Applying for US passport - 1 legal parent

[Usaph 19]

My spouse immigrated from the Philippines legally, and a few years later so did her child who is a minor.

 

No green card for the child, and we haven't applied for certificate yet. We thought passport would be best for now.

 

The father is not listed on the child's foreign (Philippines) birth certificate and has never had any contact.

 

I am the step parent but not legal since I haven't adopted.

 

Can we still apply for US passport now? We can provide marriage certificate and my US passport, but we're only listing 1 parent on parental information since it says at parents birth. Is my information necessary or will just confuse everything?

 

Anyone ever heard of a similar situation?

[Boiler 45,731]

Quote

No green card for the child, and we haven't applied for certificate yet. 

 

I would do that, other people have had issues that this would resolve.

 

I do not see how you are relevant to a Passport application

[Pinkrlion 2,724]

It is my understanding for a child you need 2 parents to sign regardless of if they are not together. Otherwise they deny it. Also they will ask for custody paperwork to make sure she has sole custody. 

[Boiler 45,731]

If only one parent is applying, provide either a birth certificate listing you as sole parent, a death certificate of the other parent, or a court order which lists you as having sole physical and legal custody of the child.

[Demise 1,304]

23 hours ago, Usaph said:

My spouse immigrated from the Philippines legally, and a few years later so did her child who is a minor.

 

No green card for the child, and we haven't applied for certificate yet. We thought passport would be best for now.

 

The father is not listed on the child's foreign (Philippines) birth certificate and has never had any contact.

 

I am the step parent but not legal since I haven't adopted.

 

Can we still apply for US passport now? We can provide marriage certificate and my US passport, but we're only listing 1 parent on parental information since it says at parents birth. Is my information necessary or will just confuse everything?

 

Anyone ever heard of a similar situation?

 

I assume the kid immigrated as an IR2. Well first order of business is whether she's eligible for citizenship. For that you'd need to adopt her or for your wife to have naturalized.

If wife's a citizen then you're good to go.

 

In this case yeah you can apply. Things to submit are as follows (originals, will be returned later):

1. Wife's naturalization certificate or her US passport

2. Kid's passport with stamped immigrant visa

3. Kid's birth certificate with translation

4. Ideally some other proofs of physical custody (school records, vaccination records, etc).

 

The birth certificate in this case handles the matters of custody since the father is a John Doe.

 

If wife's not a citizen then well, kid isn't eligible for citizenship (and therefore a US passport) until wife naturalizes (before 18th birthday) or you adopt the kid (I believe before 16th birthday).

[top_secret 2,456]

If the mother was unmarried and the father does not acknowledge paternity on a Philippine Birth Certificate, then it is automatically issued as father, "Unknown".  Whether he is known or not.  For US Passport purposes mom has no problem claiming sole custody.

[mam521 2,111]

On 10/31/2024 at 9:04 AM, Usaph said:

My spouse immigrated from the Philippines legally, and a few years later so did her child who is a minor.

 

No green card for the child, and we haven't applied for certificate yet. We thought passport would be best for now.

 

Is the mother a citizen?  

[Usaph 19]

Mother is US citizen. Father unknown on her child's birth certificate.

 

Sounds like we're good to go then, just have her on the form as sole parent but bring enough documentation just in case.

 

Thanks all! If I have this wrong please let me know.