How can my husband prove U.S. citizenship since his birth certificate is missing?

I do not know what your husband is referring to when he says “he will … present his passport at the US embassy”. If you were not yet married, then I would imagine he is talking about going to the embassy, and asking them to provide him a document saying “he is single”, which often is needed for a foreigner to marry in China.

Since your husband is not living in China, he will not be asked or required EVER, to visit the US Embassy.

The process to apply for a CR-1 starts in the USA. A petition called the I-130 will be completed by your husband. When he sends this to the US government, he MUST provide many, many documents. Some are used to prove identity and citizenship. Some are used to prove that you have a real marriage.

One documentation will be for your Husband to prove he is a US Citizen. Normally he will attach a copy of his birth certificate or passport (every page).

So when he starts the application, he will (MUST) include the documents, and MAIL them in to Immigration.

No trip to China. No visit to the Embassy is needed. No birth certificate required. He has his passport. That is all the proof needed.

Tags: CR-1, I-130, spousal visa, Spousal Visas, uscis