Applying for US Citizenship in October, Dependent Child is in the Philippines

[marriedtomrg 141]

Just to clarify, we both became green card holders on January 2011 (myself and my now 14-year-old daughter).

Since becoming GC holders, she has since returned to the Philippines on November 2012 where she will finish her secondary education.

She is my child from a previous marriage which was annulled and I was granted custody (as such am responsible for her financially).

I was going over the M-477 checklist and on page 2, there is a question: If you have a dependent spouse or children who do not live with you, send:

• Any court or government order to provide financial support; and
• Evidence of your financial support (including evidence that you have complied with any court or government order)

My daughter is currently living at my parents' home in Manila. Would I need my mother to write a letter saying explicitly that she is my child's current guardian? Also, I am the parent with custody of my daughter...so will the Annulment Decision (which says I have custody of her) suffice as evidence of providing support? (Aside from the obvious Western Union or bank transfers?)

Your inputs would be appreciated.

[Markieboy 104]

Just to clarify, we both became green card holders on January 2011 (myself and my now 14-year-old daughter).

Since becoming GC holders, she has since returned to the Philippines on November 2012 where she will finish her secondary education.

She is my child from a previous marriage which was annulled and I was granted custody (as such am responsible for her financially).

I was going over the M-477 checklist and on page 2, there is a question: If you have a dependent spouse or children who do not live with you, send:

• Any court or government order to provide financial support; and
• Evidence of your financial support (including evidence that you have complied with any court or government order)

My daughter is currently living at my parents' home in Manila. Would I need my mother to write a letter saying explicitly that she is my child's current guardian? Also, I am the parent with custody of my daughter...so will the Annulment Decision (which says I have custody of her) suffice as evidence of providing support? (Aside from the obvious Western Union or bank transfers?)

Your inputs would be appreciated.

Personally, I don't have any experience with this kind of situation. But I will give my input.

Yes, your mother would need to provide a letter...stating that she is guardian who cares for your child.

And yes, I do believe that the Annulment Decision by the Philippine Court will suffice as evidence of custody. Definitely include the WU or bank transfers sent to your mother. It wouldn't hurt to secure any emails, letters or other correspondence between you and your mother (regarding the care of your daughter).

Your evidence looks pretty good...to me. Hope I was able to help alittle. Good luck with your journey!

[Laura & Kyle 16]

Be careful of the wording and how the USCIS looks at guardianship versus custody. Does your mom have legal guardianship(via court system)? If so, that's a different matter.

You quoted the first two bullets, but the last bullet answers part of your question:

Evidence of your financial support (including evidence that you have complied with any court or government order), such as:

e. A letter from the parent or guardian who cares for your child(ren).

I'm thinking this is the case in your mother needs to write a letter explaining she is the guardian and what you do for financial support of your daughter.

Edited May 17, 2013 by Laura & Kyle