N-600, Court order showing proof

[isleta521 5]

Darn, I really thought I was done messing with USCIS but it has reared it's ugly head again.

My wife has been naturalized about a year ago and now we are trying to file for her son who was under 18 at the time of filing the N-600. We sent check and all required docs such as his BC including a certified translated copy. But now they are asking for more proof that, " . . You are in the legal and physical custody of your mother, ie, send a certified copy of the child custody agreement approved by the court granting your mother legal custody of you".

Well, my wife was never married to her son's father who never even spent one nickel on his son and is basically unreachable in Brazil. There has never been a need in Brazil to file for legal custody since the dad never cared much for his son. And her son came here to the US as a derivative of the K1 Visa and then got his 2 year and then subsequently the 10 year green card. The only thing my wife had was a paper that the father signed that he can get a passport and leave Brazil with his mom when she immigrated to the US which Brazilian customs took at port. Therefore, we really have nothing to show.

I am thinking I need to make an info pass appointment and try to explain to them that it is not black and white like it is here in the US. Anybody have any ideas what to do?

Thanks in advance for any responses.

[sib 7]

I am astonished that the issued the K2 without that note. Are you sure there is not a copy of that note in the file?

You might have a chance with making an infopass appointment and explain what happened and that you had a note that the Brazilian customs took.

Hopefully that will be enough.

Wishing you luck.

Sib

[MayLiana72 2]

It seems you've got a stupid clerk working on your case, sorry.

Did you send N-600 from your wife's name or from her son's name?

If infopass will not work, I think you have three options. First, send them a letter with that you wrote in your first post here: explain the situation for them. If it will not work too, ask your senator or representative for the help. If it will not work, you can apply for his passport when he is above 18, and later again for certificate.

[Brother Hesekiel 2,235]

My friend was in a similar situation. His Chevy broke down, first sputtered, then stopped.

So first he bought a new interior. Then he tried to paint the car, hoping it would start again. When that didn't help he bought a new engine, but since he didn't know how to install it, that didn't get him anywhere either.

What an idiot!

Can you please tell me one thing: why the hell would you waste $600 on an N-600 application that is created to give you headaches until you bleed out of the nose, instead of going to the passport office and getting junior a friggin' US passport card for $30 + $25 instead?

Too simple?

[isleta521 5]

Can you please tell me one thing: why the hell would you waste $600 on an N-600 application that is created to give you headaches until you bleed out of the nose, instead of going to the passport office and getting junior a friggin' US passport card for $30 + $25 instead?

Too simple?

Mostly because he wants to become a US citizen and enjoy all the benefits of being a USC like his mom. And also not going through the scrutiny of USCIS when he visits overseas or the other headache of getting a green card every ten years . . . .

Pretty simple really.

[isleta521 5]

It seems you've got a stupid clerk working on your case, sorry.

Did you send N-600 from your wife's name or from her son's name?

If infopass will not work, I think you have three options. First, send them a letter with that you wrote in your first post here: explain the situation for them. If it will not work too, ask your senator or representative for the help. If it will not work, you can apply for his passport when he is above 18, and later again for certificate.

I agree Mayliana72, Yes, we sent everything needed with my wife filing on her son's behalf. I don't think a senator will help in this case. We are however going to send a a couple of affidavits from some of his teachers to prove that they have dealt with my wife as custodial guardian. Send our tax forms that he did live with us and was our dependant, insurance cards, ect. I have read that you can establish proof of custody by sending in this type of proof. I also have found an old copy of a Brazilian document where his dad did sign his release to go with his mom to the US so I do feel confident sending in this evidence.

And yes, if we lose, not all is lost (except 600 bones) as he can still apply for citezenship as an adult or joint the service which is something he wants to do anyway.

Thank you for your kind comments and help.

[isleta521 5]

I am astonished that the issued the K2 without that note. Are you sure there is not a copy of that note in the file?

You might have a chance with making an infopass appointment and explain what happened and that you had a note that the Brazilian customs took.

Hopefully that will be enough.

Wishing you luck.

Sib

Agree but All USCIS ever wanted was proof via certified translated birth certificates and originals that he was in fact her son. I thought about an infopass but a lawyer friend that deals with USCIS thought it wouldn't really help much and it would be better to send affidavits from our son's teachers that they have worked with my wife as custodial guardian of her son.

We did find a copy of an old document stating that my wife's son can leave Brazil with his mother signed by his dad and stamped but we need to get it translated . I am hoping this will work along with tons of other information that should establish proof of custody including the affidavit of support I-864. I will also send a cover letter explaining why we do not have a court order awarding my wife as legal guardian.

Getting ready to send everything in with crossed fingers. I am hoping that USCIS has some common sense but that doesn't always pan out. Thank you for your help and best wishes. I will advise the outcome . . .

Edited November 18, 2012 by isleta521

[isleta521 5]

OK finally, this has been resolved and USCIS does have common sense this time around! My wife's son did in fact get approval for his citizenship. What I tried to do was establish proof of custody. What I had done was have two of his former school teachers provide an affidavit stating that they did work with his mom in a capacity of her being the sole custodian of her son here in the states when he was a minor. We also sent a letter explaining that his dad was never in his or his mom's life and there was never a need to go to court as his mom provided everything for her son. He will now have his ceremony in mid June!

[NickD 202]

Weird the USCIS is making an issue of this now, why not during the AOS stage? You had to file for your stepson just like I did for my stepdaughter with the same pile of forms and expense that I paid for my wife. I was a bit more insistant that she got her ex to give his permission for his daughter to come here in front of a judge. But my gosh, your wife is not even married to this biological father. And his is name on your stepson's birth certificate.

Then you also mentioned your wife was naturalized when your stepson was under 18, his he over 18 now? If he is, that custody is no longer an issue, by US laws, your stepson is an adult now.

Due to long delays in our AOS application, my stepdaughter barely turned 18 when her mom was naturalized. No amount of arguement with the USCIS would change that. And any other sort of proof, I or you supported that child doesn't make any difference. If they accepted that note from his worthless dad to let him come here, they should acceipt that again, and that note should be in his file. Could try an infopass appointment to sort that out, but with a smile and a calm cool voice. They did issue him a conditional green card and a ten year card.

If all else fails, could wait the full five years, can tell you when my stepdaughter applied for US citizenship, how she came here wasn't even an issue during her interview. But proof of a four year old 50 buck traffic fine being paid was.

But if you still have that note, send them a copy of it and save that original like its gold. And only that, don't get emtional with all kinds of explanation. Could apply for a US passport for your stepson, actually he can apply for it himself if over 18, but will still need all of that document, proof he is his mother's son, birth certificate and all that. But they will want all original stuff, and you better hope they don't lose it in the process.

Best way is to buy him a plane ticket and make an appointment at one of their service centers so you can hand carry all that proof.

[isleta521 5]

Yeah, he was under 18 when his mom naturalized and also when we filed for his N-600 so he barely made it in. Yeah, you would think they would know by now but the fact that they wanted to see some sort of official court order that Val, my wife was his legal and physical custodial guardian was not possible as things in Brazil are not always black and white as it is here. In other countries, it is in shades of gray so I guess our lettere persuaded this along with the affidavits we sent.

Anyway, I am just glad it is over and he can move on with his citizenship now. If he wants a passport, hell yes, he can apply for it and pay for it himself although he has no desire to go back. He is a big boy now as he is over 18. And I am done with USCIS fore ever and ever! Thanks and good luck with your step daughter Nickd.

[NickD 202]

Congratulations to you and to your stepson, and sure it will make a big difference to him with that piece of paper. Kids need that feeling to belong and not like outsiders in this country. Certificate really helps in this matter, and a lot cheaper than therapy.