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

[LionessDeon 2,060]

Doesn't your divorce decree mention minor children and specify who has custody or is legal custodian? Mine does and I submitted that with my son's passport application. No problems.

[blesskaye 2]

I would love to know how this works out because in the near future I will be applying for my daughter's passport as well. The only difference between the OP and I is that I was never married to my child's father.

[Cyberfx1024 7,978]

Doesn't your divorce decree mention minor children and specify who has custody or is legal custodian? Mine does and I submitted that with my son's passport application. No problems.

Divorce is not allowed in the Philippines only annulment if she was married. I am curious as well how did she bring the child here if the father was on the birth certificate, because you have to have the father sign off with the child leaving.

[Jawaree 717]

How did the kid leave without sole custody docs, or a consent letter to immigrate

from dad, I think thats what they want proven or addressed to issue a PP, the US

believes in the rights of both parents support or not, so his recent letter may

need backing up by one you should have had for the child immigrating 2011

[Alaska2012 462]

Did you apply for a N-600 for your kid after you got your citizenship?

I have been told that uscis are being extremely ####### about them right now and many many passport offices seems to go by their own head.

I'm getting my son a N-600 as soon as I get my citizenship but I'm just expecting that to be a another long story like everything else

[LionessDeon 2,060]

Divorce is not allowed in the Philippines only annulment if she was married. I am curious as well how did she bring the child here if the father was on the birth certificate, because you have to have the father sign off with the child leaving.

The OP stated she married him and they were "divorced in 2008". Where did the divorce take place? Any divorce in the USA that I've ever heard of contain custody and mention of any minor children produced in the marriage. Something doesn't seem right here.

[LionessDeon 2,060]

http://travel.state.gov/content/passports/english/passports/under-16.html

It's stated here that you need to show parental relationship like a divorce decree or custody papers.

It also lists citizenship requirements.

Edited August 5, 2015 by LionessDeon

[Darnell 8,478]

ya, still, i think something was wrong with the passport application paperwork.

[apple21 953]

Maybe she meant "annulled"? Only Muslims in the Philippines can file for divorce.

And even if they were annulled, it is quite rare in the Philippines for parents to battle over child custody. Usually, if not almost all the time, the children stays with the mother that's why she didn't have any issues bringing her daughter to the US. Documenting such "custody" is also not properly done (or even non-existent?) unlike for custody issues here in the US.

[pixie77 2]

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.

Hi Darnell,

Yes, we attempted to get the passport route first instead of the N600. We submitted my ex-husband's consent but their denial letter states I met most of the requirements but I have failed to comply with the LEGAL custody part as stated on Art.360 of INA. My divorce indicated my ex-has custody because at the time of the divorce my daughter was in the Philippines. We thought that the father's consent will somehow be sufficient enough for the passport to be approved.

[pixie77 2]

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.

Hi Dmck,

Yes, the father is on the birth certificate and I was not asked to produce a consent from him. In the Philippines for as long as you are traveling with you mother OR father you can exit the country. In most cases, if you travel with the father that's when you need consent but the mother almost always are not questioned at the exit point.

I am hoping to do the N600 for my daughter as I am already an American citizen. If you read through the post here on the forum, most will advise to get the passport first because the N600 costs an arm and leg which was what I followed. My ex-husband is rather cooperative at the moment. He has sent his affidavit of consent and a general consent letter just in case we travel.

I have been a little impatient and spoke with my attorney over the phone yesterday and met with him today. What we will do is just to go ahead and file for modification of custody as there is a significant change in our situation.

I hope I have answered all your questions.

[pixie77 2]

Doesn't your divorce decree mention minor children and specify who has custody or is legal custodian? Mine does and I submitted that with my son's passport application. No problems.

Hi LionessDeon,

Yes, my divorce decree mentioned custody was with the father as my daughter was with him at the time of the divorce. My then, divorce lawyer never mentioned to me that I can add a clause which specifically states that in the event that a passport is needed I will not need his permission. We thought that my ex-husband submitting an affidavit of consent will be enough to get the passport approved however, we were wrong.

As per my lawyer, I will now need to go to court to modify our custody agreement which I will do.

[pixie77 2]

I would love to know how this works out because in the near future I will be applying for my daughter's passport as well. The only difference between the OP and I is that I was never married to my child's father.

Hi Blesskaye,

I may be wrong but if your ex acknowledge your child and is on the birth certificate you will need his consent. Please check with the Department of State website.

Good luck!

[Darnell 8,478]

are you currently married to a uscitizen , who sponsored your initial visa into the usa? yes? no? if yes, there's another route.

[pixie77 2]

Divorce is not allowed in the Philippines only annulment if she was married. I am curious as well how did she bring the child here if the father was on the birth certificate, because you have to have the father sign off with the child leaving.

Hi Cyberfx,

Yes, divorce is not recognized in the Philippines, however if you become a US citizen you can have your divorce recognized in the Philippines for as long as you don't file for dual citizenship. I have been living in the US since 2005, re-married in 2010 and subsequently my husband petitioned me (I30 and I-485for adjustment of status) while in the US and not from the Philippines. I think that makes a difference.

The Philippines is a very matriarchal country in a way. I was not asked for the father's consent during the US Visa interview of my daughter but was asked if he knew to which I answered yes and no father's consent needed when exiting the Philippines because according to the social welfare department there, as long as the child is traveling with the mother OR father consent is not needed. Most often than not, a consent is needed if a child travels with the father but not with the mother. I was also not asked to produce consent at point of entry.

I reckon it's a matter of which country you come from.