His passport was revoked because of his unsettled debts in his child support.

My question is, Can he file me for a spouse visa even his passport was revoked? I mean, he can submit his birth certificate along with I-I30.

If ever he paid his balance, he can get his new passport. How long does it take for him to get a new passport? Some says, 3 months some 6 months... i dunn o the real deal....






Please help....

I am not sure about the visa! but you can always expidite a passport only takes like a week to get a new one!

http://www.acf.hhs.gov/programs/cse/newhir...ls/passport.htm

Passport Denial

Another tool provided to state and federal government by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) is Passport Denial. PRWORA requires the Secretary of State to refuse to issue a passport to any person certified by the Secretary of the Department of Health and Human Services (DHHS) as owing a child support debt greater than $2,500. Further, the Secretary of State may take action to revoke, restrict, or limit a passport previously issued to an individual owing such a child support debt.

How does the process work?

All cases receiving full child support services through the local or state child support agency are eligible for passport denial. Persons who owe child support debts greater than $2,500 will be sent a passport denial Pre-Offset Notice, which also includes information about the Federal Tax Refund and Administrative Offset programs.

Through the Federal Offset process, states submit to the Federal Office of Child Support Enforcement (OCSE) those cases that meet the criteria for Federal Tax Refund and/or Administrative Offsets. When a state submits a case with arrears exceeding $2,500, OCSE automatically forwards that case to the State Department for passport denial unless the case has been specifically excluded from the Passport Denial Program.

When an individual applies for a passport, the State Department denies the application based on the child support obligation owed by the applicant. When the State Department denies an application for a passport, a notice is sent to the non-custodial parent explaining that the passport application was denied because of delinquent child support, and advising the applicant to contact the appropriate state child support enforcement agency, listed on the notice, for further information.

What steps should I take if my passport has been denied because of a child support debt?

You must contact your local child support agency to make satisfactory arrangements to pay your delinquent child support obligation. If more than one state reported a delinquency in excess of $2,500, you must reach an agreement with all states involved in order for the passport to be released.

Once the debt has been satisfied or a satisfactory agreement has been reached, the state(s) will request that OCSE remove you from the passport denial process. It takes approximately two weeks from the time OCSE receives a request for removal for the State Department to withdraw the passport denial. After the denial of the passport has been withdrawn, you must reapply for your passport and pay any accompanying fees. Fees are not refunded when your passport application is denied.

Sorry, I have little sympathy for those that don't pay their child support. After he pays his arrears, he can get a new one. The process for getting a passport can be expedited and take just a week or two.

I don't want to be the bringer of bad news, but, many petitioner who petitioned and get the interview for the beneficiary get a denial based on the Adam Walsch Act.

I've known to be wrong, and don't ridicule me for it. Read on the Adam Walsh Act and see how it applies to your husband.

You should take this as a bigtime RED flag. Why would you want to hook-up with some deadbeat dad who doesnt support his own children.......after all, real men support their children.

I hope that USCIS will reject any petition from this guy,k but I dont know what the law says.

Too many assumptions that he is/was a deadbeat dad. He could be behind due to unemployment or being unable to work. I was behind at one time due to being out of work for an extended period of time because of my Crohns' Disease.

Your reply is pretty much meaningless...you were a special case. Im sure that while you were out of work and recuperating from your illness, that you werent trying to sponser a new spouse at the same time.

He is on the State Dept list, because some court or DA's office that has jurisdiction in this matter has notified the state dept of this delinquency...
\
Im sure this is done after investigating total the facts, trying to intercept tax refunds, trying to attach wages, etc.
So far he is a deadbeat unless the OP can justify the reasons.

Agreed. Additionally, if a person is out of work for a justified reason, all they have to do is go back to court and have their child support order modified. My ex-husband was unemployed for a long period and he took me back to court to have the child support lowered and the court did just that. It's not hard.

I have no sympathy whatsoever for people who cannot pay their child support.When he catches up,I'm sure he'll be able to get a new one.

Falling behind on child support does not make one a dead beat dad. Really tired of this automatic connection always being made.

His passport was revoked for not paying child support but he's looking to sponsor a foreign spouse and that doesn't raise red flags for possible "deadbeat dad" status? Give me a break!

I hear exactly what your saying. But in today's entitlement society CS is handed down as a punishment and there is no accountability for those who receive the funds. Furthermore if a person gets sick, is in between jobs or some other life changing event the system simply does not care. Sure a person can get the CS reduced if out of work but the problem is by the time the reduction is granted most are already in arrears. No matter what the situation is the person paying the CS is always labled a deadbeat.

Now dont get me wrong if someone out there is purposely avoiding the CS and making every attempt to skirt the collection then they should get hammered.

Makes me wonder if some who have posted here are angry because they didnt receive a few payments. Well all I gotta say to that is if your relying soley on the CS to make ends meet then you have got more serious problem than depending on that tax free check to help pay your bills.

I paid CS for over 15 years and not once did I ever fall behind but I have seen many instances where people have had valid reasons for falling behind only to be punished and branded a dead beat.


Sofargone

A spouse in the Phillipines that he was supposed to have visited at least once in the last two years!!

Until it gets to the point where you have to go to the State Dept and terminate a passport. This only indicates that the courts, DA office, ex-spouse are having difficulty in getting this guys attention and cooperation.....yet he can petition for a new spouse with all the attendent costs....gimme a break!!...DEADBEAT!!

Look! This post is about someone who is sponsoring a foreign spouse. That takes money. We ALL know that. He has the money for that, but not to pay for the support of his CHILDREN? Hello.......no ivory tower big picture of all the possibilities here. Just basic one plus one does not equal out!!

I been trying to get Child support for 20yrs now. they dont put someone on the list because of a medical problem and out of work for a while ,these are parents that have purposely avoided to pay.

you dont know the story..... dont ever judige my husband!

I am sorry to hear that you have been trying to get CS for 20 years now.

May I ask why you even bother trying to collect after such a long period of time and the children involved must be in their 20's by now ? I assume they know they werent supported and as such made their own decisions on how to deal with it being adults now.

Dont get me wrong you were supposed to have received CS but after 20 years why even bother ?

Sofargone

some people here are judgemental... i feel so sorry.. My husband is a good man, He supports his son every month, but his daughter, he has a problem coz the mother of his daughter told him and me that she doesnt need any money from him.. and the fact that its been 4 years now that she doesnt let my husband see his daughter....

here in the philippines, if a woman got pregnant and the guy didnt support her, FINE! its ok... women here has no big deal with that...

gosh... but anyways, can i add you sir ? i think ur answer is a big help... thanks sooo much!

TO ALL THE GUYS HERE WHO JUDGED MY HUSBAND, GOD BLESS YOU!!!! MAY YOUR PETITION BE APPROVED!
I am here to ask help not to recieve negative comments or feedback... i need help! You guys are so too proud, you dont even know the real situation! NIce of you!!!!

If I may just give a bit of advice. If your husband owes back CS the best thing that he can do is contact the CS office that the payments are supposed to be made to and get on some kind of re-payment plan so that he can get this matter taken care of. This type of problem will not go away and the only way to get past it is to face the music and get it taken care of. If he doesnt face the problem and make arrangements to get it taken care of he will always have a difficult time with his passport and in many states he may lose his driving priviledges.

I am not making any judgments as I myself payed CS for 15 years. I think if your husband makes any kind of effort to pay the arrears and actually comes thru and rebuilds a payment history then he may get the passport re-instated.

Good luck;

Sofargone

I quit bothering a long, long time ago, but he was just found again, by the state, he still has to pay. They make them.

Well our culture is different. It is a big deal....he is responsible and there is a court order for him to pay child support.

Not seeing his child is a different matter, but no court in this land will deny access to see his child unless there are serious problems that would put the child in danger.

Its not relevant if she doesnt want the money...its his child. If she doesnt want child support, then she can certainly modify the court order, but this does not appear to be what is happening. Someone is playing some serious hard ball for it to get to this point. You need to get more current facts on what is really happening.

All judgment about the situation that lead to the arrears aside, it has to be one serious case and several years long to include revocation of a passport. The states usually collect any income tax refunds first and then go for garnishment of wages second, then they start to play hard ball with revocation of passport and driver's license suspension. All of those steps take a lot of time to finalize.

If she didn't want the money, it wouldn't have gone this far, right? I mean, doesn't the spouse the child support is being paid to need to pursue it? All of my friends with deadbeat fathers had to push to get their child support awards enforced, it wasn't like them doing nothing about the fact their child's father wasn't paying turned into passport revocation.

Ditto Delicia . It takes a while, and it is the last resort when someone has consistently been behind or absent from his CS payments.
So no pity for the OP's partner from me either --- if you let your children without your support.... well.... maybe you shouldn't have reproduced in the first place.

I doubt that he'll be able to petition somebody. OP please read this story. It's a true story. You should use it to guide your decision.

A Candle Light Story

Please save yourself while you can.

Oh man - I read that story last week and actually cried and gasped for air. In between sadness, horror and disgust. Good of you to point the OP to the story master: truth is hard but always better than a lie.

you have a good head on your shoulders!!! For sure the money spent on airfare, visa fees, let alone hotel room, food, presents, etc. could have been much better spent on the back child support.

OP I think you really need to think hard and from a third party perspective. This could be your child we're talking about a few years from now.

some one else had a story like this some months ago..not sure what happened with her...but haven't heard since

OP..u have to think..how will he come and visit you while u wait in another country

unless ur doing this process for some other reason than love....other than that this would be a big read flag for me

am I alone..hmmm

my husband's debt before is 7,000. Now the remaining balance is 4,000... Is that a deadbeat dad? DUH?!!!! He is paying now his debts... so whats the connection of him getting me as his spouse? As long as he can prove that he can prove he can support me then its fine!

I guess the government's stand is if can't or doesn't support his kids, then adding to his burden with another wife/family member would just be adding to his burden that he cannot already satisfy. It makes sense to me.

Good luck with your journey (and I can't add what I really feel as it is like communicating with a box of rocks).

People are always quick to make a normal loving father into a "deadbeat" dad quicker than wildfire spreads. They don't know your husband or his personal situation. Ignore them. You can see your kids every day, love them, care for them, and support them in your way, but oh... fail to send their mother her precious child support (that is often used for her and not the children) and you are suddenly an evil sloth worthy of stoning. I wish you luck, ignore these bashers.

Get a new child?

Take it easy on her, the situation is a bit complicated.

It may be that the former wife is either a person with no morals for abusing his kindness by enforcing child enforcement on him. Or, she just wanted a child and have the guy support her needs by filing CS on him. It may be this case instead of the vice-versa. CS can be abused by the beholder as well.

You just dont get it guy.
You dont know their personal circumstance and neither do I, and I really dont care what they are. I only know that this guy is behind in court ordered child support and has failed to come up with a proper agreement with the child support enforcement officals in his home state. Therefore this agency reports this person to the US Dept of Human Social Services (HHS) to begin the process of intercepting tax refunds, cancelling passports, etc.

Once this guy comes up with a satisfactory arrangement with the reporting agency...this is the way it will be with his passport status. Once he decides to cooperate with the process and the complaning authority is satified, he name can be removed from this list in under a month.

You are making so many presuppositions of what this mother may or may not be doing with the proceeds that they are not relevant. Maybe she is in dire need of support and living on welfare. This is usually the case and will kick off automatic child support enforcement in most cases by the local DAs' office that has jurisdiction.

As far as Im concerned, any person that has reached this point in child support enforcement is a deadbeat.

Statements from the OP that the ex doesnt want the money are obviously not true.

Passport.

It is hard to make comments on personal situations. But OP's husband must pay the child support debt in order to be eligible for a new passport.

Hello..

This situation is complicated.. I think, Nobody here knows the real story behind this unless you are known to the the OP or to his husband.. But i believe we have no right to judge both of this two people. (OP and her husband).. By looking at the post the OP , only asked how long for a new passport to be released that has been revoked.. But , im feeling upset for her, few of the answers here were criticism..
For sure , nobody here in this forum would want their spouses being criticized or judged , right? Let's put ourselves to the OP's shoes, what would you feel?

I just hope your husband will be able to settle his child support payment , soon, so he can get a new passport.. As for your question how long would it takes to get a new passport, My husband , it took him 3 months for his passport to be delivered to his house.. But , some says it can be expedite so that's good, maybe your husband can do that too after he settle all his CS payment already..

Good luck. and Don't let these bad commenters get into your system.. Be strong..

Oh I "get it" just fine. It is you that sees this as black and white. I can see the shades of gray. So if you admit you don't know his personal circumstances any more than do, than why judge him as an automatic "deadbeat"? I am giving him the benefit of the doubt.

Hello..

This situation is complicated.. I think, Nobody here knows the real story behind this unless you are known to the the OP or to his husband.. But i believe we have no right to judge both of this two people. (OP and her husband).. By looking at the post the OP , only asked how long for a new passport to be released that has been revoked.. And the OP asked ,if her husband can file a petition while his passport was revoked..But , im feeling upset for her, few of the answers here were criticism..
For sure , nobody here in this forum would want their spouses being criticized or judged , right? Let's put ourselves to the OP's shoes, what would you feel?
As for your question how long would it takes to get a new passport, My husband , it took him 3 months for his passport to be delivered to his house.. But , some says it can be expedite so that's good, maybe your husband can do that too after he settle all his CS payment already.. And, i believe he cant file yet for a petition, not until he has a valid passport already..
I just hope your husband will be able to settle his child support payment soon, so he can get a new passport and file for a petition for you..

Good luck. and Don't let these bad commenters get into your system.. Be strong..

I have to agree with the fox on these points, esp the last sentence.... Unfortunately, the OP is as the mercy of whatever he is telling her.

Jen

I think the answer is you can use different document to show US citizenship. Birth certificate is one of them. I am sure there are occasions where I-130 is being filed but the US citizen does not have passport.

As for the issuance of new passport, I think the OP has been given advice on how to get new one. As for the Adam Walsh Act, somebody mentioned that. So worth checking I guess. Good luck!

I have to agree with a lot of people here. I dont care what the reasons was for being behind in his child support payments. Just pay it. There's obviously "some" money to be spent on immigration fees and all, not to mention the recent wedding he had in Philippines. Just pay the child support first. The wife in PI who he recently just married can wait. Whatever the reason is, ignoring child support is a "real" and not imagined red flag.

ok. You could all hammer me now for being so judgemental.

All he has to do is pay the money remaining money owed to the children. The Family Court has probably GARNISHED (take money directly from paycheck) your husbands salary to get this money.

Once he has paid off the $4000.00....then he can get his passport...

Dear,

Big differences between the Philipines and USA....

But please don't tell me GOOD Pinoy women don't care if man does not pay for their children...That may be the case if the woman is not married and having kids with lots of men. But not catholic pinoy women.

In USA...it takes two people to make a baby...and so two people to pay for baby....

What is wrong with that????

Or do you feel it is ok for men to go around making babies and not taking care of them after?????

If you answer, yes, don't feel bad when you are left alone to take care of the kids.

The child support must be brought current and a certified satement to that effect must be available before you can process for a new Passport. There are no exceptions to this. Nice to see something works.