US Passport Application of Minor Denied even with Father's Consent

[pixie77 2]

The OP stated she married him and they were "divorced in 2008". Where did the divorce take place? Any divorce in the USA that I've ever heard of contain custody and mention of any minor children produced in the marriage. Something doesn't seem right here.

Hi LionessDeon,

Yes, you are correct. Custody is always mentioned in the divorce. Divorce took place in NY and I regret having a bozo for a lawyer for not informing all the important details which is costing me more right now.

Pardon my french..

[pixie77 2]

How did the kid leave without sole custody docs, or a consent letter to immigrate

from dad, I think thats what they want proven or addressed to issue a PP, the US

believes in the rights of both parents support or not, so his recent letter may

need backing up by one you should have had for the child immigrating 2011

Hi Jawaree,

Yes, I need to modify my custody on my divorce to state that I have legal custody of my daughter. In my case, consent was not asked during the immigration process. However, we still submitted the affidavit of consent from the dad to which they did not accept. This has nothing to do with 2011. This is really a custody issue more than anything, a paper work indicating that I have legal custody of my daughter in reference to INA 320.

[pixie77 2]

ya, still, i think something was wrong with the passport application paperwork.

Hi Darnell,

Please let me know if you have any ideas as to how I should I go about this without going to court because at the moment this is the only recourse that I see, modification of our custody agreement. I submitted everything thats needed with the application and I don't know what else to send.

I was thinking of re-submitting the application with all the paper work and a more expository affidavit of consent from the dad.

What are your thoughts?

[pixie77 2]

Did you apply for a N-600 for your kid after you got your citizenship? I have been told that uscis are being extremely ####### about them right now and many many passport offices seems to go by their own head. I'm getting my son a N-600 as soon as I get my citizenship but I'm just expecting that to be a another long story like everything else

Hi Alaska,

I did not file for N600, I did the passport route because I was wary of denials. At least, the passport isn't that expensive compared to the N600 and won't hurt that much when denied. I also relied on the posts here on the forum where most did the passport route first than the N600. We planned to get the N600 when she starts applying for colleges at least that was the plan.

http://travel.state.gov/content/passports/english/passports/under-16.html

It's stated here that you need to show parental relationship like a divorce decree or custody papers.

It also lists citizenship requirements.

Yup, this is correct.

are you currently married to a uscitizen , who sponsored your initial visa into the usa? yes? no? if yes, there's another route.

Hi Darnell,

Yes I am married to a US citizen. My current husband husband petitioned me, we did I-130 and I485.

[pixie77 2]

Maybe she meant "annulled"? Only Muslims in the Philippines can file for divorce.

And even if they were annulled, it is quite rare in the Philippines for parents to battle over child custody. Usually, if not almost all the time, the children stays with the mother that's why she didn't have any issues bringing her daughter to the US. Documenting such "custody" is also not properly done (or even non-existent?) unlike for custody issues here in the US.

Hi Apple21,

I meant Divorced not annulled. I was petitioned while in the US and not from the Philippines.

Agree, to the rest of what you said.

[Darnell 8,478]

Hi Darnell,

Please let me know if you have any ideas as to how I should I go about this without going to court because at the moment this is the only recourse that I see, modification of our custody agreement. I submitted everything thats needed with the application and I don't know what else to send.

I was thinking of re-submitting the application with all the paper work and a more expository affidavit of consent from the dad.

What are your thoughts?

there's a category of filing, i think you need to revisit the category under which she is applying - i sense you put the wrong category on that last application.

[pixie77 2]

there's a category of filing, i think you need to revisit the category under which she is applying - i sense you put the wrong category on that last application.

For the passport application? what category should it be?

[Ontarkie 14,223]

Your ex having custody in your divorce was a very important detail you left out.

That is why you were denied.

[pixie77 2]

Your ex having custody in your divorce was a very important detail you left out.

That is why you were denied.

Yes, as explained by my lawyer. My divorce papers also indicated that there was no custody agreement that's why it was confusing.

[jayjayj 571]

We just went through this exact same scenario. My wife's annulment documentation does not mention custody. In our situation though, we haven't been able to contact the biological father for years, so we submitted the DS-5525 stating our failed attempts. We were issued the passport with no problems.

Was the application flat out denied and the supporting documentation sent back to you or did they send you a letter asking for more documentation?

I can't understand why they would deny the passport due to the custody question, when the other biological parent signed the consent form for the minor to obtain the passport. The Department of State passport requirements aren't open to interpretation by the DS agents, so if the consent form was signed and notarized, the passport should have been issued - custody is irrelevant at that point.

[Ontarkie 14,223]

I think some of the problem in this case is in order for her to pass citizenship to the child. The child has to meet certain requirements.

Her divorce decree states that her ex husband has custody of the kids and not her is the issue here.

[jayjayj 571]

Her child is automatically a U.S. citizen, the moment the mother had her oath ceremony, because the child is legally and physically present in the U.S. and the biological mother is now a U.S. citizen. That's why I can't figure out what is going on here. The child is most definitely a U.S. citizen now and they shouldn't be denying a U.S. passport when both parents signed the passport application documentation.

The annulment documentation from the Philippines shouldn't be an issue at all, because custody at this point is irrelevant.

Edited August 18, 2015 by jayjaym

[Ontarkie 14,223]

Except she doesn't have an annulment document from the Philippines. She has a divorce from New York that states her ex husband has custody of the child not her. So the passport office wants proof she has legal custody of the daughter.

Custody at this point is very much still relevant.

I don't know why they are giving her such a hard time with it when the father signed the forms.

I didn't see anything that says only the custodial parent can get a US Passport. But it is looking like this is what is stopping it.

Edited August 19, 2015 by Ontarkie

[jayjayj 571]

Except she doesn't have an annulment document from the Philippines. She has a divorce from New York that states her ex husband has custody of the child not her. So the passport office wants proof she has legal custody of the daughter.

Custody at this point is very much still relevant.

I don't know why they are giving her such a hard time with it when the father signed the forms.

I didn't see anything that says only the custodial parent can get a US Passport. But it is looking like this is what is stopping it.

I missed that one post where she said her divorce actually took place in the U.S.

This does seem like a really unique case. So, was the passport denied because the DS is saying her child is not yet a U.S. citizen? They use the term "pursuant" in their explanation about transferring citizenship, specifically that the minor must be "residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence." If the minor was admitted to the U.S. as a permanent resident, then he is here in accordance with that process.

I still don't understand why the DS would issue a permanent resident card to a minor without the consent of the custodial parent from another country.

[Ontarkie 14,223]

That is the only thing I can think of.

Hopefully Pixie comes back and lets us know what happens.