Child Passport after Parent Naturalization

[love4life09 15]

Hello Everyone ,

At last we are near the end of our journey. My wife had her Naturalization interview today and was approved . My 10 year old stepdaughter immigrated here with my wife from the Philippines

on K1/K2 visas . After the oath ceremony in a few weeks I plan on getting my stepdaughter (and wife) a US passport and filing form N 600 to get her a certificate as well. The problem is we do not have proof of legal custody such as a divorce decree or custody documents. We have only her Birth certificate as proof. Has anyone here been in this situation ? Is the birth certificate enough to get a US passport for our daughter?

Best wishes,

[JimmyHou 611]

According to the state department website, you will need a document proving full custody of the child OR written permission from the other parent OR you'll have to convince a judge that the other parent cannot be reached so that he/she can issue a custody order.

I don't know how often this is enforced, but I have read cases where applicants were asked for such evidence when applying for a passport.

[Alaska2012 462]

I'm in the middle of the process of getting my son his passport. I was asked to submit documents stating I had sole custody but in Sweden where I'm from the "birth certificate " states who the guardian is and that's the only document available. So I've been headbutting with the passport people back and forth. It did sound like they would honor the birth certificate but until I have the passport in hand I'm not celebrating!

[newacct 688]

There are two separate issues here. The first is citizenship. The child derives citizenship as long as they were a permanent resident living under the legal and physical custody of the USC parent while under 18. Joint custody (which is the default) is sufficient. What is needed is proof there was any kind of custody.

The other is a passport. For a child under 16 both parents' consent are needed to get a US passport, unless a parent has sole custody. For 16-18, parental consent is not required, but one parent's consent is recommended. For 18 and above, parental consent is not needed.

[TBoneTX 45,309]

*** Thread moved from US Citizenship main forum to the Passports, Etc. subforum. ***

[love4life09 15]

There are two separate issues here. The first is citizenship. The child derives citizenship as long as they were a permanent resident living under the legal and physical custody of the USC parent while under 18. Joint custody (which is the default) is sufficient. What is needed is proof there was any kind of custody.

The other is a passport. For a child under 16 both parents' consent are needed to get a US passport, unless a parent has sole custody. For 16-18, parental consent is not required, but one parent's consent is recommended. For 18 and above, parental consent is not needed.

Thank you for your responses . It appears I will need to step up my plans to adopt my stepdaughter . I think it shouldn't be too much of a problem

after speaking to an adoption attorney today. Her father in the Philippines hasn't made contact with her or supported her since birth . Please correct me if I'm wrong

but am I correct in thinking an adoption with birth certificate change with me as the father make the N 600 unnecessary ? .

A new journey with a happy ending begins.

Thanks again and best wishes to all

[newacct 688]

Thank you for your responses . It appears I will need to step up my plans to adopt my stepdaughter . I think it shouldn't be too much of a problem

after speaking to an adoption attorney today. Her father in the Philippines hasn't made contact with her or supported her since birth . Please correct me if I'm wrong

but am I correct in thinking an adoption with birth certificate change with me as the father make the N 600 unnecessary ? .

A new journey with a happy ending begins.

Thanks again and best wishes to all

It is never necessary to get a Certificate of Citizenship. That is only for people who are already US citizens, but any US citizen can already get US passport directly.

Again, your child seems to have already gotten US citizenship. You should have no problem proving that based on what you described.

As for getting consent for a US passport, which is a separate issue, if you cannot contact the other parent, considering getting sole custody from a family court. It should not be necessary for your spouse to adopt the child.

[love4life09 15]

It is never necessary to get a Certificate of Citizenship. That is only for people who are already US citizens, but any US citizen can already get US passport directly.

Again, your child seems to have already gotten US citizenship. You should have no problem proving that based on what you described.

As for getting consent for a US passport, which is a separate issue, if you cannot contact the other parent, considering getting sole custody from a family court. It should not be necessary for your spouse to adopt the child.

[love4life09 15]

Perfect , the first step in adoption IS to get sole custody and terminate the rights of the wayward parent .. I WANT to adopt her because I love her dearly and she needs to feel whole as part of our family including sharing our last name. Problems solved... Thanks

[sweetbabe 2]

Hello Everyone ,

At last we are near the end of our journey. My wife had her Naturalization interview today and was approved . My 10 year old stepdaughter immigrated here with my wife from the Philippines

on K1/K2 visas . After the oath ceremony in a few weeks I plan on getting my stepdaughter (and wife) a US passport and filing form N 600 to get her a certificate as well. The problem is we do not have proof of legal custody such as a divorce decree or custody documents. We have only her Birth certificate as proof. Has anyone here been in this situation ? Is the birth certificate enough to get a US passport for our daughter?

Best wishes,

hello, i just want to share the hassles i been through of getting my daughters US passport. she is using her biological dads last name (we are not married). when i applied for her US passport they only give her 1 year limited passport (cant be renewed) so she can travel with me back to the Philippines. Travel of state requesting me a signature from her bio dad or his personal appearance to get my daughters passport but there is no way i can provide that as we never had a contact for 9 years. we are here in the PH right now and still dealing with all the hassles to get her US passport without restriction (7months already). I got a notarized statement from my ex family saying that the location of my daughters bio dad is been unknown for a long time and that they dont have any idea where he's at .plus the affidavit of consent that my ex sign before me and my daughter left Ph to come to the US that he is giving all the right to me for whatever my daughter needs. I took that letter to the US embassy manila but they told me, its not enough. they want me to have a sole custody thats issued from the court not just a notarial paper. So what me and my husband did was filed the adoption instead of sole custody as its almost same processing and expense. and now we are worried because my daughters US passport will expired soon and the adoption will last 6 months to a year or more. so this is gonna be another problem that we have to dealt with as we are all US citizen and wont be able to get my daughters passport before it expire. i dont know what to do with the immigration here for my daughters passport status. we all get the Balikbayan stamp with 1 year limitation so i really dont know how we get to leave Ph when my daughters US passport will expire and we need to exit here in the PH. Goodluck to you

[love4life09 15]

hello, i just want to share the hassles i been through of getting my daughters US passport. she is using her biological dads last name (we are not married). when i applied for her US passport they only give her 1 year limited passport (cant be renewed) so she can travel with me back to the Philippines. Travel of state requesting me a signature from her bio dad or his personal appearance to get my daughters passport but there is no way i can provide that as we never had a contact for 9 years. we are here in the PH right now and still dealing with all the hassles to get her US passport without restriction (7months already). I got a notarized statement from my ex family saying that the location of my daughters bio dad is been unknown for a long time and that they dont have any idea where he's at .plus the affidavit of consent that my ex sign before me and my daughter left Ph to come to the US that he is giving all the right to me for whatever my daughter needs. I took that letter to the US embassy manila but they told me, its not enough. they want me to have a sole custody thats issued from the court not just a notarial paper. So what me and my husband did was filed the adoption instead of sole custody as its almost same processing and expense. and now we are worried because my daughters US passport will expired soon and the adoption will last 6 months to a year or more. so this is gonna be another problem that we have to dealt with as we are all US citizen and wont be able to get my daughters passport before it expire. i dont know what to do with the immigration here for my daughters passport status. we all get the Balikbayan stamp with 1 year limitation so i really dont know how we get to leave Ph when my daughters US passport will expire and we need to exit here in the PH. Goodluck to you

[love4life09 15]

hello, i just want to share the hassles i been through of getting my daughters US passport. she is using her biological dads last name (we are not married). when i applied for her US passport they only give her 1 year limited passport (cant be renewed) so she can travel with me back to the Philippines. Travel of state requesting me a signature from her bio dad or his personal appearance to get my daughters passport but there is no way i can provide that as we never had a contact for 9 years. we are here in the PH right now and still dealing with all the hassles to get her US passport without restriction (7months already). I got a notarized statement from my ex family saying that the location of my daughters bio dad is been unknown for a long time and that they dont have any idea where he's at .plus the affidavit of consent that my ex sign before me and my daughter left Ph to come to the US that he is giving all the right to me for whatever my daughter needs. I took that letter to the US embassy manila but they told me, its not enough. they want me to have a sole custody thats issued from the court not just a notarial paper. So what me and my husband did was filed the adoption instead of sole custody as its almost same processing and expense. and now we are worried because my daughters US passport will expired soon and the adoption will last 6 months to a year or more. so this is gonna be another problem that we have to dealt with as we are all US citizen and wont be able to get my daughters passport before it expire. i dont know what to do with the immigration here for my daughters passport status. we all get the Balikbayan stamp with 1 year limitation so i really dont know how we get to leave Ph when my daughters US passport will expire and we need to exit here in the PH. Goodluck to you

.

[love4life09 15]

Can she not travel with her Philippine passport and green card for re entry until then ? We are planning on going that route this coming summer. Or do they take the green cards at the oath ceremony? It seems like a sole custody order would be much quicker than adoption . Maybe not in the Philippines. Sounds like we will have to get the one year passport too if they take the green cards . Her PH passport is good for 2 more years but now will have to file dual citizenship.

[Alaska2012 462]

As a us citizen it's illegal to enter the country on a foreign passport. So if you go about the n-600 she will have to give up the green card and she will need a us passport to travel internationally

[sweetbabe 2]

Can she not travel with her Philippine passport and green card for re entry until then ? We are planning on going that route this coming summer. Or do they take the green cards at the oath ceremony? It seems like a sole custody order would be much quicker than adoption . Maybe not in the Philippines. Sounds like we will have to get the one year passport too if they take the green cards . Her PH passport is good for 2 more years but now will have to file dual citizenship.

when they give my daughter the 1 year valid passport they return her greencard back to me so i guess she can still use her PH passport to travel im not sure, i did not ask about her greencard though. i am going back to the immigration on 4th of Feb i will try to ask about that and see what they will say. They will only take the greencard if you get the 5 years valid passport. i will keep you posted.