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Urgent, I-130 photo requirements for petitioner?

Houston, TX |

Hi, I know a US citizen who is filing I-130 for his spouse. I know that the photos submitted (for him the petitioner, and for her the beneficiary) must be passport style. The spouse's photo meets all requirements but in his photo, he is smiling (not full smile, half smile). When I told him he shouldn't be smiling and he has to take another photo, he said it's OK it's not like they're going to use it on a passport or something!
Can you please tell me if it's ok or are they going to send him back the papers or request another photo? Did you hear of anyone who send a photo of him smiling and they rejected it? Plz this is urgent, he is sending them TOMORROW or the day after it!

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Attorney answers 3

Best Answer

If he has time to retake the photos, I think that would be best. The Department of State website says "neutral facial expression with both eyes open." My thinking is why take the chance, spend the $6 and 10 minutes to get photos that fulfill the requirement. If anything it will be one less thing to worry about on the application.

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I think it should be fine.

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If you have not mailed it to USCIS, he should just retake the pictures.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.