Child US Passport Requiring Custody Statement

[Keny 3]

My wife recently became a US citizen and got a US Passport. We are now applying for a US Passport for her Brazilian daughter (Age 15).

Her mother (my wife) was never married to the daughter's father.

The Agency wants a custody decree (which we do not have) or a statement from an authority stating that the country presumes legal custody to an unmarried mother.

 

Anyone gone through this process and have any guidance????

 

Thanks

Keny

[Mounat02 63]

10 hours ago, Keny said:

My wife recently became a US citizen and got a US Passport. We are now applying for a US Passport for her Brazilian daughter (Age 15).

Her mother (my wife) was never married to the daughter's father.

The Agency wants a custody decree (which we do not have) or a statement from an authority stating that the country presumes legal custody to an unmarried mother.

 

Anyone gone through this process and have any guidance????

 

Thanks

Keny

Applied recently as well with somewhat similar circumstances. Did not receive anything from agency requesting documentation yet but it maybe on the way.

 

Lots posts regarding passport applications with CCA of 2000 as grounds for eligibility on this forum.

[SusieQQQ 11,586]

Was no custody or similar documentation required to issue the daughter with an immigrant visa in the first place? (You could reuse if so) .But yes, the requirements for automatic naturalization of child under 18 do require proof that the child is in both physical and legal custody of the USC parent. You may have more luck on a Brazilian specific forum regarding the country specific custody issues/documentation issue, and how to get hold of them. 

Edited February 22, 2020 by SusieQQQ

[SusieQQQ 11,586]

2 hours ago, Mounat02 said:

Applied recently as well with somewhat similar circumstances. Did not receive anything from agency requesting documentation yet but it maybe on the way.

 

 

FYI different issue, but when i applied for my kid last year, it took about 4 weeks (and it was after I received my own passport applied for at the same time) that I got a letter from them asking for further documentation. 

Edited February 22, 2020 by SusieQQQ

[Keny 3]

I checked our documents and found the "Change of Residence" that was executed for the move to the US.

It does state that he gives his permission for her to permanently relocate to the US.

I called the passport department and they confirmed that I could use this as proof. Just need to get it translated.

We created this document thinking we would need it at some time for the immigration or later travel but never did, so luckily we still have the original.

[Mounat02 63]

4 hours ago, Keny said:

I checked our documents and found the "Change of Residence" that was executed for the move to the US.

It does state that he gives his permission for her to permanently relocate to the US.

I called the passport department and they confirmed that I could use this as proof. Just need to get it translated.

We created this document thinking we would need it at some time for the immigration or later travel but never did, so luckily we still have the original.

So this is an affidavit from the biological father of the child or some court order? 

 

9 hours ago, SusieQQQ said:

FYI different issue, but when i applied for my kid last year, it took about 4 weeks (and it was after I received my own passport applied for at the same time) that I got a letter from them asking for further documentation. 

Was your application under CCA as well?

[Keny 3]

This was from the biological father....  we also provided the DS3053 granting US passport permission by the biological father but that was not enough evidently.

 

The application was not under CCA since she is 15 now.  We applied based on the naturalization of her mother.

[Mounat02 63]

8 minutes ago, Keny said:

This was from the biological father....  we also provided the DS3053 granting US passport permission by the biological father but that was not enough evidently.

 

The application was not under CCA since she is 15 now.  We applied based on the naturalization of her mother.

OK.

 

So your stepdaughter has a naturalization or citizenship certificate that you sent along with passport application?

[Keny 3]

That is correct we sent the mother's naturalization document with the application along with DS3053 and translated birth certificate.

 

I also thought about getting a Citizenship certificate for a more formal statement of citizenship but it costs like $1200 and processing time is like 2 years.

Easiest was to do the passport.  Makes travel easier too.

[SusieQQQ 11,586]

53 minutes ago, Mounat02 said:

 

Was your application under CCA as well?

Yes, INA 320.

[SusieQQQ 11,586]

34 minutes ago, Keny said:

 

 

The application was not under CCA since she is 15 now.  We applied based on the naturalization of her mother.

FYI that is under CCA, there are two ways through it, the one you describe is INA320 (the other is INA322). Just clarifying for other readers.  https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

[SusieQQQ 11,586]

12 minutes ago, Keny said:

P

 

I also thought about getting a Citizenship certificate for a more formal statement of citizenship but it costs like $1200 and processing time is like 2 years.

Easiest was to do the passport.  Makes travel easier too.

Yes even with an RFE we got the kid’s passport within 7 weeks. Applied for CoC (N600) on the same day as passport application, mid November, still waiting, time depends on your FO, ours  is likely around a year.

[Mounat02 63]

3 hours ago, SusieQQQ said:

Yes even with an RFE we got the kid’s passport within 7 weeks. Applied for CoC (N600) on the same day as passport application, mid November, still waiting, time depends on your FO, ours  is likely around a year.

Do you recall time between applying and receiving RFE?

 

3 hours ago, Keny said:

That is correct we sent the mother's naturalization document with the application along with DS3053 and translated birth certificate.

 

I also thought about getting a Citizenship certificate for a more formal statement of citizenship but it costs like $1200 and processing time is like 2 years.

Easiest was to do the passport.  Makes travel easier too.

Err.. your stepdaughter doesn't have a CoC so this is under CCA as SusieQQQ said. That is the definition of CCA, actually.

[SusieQQQ 11,586]

2 hours ago, Mounat02 said:

Do you recall time between applying and receiving RFE?

 

 

I just checked, we submitted 11/13 and they emailed the letter on 12/11, so almost a month. The hard copy arrived a few days later.

[Keny 3]

14 hours ago, Mounat02 said:

Do you recall time between applying and receiving RFE?

 

Err.. your stepdaughter doesn't have a CoC so this is under CCA as SusieQQQ said. That is the definition of CCA, actually.

We submitted on Jan 28th, RFE arrived Feb 20th.  A little over 3 weeks.

 

Thanks.... I understand it is under the CCA now. I didn't read far enough into the regulation to see all the variations.