N-400 No Evidence of Dependent Child Support (Father Refused)

[Bocajr27 3]

My wife went in for he citizenship test this past Monday. Although she passed the verbal test, she was given form N-652 stating that A decision cannot yet be made about the application. My wife has a 17 year old daughter that lives with her father in Colombia. My wife was never married to her ex. He has court ordered full custody of the child and though my wife has made many attempts to stay in touch with the father, his ego refuses to accept any help (money or other) from my wife (the child's mother).

So. At this point I feel out of options. There is no court ordered child support, but the ex also refuses to sign an affidavit stating that he refused child support as well. As far as I can see, we would have to wait until the child turns 18 next year and re-apply for citizenship then.

Has anyone else gone through something like this? If so can you advise?

Greatly appreciated.

Fernando

[Ontarkie 14,224]

~~Moved to US Citizenship General Discussion, from AOS Family. ~~

[charmander 692]

Someone recently got denied due to a dependent support related issue. You should definitely check her postings at http://www.visajourney.com/forums/topic/568429-n-400-october-2015-filers/?p=8162336 . Seems similar to your case.

[RomaSkirsky 6]

Hi there,

 

My husband is getting his naturalization application ready and he noticed the part about dependent children. Is there a definition of a dependent child? It is a complicated situation, and he has no communication with the child per the mother's request from several years ago, and his child is not "dependent" on him, nor was he ever married to the mother. At this point the mother might even be married to another man. Any ideas or advice as to what he can do for this section?

 

Thanks!

[SusieQQQ 11,586]

57 minutes ago, RomaSkirsky said:

Hi there,

 

My husband is getting his naturalization application ready and he noticed the part about dependent children. Is there a definition of a dependent child? It is a complicated situation, and he has no communication with the child per the mother's request from several years ago, and his child is not "dependent" on him, nor was he ever married to the mother. At this point the mother might even be married to another man. Any ideas or advice as to what he can do for this section?

 

Thanks!

Generally as I understand it a minor child is a dependent child.

It makes absolutely no difference whether or not he was ever married to the other parent or whether the latter has another spouse or not, the child’s paternity or maternity does not change.

Edited October 7, 2018 by SusieQQQ

[SusieQQQ 11,586]

This is critical to cases like yours I think:

 

Even if there is no court-ordered child support, the courts have concluded that parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks GMC. 

 

Scroll down to section. K for the relevant bit https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

 

[alfrerick2010 0]

Hey  there , I was reading your article about your situation and I was wondering if could elaborate what happens after you post this article,  I am in similar situation and I was wondering about the wait for the child turn 18 and see what happen  , I would really appreciate any advice. 

Thanks 

[SusieQQQ 11,586]

3 hours ago, alfrerick2010 said:

Hey  there , I was reading your article about your situation and I was wondering if could elaborate what happens after you post this article,  I am in similar situation and I was wondering about the wait for the child turn 18 and see what happen  , I would really appreciate any advice. 

Thanks 

The good moral character is a 5 year requirement so I guess if you are going to try get round it that way you would have to wait till 5 years after the child turns 18? Would definitely be useful if OP posted an update as enough time has lapsed for them to have figured out the situation.