At the same time, I would like to apply for her GC trough marriage on USC. Can we use photocopy of original and expired passport for the application?

[asPapi]

Yes. particularly if the expired passport contains visa and/or I-94 stamping information showing legal entry into the U.S.

[PraetorianXI]

My spouse passport is expired 4 months ago, we already applied for the passport renewal trough local consulate, they sent all documents to original country and we are waiting for the passport to arrive. The consulate is not able to give any update on the timings and even guaranty what we will get renewed passport in the next months. The country were she came from is full bureaucracy and disaster to me.

At the same time, I would like to apply for her GC trough marriage on USC. Can we use photocopy of original and expired passport for the application?

What is that country?

[bbqchickenrobot]

I was under the impression that you needed a valid passport to apply for AoS

[riv]

Yes. particularly if the expired passport contains visa and/or I-94 stamping information showing legal entry into the U.S.

Yes. It has visa and I-94.
Thanks

[riv]

What is that country?

Uzbekistan

[riv]

I was under the impression that you needed a valid passport to apply for AoS

But as I noticed - she has only copy of the passport, the passport has been given to the consulate and they said what the passport already sent to the original country.

So we have right now only the scanned passport (with visa stamp) and I-94 on hands. Is it going to be enough to apply?

[PraetorianXI]

well all they ask to apply are copies of the passport and the i-94. But at the interview you must present the originals.

So it is enough to apply.

[Triple Citizen]

A valid passport is not a requirment for AOS. Proof of inspected entry is. That proof can exist on an expired passport.

I was under the impression that you needed a valid passport to apply for AoS

[Lunastar]

I second that comment. I am in the same situation, my passport expired last month, and this week is my deadline to apply. My lawyer said it's not necessary to have a valid passport to apply.

[riv]

Thank you everyone!

[PraetorianXI]

I second that comment. I am in the same situation, my passport expired last month, and this week is my deadline to apply. My lawyer said it's not necessary to have a valid passport to apply.

Why a deadline?