Excessive documentation requested for US passport

[Eric-Pris 1,602]

Hi all,

I have a few questions that maybe some of you have advice on.

My wife (former k1) became naturalized US citizen in 2013. Within a few months, she applied to bring her teenage son and daughter to the US. We either didn't know that she already was or got pregnant shortly after she applied for her daughter's visa, I don't remember which, but she gave birth right before her visa was approved. So 2 years ago, the son and daughter (without baby) came to the US (on IR-2 visas). Upon being admitted to the US, they gained citizenship through their mother and we got them US passport within a couple of months, with no issues that I remember. We never applied for Certificate of Citizenship, and that wasn't never an issue. Once she had her US passport, my 16 year old step daughter applied for her baby's visa.

In January 2016, my step-daughter went to the interview and brough back her baby to the US (on same IR-2 visa). When she was admitted to the US as an immigrant, she technically became a US citizen, just like her mother did. So here's where the problem starts. My step-daughter applied for her baby's passport in March 2016. She didn'hear for about 2 months and then RFE #1 came. They requested the baby's father's signature, even though she included DS-5525 form which explains that the baby's father took off when she became pregnant and hasn't had contact with him. So she resent the form. And they asked for emancipation papers since the mother is underage. But by then, she had turned 18 so she said so. After another 6-8 weeks, RFE #2 arrived. This time they didn't ask about her being a minor. They did ask for new passport photo, and early public records or medical records showing both their name, or DNA test, if that's not avaiable. So she sent the new photo, and the birtb records she had. Forward a month later, RFE #3 arrived. Now, they asked about her being a minor again (I thought she had answered that their satisfaction since they didn't ask about it in RFE #2), and now they want paperwork showing that my step-daughter has legal custody of her daughter, paperwork that doesn't exist since they never married and he just took off and left her with the baby. The letter did say that she could include a Certificate of Citizenship, presuming that they would be in place of the custody paperwork. But she doens't have $600 and it would be on my wife's back and there's no guarantee that it would be all they ask for.

We are starting to get angry at the idiocy that exists at the Passport Agency. She went through all the checks by the State Dept for the visa why are they being more invasive. Seems excessive and starting to get expensive. $33/page for each document translated and $6 for each time mailing back documents.

I contact our Congresswoman's office for help in dealing with this agency. They spoke to them twice now, but all they do is relay back what was in the RFE letter. They haven't really helped at all.

Any advise.

Thanks.

BTW- can the baby travel with her current Costa Rican passport (with I-551 stamp valid until Jan 2017)? We never paid the $165 green card fee for any of the kids or baby, so there is no green card. Technically, I believe that she's a US citizen, correct? Or is she only "eligible" for citizenship but technically a green card? So can she travel on a green card?

[Eric-Pris 1,602]

Actually, I missed one RFE. So there were 4 total. The first RFE was actually for the original passport, because the post office clerk that took her application didn't send the passport (he just took photocopies).

So the passport agency has the baby's passport, so looks like traveling in December is out of the question. This is ridiculous.

Edited November 6, 2016 by Eric-Pris

[Penguin_ie 5,986]

Yes baby can travel, as long as you return by the date on the I-551.

Have you tried an infopass to discuss the case? It may be easier in person at the USCIS office.

[kmula 7]

It is very tedious to get a passport for a minor. I'm actually still waiting to hear on my daughter's passport application that I sent over 2 months ago.

We also received an RFE stating we needed to send 3 documents: 1) Green card (was not included with application - oops), 2) Custody agreement, 3) my marriage certificate. Or we could send the Certificate of Citizenship.

I called the Passport Office which is an "Informational Office only" so I requested to speak with a supervisor. When I spoke to the supervisor I requested to speak directly with the Agency (since there was nothing they could do).

I received a call the same day from the DOS, the person working on my daughter's case and he instructed me to send my marriage cert and the green card. I asked him about the custody agreement and he said "No, she's 16 we don't need that - but do send a notarized statement saying you were never married to her biological father".

I sent what he requested almost 2 weeks ago with a letter saying "Per Our conversation on such date ... "

I'll give them another week and if I don't hear I'll be calling them again.

I hope this helps.

[Snadiya13 0]

kmula, can I ask you a question - in Birth Certificate of your daughter - did you put her father name? I am asking this, because I am in process to make US citizenship for my 4 year old son. On his birth certificate - No any names of father. Should I get him any  custody agreement for him also?

[kmula 7]

1 hour ago, Snadiya13 said:

kmula, can I ask you a question - in Birth Certificate of your daughter - did you put her father name? I am asking this, because I am in process to make US citizenship for my 4 year old son. On his birth certificate - No any names of father. Should I get him any  custody agreement for him also?

 

Hi Snadiya - in my country if the father agrees, his name will be listed on the birth certificate. That's the reason they needed a notarized statement from me saying I was never married to him.

 

You might need to send a notarized statement explaining the reason there's no father name on the birth certificate.

 

Good luck!

[Eric-Pris 1,602]

On ‎11‎/‎15‎/‎2016 at 3:09 PM, kmula said:

I called the Passport Office which is an "Informational Office only" so I requested to speak with a supervisor. When I spoke to the supervisor I requested to speak directly with the Agency (since there was nothing they could do).

I received a call the same day from the DOS, the person working on my daughter's case and he instructed me to send my marriage cert and the green card. I asked him about the custody agreement and he said "No, she's 16 we don't need that - but do send a notarized statement saying you were never married to her biological father".

My daughter did this and spoke to an official late in 2016 and he still insisted that they need legal proof of custody.  It must depend on the official whose working on the case.

[Eric-Pris 1,602]

To recap this saga... my 18 year old (USC through my wife) stepdaughter brought her daughter to the US in January 2016.  And ever since February or March (don't remember exactly), the US passport office has had the paperwork.  Her 1 year greencard stamp in her passport expired in late January.  She never paid the GC fee because there was no need for a GC since the baby effectively became a US citizen upon admittance into the US on a resident visa.  (My wife and I diidn't pay the GC fee for any of her kids either and they all got US passports relatively quickly).  But the passport office kept requesting all kinds of documents (most of which didn't exist-cuztody order, court documents).  So in late February, my daughter wrote a letter asking that if they are not ready to issue the passport immediately, to cancel the application and return all her documents and old passport.  She needed the passport to get the Alien Registration Number to pay for a greencard.  And we didn't hear from them for a month.

 

Then this past week, the strangest thing happened.  I received an email from Passport office saying that the passport application processing is completed.  We thought that they are just returning all her documents or whatever, but low and behold the kid's US passport arrived.  I still don't know how because she never sent a custody order, court documents, or any of the things they askied for in the last RFE. 

 

So it's finally.  Thanks to everybody for their help and advice.

[kmula 7]

On 4/2/2017 at 5:54 PM, Eric-Pris said:

To recap this saga... my 18 year old (USC through my wife) stepdaughter brought her daughter to the US in January 2016.  And ever since February or March (don't remember exactly), the US passport office has had the paperwork.  Her 1 year greencard stamp in her passport expired in late January.  She never paid the GC fee because there was no need for a GC since the baby effectively became a US citizen upon admittance into the US on a resident visa.  (My wife and I diidn't pay the GC fee for any of her kids either and they all got US passports relatively quickly).  But the passport office kept requesting all kinds of documents (most of which didn't exist-cuztody order, court documents).  So in late February, my daughter wrote a letter asking that if they are not ready to issue the passport immediately, to cancel the application and return all her documents and old passport.  She needed the passport to get the Alien Registration Number to pay for a greencard.  And we didn't hear from them for a month.

 

Then this past week, the strangest thing happened.  I received an email from Passport office saying that the passport application processing is completed.  We thought that they are just returning all her documents or whatever, but low and behold the kid's US passport arrived.  I still don't know how because she never sent a custody order, court documents, or any of the things they askied for in the last RFE. 

 

So it's finally.  Thanks to everybody for their help and advice.

Congrats!