US Passport with IR-2 visa

[Roberto M 0]

27 minutes ago, NikLR said:

A notarized letter stating his mother's full name, dob, and address which is giving permission for her son to live in the usa with his father, your name, dob, address, signed in front of a notary (who checks ID.)  Or she can go to a lawyer or court and get an official court document. Not sure what this would be in Italy but Im sure you could call a family lawyer there and see. 

She should be the one taking the child to the medical if you cannot. Not your brother or friend. However no interviews will be in place for some time.  I do suggest you are present, if possible, for his interview.  

Thank you!!

[SusieQQQ 11,587]

On 6/13/2020 at 6:49 AM, SusieQQQ said:

There is a thread going in the US passport section about the difficulty single /divorced parents are having getting a passport without clear custody documentation so yes, you need it for the passport. They are clearly more stringent for this requirement (for purposes of proving citizenship has been acquired under INA320) than they are for issuing visas.

 

See 

 

 

Just to emphasize again that the point of this post was that VJ has many posters like these where the custody proof was obviously enough for the immigrant visas to be issued, because those kids were in the US on green cards, but it wasn’t enough for the passport agency. (I found a similar issue with the birth certificate we used - Consulate accepted it as enough proof kid was my kid to be a derivative, but the passport agency didn’t.)  It seems the burden of proof for citizenship is higher than that to get an immigrant visa.
 

So what am I saying is, if you want a US passport for your child, seeing as you have to get some form of proof of custody anyway to get the visa, it’s probably easier in the long run for you to get one that will be acceptable to the passport agency too and not just “good enough” to get a visa. The screenshot posted in the link above (I copied here again for you as it seems you didn’t read it) tells you what is acceptable for that. A notarized letter from the other parent isn’t enough for a passport.

 

 

 

 

 

Edited June 15, 2020 by SusieQQQ

[NikLR 13,232]

Can the OP take a passport application to Italy and have mom sign? 

[SusieQQQ 11,587]

8 minutes ago, NikLR said:

Can the OP take a passport application to Italy and have mom sign? 

No, that’s not how it works. Custody is shown either by the fact that the child lives with both parents (then marriage certificate and both parents at interview is required), or by one of the pieces of evidence shown above if a single/divorced/widowed parent.

INA 320 explicitly requires legal custody.

Edited June 15, 2020 by SusieQQQ

[Roberto M 0]

20 minutes ago, SusieQQQ said:

No, that’s not how it works. Custody is shown either by the fact that the child lives with both parents (then marriage certificate and both parents at interview is required), or by one of the pieces of evidence shown above if a single/divorced/widowed parent.

INA 320 explicitly requires legal custody.

Thank you

20 minutes ago, SusieQQQ said:

No, that’s not how it works. Custody is shown either by the fact that the child lives with both parents (then marriage certificate and both parents at interview is required), or by one of the pieces of evidence shown above if a single/divorced/widowed parent.

INA 320 explicitly requires legal custody.

Thank you 

3 hours ago, SusieQQQ said:

Just to emphasize again that the point of this post was that VJ has many posters like these where the custody proof was obviously enough for the immigrant visas to be issued, because those kids were in the US on green cards, but it wasn’t enough for the passport agency. (I found a similar issue with the birth certificate we used - Consulate accepted it as enough proof kid was my kid to be a derivative, but the passport agency didn’t.)  It seems the burden of proof for citizenship is higher than that to get an immigrant visa.
 

So what am I saying is, if you want a US passport for your child, seeing as you have to get some form of proof of custody anyway to get the visa, it’s probably easier in the long run for you to get one that will be acceptable to the passport agency too and not just “good enough” to get a visa. The screenshot posted in the link above (I copied here again for you as it seems you didn’t read it) tells you what is acceptable for that. A notarized letter from the other parent isn’t enough for a passport.

 

 

 

 

 

Thank you 

[NikLR 13,232]

Interesting. Thank you. At least the OP knows whats needed now!