Passport for minor (derived citizenship)

[Paolag713 0]

I recently applied for my passport and my 11 year old daughter’s, as well. Her biological father lives overseas and signed the DS 3053 form of passport consent. The form was virtually witnessed by a notary in the states. I recently received a letter from the passport office saying I needed to provide the consent again but signed physically in front of a notary and I needed to provide proof of custody, and additional documents proving that she has lived with me since she moved to the States. I was never married to her biological father and we have “joint custody” but she lives with me. We never had any sort of court ordered document that states the agreed living situation. I do have a swore statement that her father and myself did that allows my daughter to leave Colombia with either one of the parents. My questions are:

 

*if her father signs and gets the document notarized in the US embassy in Colombia will that suffice or does he also have to get a sworn statement that says he allows my daughter to physically live with me in the states. ( we have lived in the US for 4 years already) 

 

*Also, how would the process be to get an appointment in the Embassy when he is not a US citizen?

 

*If her passport application isn’t approved would we get her Green card back? 

[arken 4,197]

1 hour ago, Paolag713 said:

I needed to provide the consent again but signed physically in front of a notary and I needed to provide proof of custody,

Not and but OR. Either provide consent or court ordered sole custody.

 

Virtual notary doesn't work. So have your daughter's father sign his consent letter in front of a notary in his country and then have him mail you the notarized letter.

Edited February 26, 2022 by arken

[JeanneAdil 6,514]

He does not have to go to US embassy / it says they can assist him to fill out the enclosed document

he can have a Columbia notary witness his signature / vitual witness is wrong wrong wrong

 

To perform a signature witnessing, the Notary must have the signer personally appear and provide satisfactory proof of identity. The signer must then sign the document in the Notary's presence.

 

US is saying u need  to provide a notarized statement of consent along with his photo (i would think they mean passport photo style)

OR

a court order

[Paolag713 0]

13 minutes ago, JeanneAdil said:

He does not have to go to US embassy / it says they can assist him to fill out the enclosed document

he can have a Columbia notary witness his signature / vitual witness is wrong wrong wrong

 

To perform a signature witnessing, the Notary must have the signer personally appear and provide satisfactory proof of identity. The signer must then sign the document in the Notary's presence.

 

US is saying u need  to provide a notarized statement of consent along with his photo (i would think they mean passport photo style)

OR

a court order

I know , I thought the virtual signing would be okay since our state governor signed an executive order allowing for it since COVID. I will try and contact the paspsort office to inquire whether a Colombian Notary is allowed ( I would imagine so since in Colombian, notaries are actual lawyers). The letter is a bit confusing to me because if the wording saying AND/ALSO, which makes me believe I do have to provide some sort of custody agreement , which we don’t have. 

[arken 4,197]

43 minutes ago, Paolag713 said:

I know , I thought the virtual signing would be okay since our state governor signed an executive order allowing for it since COVID. I will try and contact the paspsort office to inquire whether a Colombian Notary is allowed ( I would imagine so since in Colombian, notaries are actual lawyers). The letter is a bit confusing to me because if the wording saying AND/ALSO, which makes me believe I do have to provide some sort of custody agreement , which we don’t have. 

US embassy in Colombia provides notary services for documents to be used for US purpose. May be best is to do there by the kid's father.

[Calicolom 266]

21 hours ago, arken said:

US embassy in Colombia provides notary services for documents to be used for US purpose. May be best is to do there by the kid's father.

Here is what I would do. Get the document written up in Spanish, get this document, apostilled, then get it translated to English. Give them both documents. A Apostilled document verifies the contents of the document, notary publics only verifies the signature.   

[Cloud-9 3]

On 2/26/2022 at 12:07 PM, Paolag713 said:

I recently applied for my passport and my 11 year old daughter’s, as well. Her biological father lives overseas and signed the DS 3053 form of passport consent. The form was virtually witnessed by a notary in the states. I recently received a letter from the passport office saying I needed to provide the consent again but signed physically in front of a notary and I needed to provide proof of custody, and additional documents proving that she has lived with me since she moved to the States. I was never married to her biological father and we have “joint custody” but she lives with me. We never had any sort of court ordered document that states the agreed living situation. I do have a swore statement that her father and myself did that allows my daughter to leave Colombia with either one of the parents. My questions are:

 

*if her father signs and gets the document notarized in the US embassy in Colombia will that suffice or does he also have to get a sworn statement that says he allows my daughter to physically live with me in the states. ( we have lived in the US for 4 years already) 

 

*Also, how would the process be to get an appointment in the Embassy when he is not a US citizen?

 

*If her passport application isn’t approved would we get her Green card back? 

Hi @Paolag713 did you end up receiving the US passport by providing the notarized joint custody letter? Thanks!