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pixie77

US Passport Application of Minor Denied even with Father's Consent

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Hi All,

I recently applied for my daughter’s US passport. She’s 13 so we needed consent from her father who’s from the Philippines. The father signed and mailed the consent to us using the Department of Sate Affidavit of Consent format. We were expecting for approval, but got denied. The Department of State states that I do not have Legal custody of my daughter.

Anyone experienced the same thing? Where do I go from here?

Do I file for Sole Custody? Do you have an idea how long will it take?

Do we do Step-parent adoption?

Any advice/answers will be greatly appreciated.

Thank you.


AOS from B1B2

06/14/10 – Mailed I-130, 485,765,824

06/16/10 – Delivered to Chicago Lockbox

06/22/10 – Received texts & email routed to NBC

06/24/10 – Checks cashed for I-130, 485, 765, 824

06/26/10 – NOA1 for I-130, 485,765, 824

07/17/10 – Received hard copy of RFE 485

08/16/10 – Sent RFE response

08/19/10 – RFE delivered to NBC

08/20/10 – Case resumed online

09/24/10 – Called USCIS Biometrics Service Request

10/04/10 – Received Service request letter

10/27/10 – Infopass Appt. for Biometrics

11/05/10 – Called USCIS for Biometrics

11/22/10 – Called USCIS Biometrics Service Request

11/23/10 – Wrote & Mail Letter to Congresswoman

12/06/10 – Received Biometrics Letter after 5 months…FINALLY!!!

12/14/10 – Biometrics Done!!

12/15/10 - Card Production Ordered - Online Status-YEHEYY!!!:))

12/28/10 - Received EAD Card!!! Yahoo!! :))

12/30/10 - Applied for SSN

01/03/11 - Received SSN

01/06/11 - Received Interview Letter!! Yahoo!! Feb. 8 it is!!

01/08/11 - Interview Approved!Green Card Stamped on Passport!!

01/14/11 - Approval Notice I-130 & Welcome Letter!

01/18/11 - Received Green Card in the mail..

uzKIm4.png

Daughter's CR-2 Timeline http://www.visajourney.com/forums/index.php?app=core&module=usercp&tab=members&area=aboutme

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A few questions. Is the father on the birth certificate? (Assuming yes) how did she immigrate in the first place? How long has her father been non existent in her life? For step parent adoption states have different laws. Some require consent of both birth parents. By all means file for custody.

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Hi Transborderwife,

Thank you for your reply.

Yes, the father's name is on the BC. I was married to him and divorced him in 2008. I never had a problem with immigration regarding custody and all. It was all smooth. Father has not given any kind of support since 2011 when my daughter arrived in the US, never called my daughter and sporadic email communication only.


AOS from B1B2

06/14/10 – Mailed I-130, 485,765,824

06/16/10 – Delivered to Chicago Lockbox

06/22/10 – Received texts & email routed to NBC

06/24/10 – Checks cashed for I-130, 485, 765, 824

06/26/10 – NOA1 for I-130, 485,765, 824

07/17/10 – Received hard copy of RFE 485

08/16/10 – Sent RFE response

08/19/10 – RFE delivered to NBC

08/20/10 – Case resumed online

09/24/10 – Called USCIS Biometrics Service Request

10/04/10 – Received Service request letter

10/27/10 – Infopass Appt. for Biometrics

11/05/10 – Called USCIS for Biometrics

11/22/10 – Called USCIS Biometrics Service Request

11/23/10 – Wrote & Mail Letter to Congresswoman

12/06/10 – Received Biometrics Letter after 5 months…FINALLY!!!

12/14/10 – Biometrics Done!!

12/15/10 - Card Production Ordered - Online Status-YEHEYY!!!:))

12/28/10 - Received EAD Card!!! Yahoo!! :))

12/30/10 - Applied for SSN

01/03/11 - Received SSN

01/06/11 - Received Interview Letter!! Yahoo!! Feb. 8 it is!!

01/08/11 - Interview Approved!Green Card Stamped on Passport!!

01/14/11 - Approval Notice I-130 & Welcome Letter!

01/18/11 - Received Green Card in the mail..

uzKIm4.png

Daughter's CR-2 Timeline http://www.visajourney.com/forums/index.php?app=core&module=usercp&tab=members&area=aboutme

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Do you have an idea as to cost and how long will it be?


AOS from B1B2

06/14/10 – Mailed I-130, 485,765,824

06/16/10 – Delivered to Chicago Lockbox

06/22/10 – Received texts & email routed to NBC

06/24/10 – Checks cashed for I-130, 485, 765, 824

06/26/10 – NOA1 for I-130, 485,765, 824

07/17/10 – Received hard copy of RFE 485

08/16/10 – Sent RFE response

08/19/10 – RFE delivered to NBC

08/20/10 – Case resumed online

09/24/10 – Called USCIS Biometrics Service Request

10/04/10 – Received Service request letter

10/27/10 – Infopass Appt. for Biometrics

11/05/10 – Called USCIS for Biometrics

11/22/10 – Called USCIS Biometrics Service Request

11/23/10 – Wrote & Mail Letter to Congresswoman

12/06/10 – Received Biometrics Letter after 5 months…FINALLY!!!

12/14/10 – Biometrics Done!!

12/15/10 - Card Production Ordered - Online Status-YEHEYY!!!:))

12/28/10 - Received EAD Card!!! Yahoo!! :))

12/30/10 - Applied for SSN

01/03/11 - Received SSN

01/06/11 - Received Interview Letter!! Yahoo!! Feb. 8 it is!!

01/08/11 - Interview Approved!Green Card Stamped on Passport!!

01/14/11 - Approval Notice I-130 & Welcome Letter!

01/18/11 - Received Green Card in the mail..

uzKIm4.png

Daughter's CR-2 Timeline http://www.visajourney.com/forums/index.php?app=core&module=usercp&tab=members&area=aboutme

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You need to find the law on child custody in the Philippines.

Did you need the fathers consent to allow your daughter to immigrate?

Plus if you filed for custody now it would still have to be done in the Philippines not here in the US.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Thank you, Transborderwife.


AOS from B1B2

06/14/10 – Mailed I-130, 485,765,824

06/16/10 – Delivered to Chicago Lockbox

06/22/10 – Received texts & email routed to NBC

06/24/10 – Checks cashed for I-130, 485, 765, 824

06/26/10 – NOA1 for I-130, 485,765, 824

07/17/10 – Received hard copy of RFE 485

08/16/10 – Sent RFE response

08/19/10 – RFE delivered to NBC

08/20/10 – Case resumed online

09/24/10 – Called USCIS Biometrics Service Request

10/04/10 – Received Service request letter

10/27/10 – Infopass Appt. for Biometrics

11/05/10 – Called USCIS for Biometrics

11/22/10 – Called USCIS Biometrics Service Request

11/23/10 – Wrote & Mail Letter to Congresswoman

12/06/10 – Received Biometrics Letter after 5 months…FINALLY!!!

12/14/10 – Biometrics Done!!

12/15/10 - Card Production Ordered - Online Status-YEHEYY!!!:))

12/28/10 - Received EAD Card!!! Yahoo!! :))

12/30/10 - Applied for SSN

01/03/11 - Received SSN

01/06/11 - Received Interview Letter!! Yahoo!! Feb. 8 it is!!

01/08/11 - Interview Approved!Green Card Stamped on Passport!!

01/14/11 - Approval Notice I-130 & Welcome Letter!

01/18/11 - Received Green Card in the mail..

uzKIm4.png

Daughter's CR-2 Timeline http://www.visajourney.com/forums/index.php?app=core&module=usercp&tab=members&area=aboutme

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Hi Ontarkie,

Thank you for your thoughts.

My daughter's habitual residence is the US, so place of custody is the state where we currently live. I did not need the Father's consent for my daughter to emigrate to the US nor did I have the need for it to exit the Philippines. I did not apply for dual citizenship for myself or my daughter, so our only citizenship is the US. Our Philippine passports have expired and I have no plans of renewing it.


AOS from B1B2

06/14/10 – Mailed I-130, 485,765,824

06/16/10 – Delivered to Chicago Lockbox

06/22/10 – Received texts & email routed to NBC

06/24/10 – Checks cashed for I-130, 485, 765, 824

06/26/10 – NOA1 for I-130, 485,765, 824

07/17/10 – Received hard copy of RFE 485

08/16/10 – Sent RFE response

08/19/10 – RFE delivered to NBC

08/20/10 – Case resumed online

09/24/10 – Called USCIS Biometrics Service Request

10/04/10 – Received Service request letter

10/27/10 – Infopass Appt. for Biometrics

11/05/10 – Called USCIS for Biometrics

11/22/10 – Called USCIS Biometrics Service Request

11/23/10 – Wrote & Mail Letter to Congresswoman

12/06/10 – Received Biometrics Letter after 5 months…FINALLY!!!

12/14/10 – Biometrics Done!!

12/15/10 - Card Production Ordered - Online Status-YEHEYY!!!:))

12/28/10 - Received EAD Card!!! Yahoo!! :))

12/30/10 - Applied for SSN

01/03/11 - Received SSN

01/06/11 - Received Interview Letter!! Yahoo!! Feb. 8 it is!!

01/08/11 - Interview Approved!Green Card Stamped on Passport!!

01/14/11 - Approval Notice I-130 & Welcome Letter!

01/18/11 - Received Green Card in the mail..

uzKIm4.png

Daughter's CR-2 Timeline http://www.visajourney.com/forums/index.php?app=core&module=usercp&tab=members&area=aboutme

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Ok slow down a second.

First the country of birth is the laws you are to follow. (It's in your benefit). Birth Countries will always be the law the US will go by(yes there are exceptions) or unless you get the fathers consent to fight it out in US courts. You actually do not want this. It's pretty rare that one parent in the US gets sole custody, and you already have it. You just need to prove it. The courts in the US will want to make sure they don't get in trouble for International child abduction.

As you said you didn't need the fathers consent because you already have sole custody. You just need to show that law to them. Same goes if your husband wanted to adopt your daughter they would first go by the birth country laws and then follow your States laws. Again this benefits you. As the Philippines is one of the few countries that many of the fathers have no rights/custody to the child. So it's much easier for step parent adoption in the US.

What I suggest you do if find an attorney back in the Philippines to write up the the custody laws and saying you already have sole custody (might be less expensive.) Or find an attorney here in the US who is familiar with the laws there and write up something explaining the laws.

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Hi Ontarkie,

The Philippines is not a party to the Hague Convention. If it is, then it will be a more complicated case. So far, the father's been rather cooperative. I was informed that since my daughter is considered an American citizen and has been living in the US for more that 2 years now, litigation for custody can proceed here as the US now has jurisdiction over custody. If the father wants to contest, he can come here and appear in court with his lawyer.

Anyway, I'll see what the lawyer says tomorrow as I was just on the phone with him.

Thanks again for your thoughts and will keep this post updated just in case someone benefits from it.

Edited by pixie77

AOS from B1B2

06/14/10 – Mailed I-130, 485,765,824

06/16/10 – Delivered to Chicago Lockbox

06/22/10 – Received texts & email routed to NBC

06/24/10 – Checks cashed for I-130, 485, 765, 824

06/26/10 – NOA1 for I-130, 485,765, 824

07/17/10 – Received hard copy of RFE 485

08/16/10 – Sent RFE response

08/19/10 – RFE delivered to NBC

08/20/10 – Case resumed online

09/24/10 – Called USCIS Biometrics Service Request

10/04/10 – Received Service request letter

10/27/10 – Infopass Appt. for Biometrics

11/05/10 – Called USCIS for Biometrics

11/22/10 – Called USCIS Biometrics Service Request

11/23/10 – Wrote & Mail Letter to Congresswoman

12/06/10 – Received Biometrics Letter after 5 months…FINALLY!!!

12/14/10 – Biometrics Done!!

12/15/10 - Card Production Ordered - Online Status-YEHEYY!!!:))

12/28/10 - Received EAD Card!!! Yahoo!! :))

12/30/10 - Applied for SSN

01/03/11 - Received SSN

01/06/11 - Received Interview Letter!! Yahoo!! Feb. 8 it is!!

01/08/11 - Interview Approved!Green Card Stamped on Passport!!

01/14/11 - Approval Notice I-130 & Welcome Letter!

01/18/11 - Received Green Card in the mail..

uzKIm4.png

Daughter's CR-2 Timeline http://www.visajourney.com/forums/index.php?app=core&module=usercp&tab=members&area=aboutme

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Please do update.

I still believe it would be easier to show that you already have sole custody then try to get it in the US.

And consult more then one attorney. I was told similar to what you have been told. And that was not the case.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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wait - something is weird.

you are attempting to get uscitizenship for your child because you just acquired your uscitizenship, right?

something's amiss at the passport office.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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I agree with Darnell, something seems missing from this story. If the father is on the birth certificate, how did she immigrate without the consent of the father? If the daughter was naturalized N400, the passport office should have accepted her application. Without proof of custody, she would have to get a notarized authorization from the father to travel outside of the US on said passport, but again it seems we are missing some details.

As far as an attorney goes, I would not settle for 1 attorney until I have talked to at least 3. Attorneys are notorious for telling you what you want to hear to get you to sign up. Then they rack up the bills and it gets expensive fast. Go learn what it will take to get her passport without attorneys first. Only go to them when you know Exactly what you need and you tell them to do something.

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