National Passport Center giving us a hard time with step-daughters' passports

[Eric-Pris 1,602]

My wife recently naturalized. Shortly thereafter we applied for and received her passport. No issues.

Soon after my wife got hers, we applied for my step-daughter's passports.

We went to the Post Office and with all the documents they require and they accepted the applications.

My wife had both of my step-daughter's with the same deadbeat. The older one has his name on the BC but the younger one does not. My wife realized what a loser he was and kept his name off the BC; he didn't even care. They were never married so there is no custody agreement or court order.

So when we applied, we included the following:

1. Original foreign birth certificate (shows mother and daughter's name) and certified translation

2. Copy of green card

3, Copy of my wife's certificate of citizenship

4. Copy of my wife's state ID

5. Form DS-3053 (statement of consent or special circumstances)--for the older daughter explaining why the deadbeat cannot be present or why his consent cannot be obtained--the deadbeat wants nothing to do with them and we don't know, nor care, where he is at the moment.

It has been about 4 weeks since we applied, and today we received a letter from NPC for each.

They are asking for

1. Their greencards (the postal clerk should have taken the greencards)--duh

2. Early public records issued at or near the time of birth showing mother's and daughter's names or DNA testing results conducted by an AABB testing facility

And for the older one:

3. Evidence of legal separation of your parents or evidence that shows you were in the sole legal and physical custody of your US citizen parent pursuant to lawful admission for permanent residence, such as a custody decree or divorce decree

4. A court order specifically permitting the applying parent to apply for the child's passport or Form 3053--WHICH WE INCLUDED FULLY COMPLETED AND SIGNED

We can send in the greencards, no issue there.

But early public records??? We don't have anything like that. And I'm not paying a grand for DNA testing this is ridiculous.

For the older one, they also want legal papers regarding custody. There are no custody or court papers. It's the typical situation where the deadbeat leaves the woman with kids because he's a loser. We can't produce a document that doesn't exist.

Have any of you heard about something like this being requested for a passport application?

Another question... can my daughters re-enter the US with their Costa Rican passports after our vacation in mid-August, in case we don't get their US passports by then? (They were included on my wife Naturalization applications, so when she naturalized does that make them citizens? If so, can a US citizen enter the US without a US passport?)

Any ideas/suggestions?

T.I.A.

Edited June 27, 2013 by Eric-Pris

[Markieboy 104]

I have a similar situation with my stepdaughter.

My wife was naturalized last month. My stepdaughter, being a minor, automatically naturalized under Section 320 of Child Citizenship Act of 2000. We wanted my wife and stepdaughter to have their U.S. passports. We didn't apply at the post office. Rather, we applied at the Seattle Passport Office.

The agent questioned my stepdaughter's basis to citizenship. I informed the agent that she derived citizenship from her mother, who is a naturalized U.S. citizen. Fine. No problem. However, my SD's birth certificate was registered more than one year after she was born. There is where the problems start. The agent asked for any evidence which pre-dated her delayed birth certificate. These documents consisted of baptism records, hospital records, medical records, or school records. My wife did not have any of these. My SD was born at home, under the care of a midwife.

The agent then said that we could have a maternal DNA test performed, to prove that she is (in fact) my wife's daughter. I explained to the agent that my SD is already a U.S. citizen. However, the agent stated that she needed to prove her eligibility. And no, I'm not paying $500 for a DNA test.

We then decided that applying for her N-600, Certificate of Citizenship, was the "best" option. It's $600. A little more expensive than a DNA test. Hopefully, this certificate will not be questioned. I have contacted my state representatives to assist in this matter, as well. What an ordeal!

[Eric-Pris 1,602]

Thanks for sharing.

I have thought about doing that but from the letter it seems like they aren't questioning her citizenship status, but rather they want proof that she is in fact my wife's biological daughter. I'm not sure if a citizenship certificate will accomplish that.

Getting a certificate is completely unnecessary and a complete waste of money. I have 2, so I'm not going to shell out $1200 when I don't need to.

This who process is so ridiculous. Their identity has already been established for the K-2 and for the greencard. And now they are questioning it? #######!

Edited June 27, 2013 by Eric-Pris

[Ontarkie 13,925]

How old is the oldest one?

I have no idea what early public records could be. Do you think it could be something like immunization records, baptism records, school records?

You may need to call them.

For traveling on green cards when they are USC's that is tricky. I was told no by the US Border patrol, but another member here was told yes, by the passport agency. I don't think she ever updated saying whether he son had any trouble getting back into the US. He was going to the UK.

Here's the link to that thread http://www.visajourney.com/forums/topic/434591-passport-for-a-child-of-naturalized-mother/page-2#entry6328953 And a new update with her son not having any problems using his green card.

Edited June 27, 2013 by Ontarkie

[Markieboy 104]

Thanks for sharing.

I have thought about doing that but from the letter it seems like they aren't questioning her citizenship status, but rather they want proof that she is in fact my wife's biological daughter. I'm not sure if a citizenship certificate will accomplish that.

Getting a certificate is completely unnecessary and a complete waste of money. I have 2, so I'm not going to shell out $1200 when I don't need to.

This who process is so ridiculous. Their identity has already been established for the K-2 and for the greencard. And now they are questioning it? #######!

I agree that the whole process is ridiculous!

My SD's identity has already been established during the immigrant visa interview (IR-2) and when she received her permanent resident card. I understand your frustration as to why only now they are questioning her biologic relationship. However, the fine print in the passport application does say "you must establish your citizenship to the satisfaction of the acceptance agent and Passport Services." As subjective and vague as this may be, it really is up to the agent. If they can question if the child is really the USC's biologic child, they most certainly can ask for more evidence. And if you're unable to provide documentary evidence (like I am), your options will be more limited.

We chose to apply for my SD's certificate of citizenship. In our case, we don't see it as completely unnecessary. Once she receives this certificate, this will prove that she is a U.S. citizen. She can apply for her own U.S. passport...and NOT claim derivative citizenship through her mother. She will have her own Certificate of Citizenship. We chose to do this, as a DNA test is almost as much as an N-600 application.

Hope someone else can give you a more definitive answer and/or better approach to your dilemma. Good luck!

[Eric-Pris 1,602]

How long does a certificate take?

I don't we have time, we are traveling Aug 14th.

[Ontarkie 13,925]

You won't have time to get a certificate, before your trip.

[TBoneTX 43,285]

Given the urgency, try calling your U.S. Senators' (plural) offices.

[Markieboy 104]

N-600 processing times vary by local office.

We also had summer travel plans. But had to cancel or postpone them until this ordeal is straightened out.

Her N-600 application was received the 1st week of June. We contacted USCIS, state representative and state senators to assist with expedited processing. Unfortunately, impending international travel does not meet any expedite criteria. However, we received a status update on her case last week. Apparently, her case was transferred to our local USCIS office. Hopefully, we'll hear something soon.

I have heard others say that they can use their foreign passports with their green cards for travel. However, being that they are already U.S. citizens, they are required to enter and exit the U.S. with U.S. passports. I'm not really sure how that will work in your case. IMHO, I would postpose travel...which is what I have done. I'm already experiencing stress from passport agency. I don't want any more from U.S. Immigration.

Please do contact your state representatives for further assistance.

[Autumnal 25]

This situation is utterly ludicrous. Do the passport agents not take into account that not every relationship fits a standard, and Mom may not have Dad on the birth certificate or the like? I'm so sorry you've had this much of a headache.

Would going back for a different passport agent help? I've never tried, so I don't know.

Can you apply to your Senators for help? Their sway is likely to be very useful.

[Eric-Pris 1,602]

My wife has sole custody (the douschebag biological father left and his name is not on the BC), as a step-father, do I have the legal right to speak about my step daughter's application?

[TBoneTX 43,285]

*** Older thread moved from main U.S. Citizenship forum to the new "Passports, etc." subforum. ***

[Roselinda 5]

It is an absolute awful process. When I applied for a Greencard for my son, I had no problem. All I had at the time was a document from London showing that legally, my son's father has no parental rights, as we were never married at the time.

It's amazing that they are happy to give children 10 year greencards, but give you such a hard time trying to obtain a US passport.

My son did leave the country on his GC and was able to re-enter. However, the IO did say that he would need a passport for any further travel.

I had all the same issues as most of you, but I got extremely lucky with the issuing officer at the passport office. I was told that they had sent another letter out, after I had sent the GC and so on in as requested. This officer told me he doesn't understand why they are asking for Custodial stuff regarding his natural father, when they are aware that custody is different all over the world. He told me to ignore the letter, and that he would be issuing the passport that day. He kept to his word and we got it. Yay! Unfortunately there are many jobsworths at the passport issuing office, they try to make the process so much harder when it is not necessary. All they have to do is look at the applications country by country and see the rules which apply to custody of young children.

I hope, if not already rectified, that you all get your passports sorted out.

I'm glad to be done with all of the them now.

[apple21 953]

@Eric-Pris and @markieboy

Any updates on your passport applications? Thanks