Adopted child

[tundra12nfl 5]

Hello all. Forgive me if this question has been asked before. I’ve adopted my stepson after he and my wife entered USA last year. He’s 5 years old and understand he becomes a US citizen once the adoption was final. I’ve applied for his US passport and submitted the required documents. Today I received a letter from the New Orleans passport office asking to send:

 

original adoption documents (sent with passport app)

original marriage certificate between I and his mother (sent with passport app)

send his green card or I-55 stamp (sent a certified copy as per calling and confirming it was ok)

and they requested documents showing he’s been in my care or custody for the last two years. That I’ve not sent

 

how to send any documents pertaining to being in my care due to the fact we lived in Ukraine for the last 4 years since being married. Ukraine doesn’t have such documents, and due to the fact I’m not required to file taxes, plus they not having SSN card until coming into USA last year, what can I show? I do have his insurance card stating he’s had insurance for the last four year, however it shows his previous last name. I’ve requested new insurance cards with his new last name, but my insurance (ChampVA) is 7 months backlogged in processing new information. Any advice is much appreciated. 

 

thank you

Edited August 28, 2022 by tundra12nfl

[Rocio0010 5,580]

13 minutes ago, tundra12nfl said:

documents, and due to the fact I’m not required to file taxes

Why?

[tundra12nfl 5]

My income is tax exempt

[Redro 4,611]

7 minutes ago, tundra12nfl said:

My income is tax exempt

How were you able to petition your spouse without tax transcripts/ tax returns... 

Were you working in Ukraine? 

If you were working you are supposed to file taxes (you won't always have to pay tax). 

As your child and wife did not have SSN or ITINs

You need to pay tax if you make $5 or more

https://www.greenbacktaxservices.com/blog/paying-taxes-american-living-abroad/

 

Going back to your original question though.

Can't you document your child lived with you in the same residence and show proof of name change? 

[tundra12nfl 5]

As for working in Ukraine, no. I receive VA compensation and it’s tax exempt. It is counted as income for financial support. Provided proof of VA benefits is all that is needed. 
 

As for proof of residence with the child, we lived with my wife’s parents in their home. Ukraine has what is called registration where you live in order to obtain temporary permit residence. However, in order to obtain this document now, would be a very long wait due to the situation going on. 
 

As for proof of name change, that did not happen until this year. They came to US July of last year, and the adoption was not final until March of this year. The final adoption decree, and name change was this year. These documents along with marriage certificate was sent with initial passport application. 

[Redro 4,611]

Paging @Family... one of our resident adoption experts. Perhaps, they'll be able to give you some advice. 

My guess is you should probably get that registration certificate from Ukraine even if it takes a long time as that is solid indisputable evidence... it will take a long time but eventually your son will be able to obtain his passport. 

 

Edited August 28, 2022 by ROK2USA

[tundra12nfl 5]

Thanks, I appreciate it 

[Family 4,068]

What they are asking is for evidence that child has been in your physical AND legal custody. 
Clearly you meet the physical part but I doubt you can prove legal custody. 

Your Wife had legal custody…and it’s not enough you all lived together. 
 

Was child born from her previous marriage or out of wedlock? 
 

But you can reapply 2 years from date adoption was finalized and will be granted 

[tundra12nfl 5]

The child was born to wife’s previous BF. It took us two years to get DNA tests, then his termination of rights from Israel as the biological father lived in Israel. Then finally after receiving the court’s termination of rights from Israel, we had to get termination of rights approved from a Ukrainian judge. Finally all was done. I’ve had physical custody since he was 2 years old, as we were waiting for the termination of rights to be finalized. 
 

After moving back to USA and they received their green cards, plus SSN cards, they were finally enrolled in my Champva insurance. Per their ChampVA insurance card, it says coverage effective November 2018. The date we were married, as ChampVA effective dates start the day we were married. Could I send a copy of the insurance card? If so, my sons insurance card has his previous last name as we are still waiting for the new card. 

[SteveInBostonI130 3,471]

Hi.

 

1 hour ago, tundra12nfl said:

Hello all. Forgive me if this question has been asked before. I’ve adopted my stepson after he and my wife entered USA last year. He’s 5 years old and understand he becomes a US citizen once the adoption was final. I’ve applied for his US passport and submitted the required documents. Today I received a letter from the New Orleans passport office asking to send:

 

original adoption documents (sent with passport app)

original marriage certificate between I and his mother (sent with passport app)

send his green card or I-55 stamp (sent a certified copy as per calling and confirming it was ok)

and they requested documents showing he’s been in my care or custody for the last two years. That I’ve not sent

 

how to send any documents pertaining to being in my care due to the fact we lived in Ukraine for the last 4 years since being married. Ukraine doesn’t have such documents, and due to the fact I’m not required to file taxes, plus they not having SSN card until coming into USA last year, what can I show? I do have his insurance card stating he’s had insurance for the last four year, however it shows his previous last name. I’ve requested new insurance cards with his new last name, but my insurance (ChampVA) is 7 months backlogged in processing new information. Any advice is much appreciated. 

 

thank you

 

Hi.  Your stepson would have needed to be in your legal custody for 2 years, not just physical. 

 

Wait one more year and then apply.

[tundra12nfl 5]

Okie dokie. Will wait another year. Thanks for the advice 

[Family 4,068]

Physical custody is not your problem, you are fine w that…legal custody is conferred through judicial proceedings ….
 

You would have to send Ukrainian court documents showing biological father relinquished parental rights..but again they may only include your wife’s name as guardian parent…so still an issue to prove YOU ( the USC ) had legal custody…

But maybe you could argue that marriage to the mother and absence of biological father conferred de facto legal “ rights and responsibilities “ to you as stepfather..

Or of course consult your Ukrainian attorney who helped with the Court battle and have him beef up my argument with Family Law citations…

 

Foreign nationals in Ukraine enjoy the same rights and freedoms and have the same obligations as Ukrainian citizens, subject to restrictions provided by law.

https://uk.practicallaw.thomsonreuters.com/5-564-3065?transitionType=Default&contextData=(sc.Default)

Or as mentioned, apply again once 2 years are met. 

[tundra12nfl 5]

***Update***
 

I sent in what they asked for. As for the proof of financial responsibility, as I mentioned on my adopted sons insurance card, it says effective 11/15/2018, plus I had the stamped application to add him as my dependent from the VA,  and the receipt showing I paid the bill for the medical exam last year. 
 

Today, received an email from the person working on his passport application from the State Department requesting a copy of my and my wife’s passport. Sent via email and the person responded saying his passport was approved and will get within a week. Well about 2 hours ago I got an email saying his passport has been shipped and will receive tomorrow along with the supporting documents. 
 

So, good news. Thanks for all y’all’s help and support throughout the process from applying for the IR-1, IR-2 and the passport application. A big thanks

[Family 4,068]

12 hours ago, tundra12nfl said:

I sent in what they asked for. As for the proof of financial responsibility, as I mentioned on my adopted sons insurance card, it says effective 11/15/2018, plus I had the stamped application to add him as my dependent from the VA,  and the receipt showing I paid the bill for the medical exam last year. 
 

Today, received an email from the person working on his passport application from the State Department requesting a copy of my and my wife’s passport. Sent via email and the person responded saying his passport was approved and will get within a week. Well about 2 hours ago I got an email saying his passport has been shipped and will receive tomorrow along with the supporting documents. 
 

So, good news. Thanks for all y’all’s help and support throughout the process from applying for the IR-1, IR-2 and the passport application. A big thanks

That is excellent news. Congratulations ! 

[tundra12nfl 5]

Thank you. It was a long shot in sending the insurance card and VA dependent application, because I could not find the actually letter showing he’s been added, until a few days later while cleaning out a closet. The lady who was working on his passport application was a fellow veteran and she understood.