US Passport with IR-2 visa

[Roberto M 0]

Hello,

I’m a naturalized US citizen (married to a US citizen)

my wife sponsored my son that I had with my previous girlfriend in Italy for bring him here in the US.

All the documents are already at the consulate in Naples Italy. We are now waiting for the medical /interview appointments

Questions..

1- with the coronavirus issue my wife and/or me can’t fly to Italy for take my son to the medical and the interview appointments, can my brother or a friend of mine take my son to the appointments? If yes do I need any authorization?

2- after my son will get his visa and get here in the US can we apply for the US passport for my son? Does he need to wait for the green card or we can apply straight with the visa on the passport?

3- proof of custody needed for the the US passport application for my son.

I wasn’t married and I don’t have any court order or anything else as proof of custody, what I need to do?

thanks!!!

Edited June 13, 2020 by Roberto M
Mistakes

[payxibka 10,044]

2 minutes ago, Roberto M said:

Hello,

I’m naturalized US citizen (married to a US citizen)

my wife sponsored my son that I had with my previous girlfriend in Italy for bring him here in the US.

All the documents are already at the consulate in Naples Italy. We are now waiting for the medical /interview appointment .

Questions..

1- with the coronavirus issue my wife and/or me can’t fly to Italy for take my don’t to the medical and the interview appointment, can my brother or a friend take my son to the appointments? If yes do I need any authorization?

2- after my son will get his visa and get here in the US can we apply for the US passport for my son? Does he need to wait for the green card or we can apply straight with the visa on the passport?

3- proof of custody needed for the the US passport application for my son.

I wasn’t married and I don’t have any court order or anything else as proof of custody, what I need to do?

thnaks!!!

No interviews currently.   The covid situation will likely be much calmer before routine Visa services resume.  You will likely have the ability to travel when that time comes. 

[Lucky2Lucky 2,526]

Who is your sons guardian? That person should take him to the interview. Is your sons mother deceased? It doesn’t matter you weren’t married- I am assuming there is a live mother in this situation.. she needs to give permission (but this should have been completed prior to submitting the petition?)

[Roberto M 0]

19 minutes ago, Luckycuds said:

Who is your sons guardian? That person should take him to the interview. Is your sons mother deceased? It doesn’t matter you weren’t married- I am assuming there is a live mother in this situation.. she needs to give permission (but this should have been completed prior to submitting the petition?)

My wife sponsored him and there is nothing in writing between me and my son’s mom for the custody.

She is alive, is there any form for the custody that she could sign?

[Crazy Cat 39,630]

1 hour ago, Roberto M said:

My wife sponsored him and there is nothing in writing between me and my son’s mom for the custody.

She is alive, is there any form for the custody that she could sign?

A court order would be the best solution.

Edited June 13, 2020 by Lucky Cat

[SusieQQQ 11,585]

There is a thread going in the US passport section about the difficulty single /divorced parents are having getting a passport without clear custody documentation so yes, you need it for the passport. They are clearly more stringent for this requirement (for purposes of proving citizenship has been acquired under INA320) than they are for issuing visas.

 

See 

 

 

Edited June 13, 2020 by SusieQQQ

[Lenchick 133]

3 hours ago, Roberto M said:

Hello,

I’m a naturalized US citizen (married to a US citizen)

my wife sponsored my son that I had with my previous girlfriend in Italy for bring him here in the US.

All the documents are already at the consulate in Naples Italy. We are now waiting for the medical /interview appointments

Questions..

1- with the coronavirus issue my wife and/or me can’t fly to Italy for take my son to the medical and the interview appointments, can my brother or a friend of mine take my son to the appointments? If yes do I need any authorization?

2- after my son will get his visa and get here in the US can we apply for the US passport for my son? Does he need to wait for the green card or we can apply straight with the visa on the passport?

3- proof of custody needed for the the US passport application for my son.

I wasn’t married and I don’t have any court order or anything else as proof of custody, what I need to do?

thanks!!!

will his mother allow him to immigrate to the states? Usually embassy requires custody document as well before issuing visa. If it doesn't exist,  in some countries people go to notary and do Parental Consent, like in the quoted thread below a woman from Mexico did, she presented alternative document called Change of Residence, where another biological parent gave permission to move to the states. You can present that document. Also, he is supposed to be under 18?  

Edited June 13, 2020 by Lenchick

[Roberto M 0]

14 minutes ago, Lenchick said:

will his mother allow him to immigrate to the states? Usually embassy requires custody document as well before issuing visa. If it doesn't exist,  in some countries people go to notary and do Parental Consent, like in the quoted thread below a woman from Mexico did, she presented alternative document called Change of Residence, where another biological parent gave permission to move to the states. You can present that document. Also, he is supposed to be under 18?  

Can you send me the link of the quoted tread, I can’t see it and thanks!!

[Lenchick 133]

7 minutes ago, Roberto M said:

Can you send me the link of the quoted tread, I can’t see it and thanks!!

Check Keny answers. They presented Change of Residence  document which states that the other parent allowed child to immigrate. As I already said other people present a document called  Parental Consent which basically the same permission to immigrate. When I filed for my child immigrant visa and now for Certificate of Citizenship (the same requirements as for passport), I attached the Parental Consent. 

Edited June 13, 2020 by Lenchick

[Roberto M 0]

Thank you!!

[JFH 12,189]

How did you get through the NVC in 10 days? 

[little immigrant 800]

I have no advice to add but I just wanted to say I'm in a very similar situation. I'm sponsoring my stepson who lives with his mother. She will be giving permission for the son to move here. He's 14 years old. We are also waiting for an interview and we plan on going there when the time comes to accompany him for the medical and interview at the embassy. 

 

The only way we differ is that my husband isn't a citizen (yet). 

[Roberto M 0]

Thank you to all of you

[Roberto M 0]

On 6/13/2020 at 6:39 AM, Lucky Cat said:

A court order would be the best solution.

I don’t have a court order unfortunately and I’m in the US while my son’s and his  mom are in Italy.

Any other suggestions or letter samples?

thanks!!

[NikLR 13,220]

A notarized letter stating his mother's full name, dob, and address which is giving permission for her son to live in the usa with his father, your name, dob, address, signed in front of a notary (who checks ID.)  Or she can go to a lawyer or court and get an official court document. Not sure what this would be in Italy but Im sure you could call a family lawyer there and see. 

She should be the one taking the child to the medical if you cannot. Not your brother or friend. However no interviews will be in place for some time.  I do suggest you are present, if possible, for his interview.