Minor child and US passport question (split)

[randy and ana 1]

follow up question

im having trouble filing my kids passport since the National Passport asking for legal custody for my children i dont have that when we came here 2010

its not indicated on my annulment that i got the custody. we went to municipals office to get a custody at the family facilitator but i refused to get it because i need to let my ex husband to sign on the form which is i do not know his whereabout and if i knew i am not interested to see him nor communicate with him since he left us nothing.Pls help me guiding to get the legal custody this is what i really needed.

the national passport called last night and she said if i want i can get a legal custody in the Philippines but it cost lot of money to this process.

hope i can get a reply right away regarding this

Thanks

[apple21 953]

follow up question

im having trouble filing my kids passport since the National Passport asking for legal custody for my children i dont have that when we came here 2010

its not indicated on my annulment that i got the custody. we went to municipals office to get a custody at the family facilitator but i refused to get it because i need to let my ex husband to sign on the form which is i do not know his whereabout and if i knew i am not interested to see him nor communicate with him since he left us nothing.Pls help me guiding to get the legal custody this is what i really needed.

the national passport called last night and she said if i want i can get a legal custody in the Philippines but it cost lot of money to this process.

hope i can get a reply right away regarding this

Thanks

Sorry, I don't know the answer to your question.

[JimmyHou 610]

follow up question

im having trouble filing my kids passport since the National Passport asking for legal custody for my children i dont have that when we came here 2010

its not indicated on my annulment that i got the custody. we went to municipals office to get a custody at the family facilitator but i refused to get it because i need to let my ex husband to sign on the form which is i do not know his whereabout and if i knew i am not interested to see him nor communicate with him since he left us nothing.Pls help me guiding to get the legal custody this is what i really needed.

the national passport called last night and she said if i want i can get a legal custody in the Philippines but it cost lot of money to this process.

hope i can get a reply right away regarding this

Thanks

Note that you only need this if the child is under 16.

This is not an immigration issue, it is a family law issue... you will need to sort out custody before you can apply for a passport.

4. Parental Consent

Minors under age 16 cannot apply for a passport by themselves.

"Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:

U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent

Court order granting sole legal custody to the applying parent (unless child’s travel is restricted by that order)

Court order specifically permitting applying parent’s travel with the child

Judicial declaration of incompetence of the non-applying parent

Death certificate of the non-applying parent"

Since you are unable or unwilling to get the father's consent, you will have to demonstrate that you are the sole guardian... without the father's consent, you will need to get a Judicial Decleration of Incompetence of the father... I don't know the process in your state, but you will have to demonstrate that the father has been unsupportive and unresponsive... if you convince a judge, then he will grant you sole custody... it may not be easy to do that unless you are willing to try contacting the father first... if you cannot, then a judge can grant your request... I don't know how long it takes, but it sounds like it could be a lengthy process.

The only other thing I can recommend is that you speak with a family lawyer (not an immigration lawyer)... the fact that you got an annulment and not a divorce may make a difference.

I hope this helps.

[randy and ana 1]

my children are below 16 they came here as k2 derivative of k1 and im married to a US citizen when we arrived last 2010 i did not expect that im gonna have trouble filing their passport. do i really need to undergo to this process it looks its very complicated to me and i am pregnant right now i do not know if i can go on this process is there any way i can get a legal custody for my children other than what you mention.

thanks

[JimmyHou 610]

my children are below 16 they came here as k2 derivative of k1 and im married to a US citizen when we arrived last 2010 i did not expect that im gonna have trouble filing their passport. do i really need to undergo to this process it looks its very complicated to me and i am pregnant right now i do not know if i can go on this process is there any way i can get a legal custody for my children other than what you mention.

thanks

The biological father of the children has legal rights under US law... to remove these rights (including his right to approve his children's travel) is complicated. While the law may seem unfair in your situation, it is in place to protect against one parent taking the children and leaving the country without the other parent's knowledge... this is known as parental kidnapping. It looks like you're in an unfortunate situation, but you shouldn't have too much trouble demonstrating that you should be awarded sole custody.

Now there's something else that I missed... is the father not in the US? In that case, maybe you can contact your embassy or see if you can get a court order from back home.

You should be very careful, because even if the children are issued passports now, you can be stopped at a US airport at any time you are trying to fly internationally. If you cannot show a letter of consent from the father or proof of custody, the children will not be allowed to leave the country, even with US passports. It is not very common that they ask for this at airports, but it is perfectly legal for them to do so. See this CBP link: https://help.cbp.gov/app/answers/detail/a_id/268/~/children---child-traveling-with-one-parent-or-someone-who-is-not-a-parent-or

Edited January 8, 2015 by JimmyHou

[randy and ana 1]

u r right thats the one im worried about but on the other hand he might use my children for his own interest incase it happens but anyways,thanks for y.our help

[apple21 953]

u r right thats the one im worried about but on the other hand he might use my children for his own interest incase it happens but anyways,thanks for y.our help

You're not going to get them US passports anymore?

Please keep this thread posted in case you're successful in their passport application so we can also help others who are in the same situation.

Good luck po.

[Ontarkie 13,904]

my children are below 16 they came here as k2 derivative of k1 and im married to a US citizen when we arrived last 2010 i did not expect that im gonna have trouble filing their passport. do i really need to undergo to this process it looks its very complicated to me and i am pregnant right now i do not know if i can go on this process is there any way i can get a legal custody for my children other than what you mention.

thanks

follow up question

im having trouble filing my kids passport since the National Passport asking for legal custody for my children i dont have that when we came here 2010

its not indicated on my annulment that i got the custody. we went to municipals office to get a custody at the family facilitator but i refused to get it because i need to let my ex husband to sign on the form which is i do not know his whereabout and if i knew i am not interested to see him nor communicate with him since he left us nothing.Pls help me guiding to get the legal custody this is what i really needed.

the national passport called last night and she said if i want i can get a legal custody in the Philippines but it cost lot of money to this process.

hope i can get a reply right away regarding this

Thanks

I got my son, was 15 at the time his US passport without his father. I have sole custody but since the father has visitation they still wanted him to sign.

They have a waiver you need to fill out if you are applying without the other parent.

They wanted a detailed reason why you can't get him to sign.

I listed his last known address, how I was not able to find find, how he didn't have contact with the kids long before we even moved to the US. How when I did talk to friends and family they tell me they don't know where he is or they just didn't want to tell me. I mentions I looked for him on facebook, through the phone company and was not sure if he was even still in the same town. And a bunch of stuff like that.

What papers allowed you to immigrate with the kids to the US? You would of been required something unless you already had sole custody.

Edited January 8, 2015 by Ontarkie

[Ontarkie 13,904]

~~Thread split and Moved to Passports, ect from USC Discussion.~~

[MrsChinita 1]

follow up question

im having trouble filing my kids passport since the National Passport asking for legal custody for my children i dont have that when we came here 2010

its not indicated on my annulment that i got the custody. we went to municipals office to get a custody at the family facilitator but i refused to get it because i need to let my ex husband to sign on the form which is i do not know his whereabout and if i knew i am not interested to see him nor communicate with him since he left us nothing.Pls help me guiding to get the legal custody this is what i really needed.

the national passport called last night and she said if i want i can get a legal custody in the Philippines but it cost lot of money to this process.

hope i can get a reply right away regarding this

Thanks

I am on the same boat as you are.

But will it be possible to just get the children Certificate of Naturalization and passports without dealing with the biological father? You see in my case, I know where my ex lives. I just don't want to deal with him. I'm a little scared that he might turn down the consent form and not give the kids the right to get US Passports.

Anyone can help us on this case? Get the kids Certificate of Naturalization to get passport? Is it a possibility?

Thanks in advance!

[Mrs. Neris 81]

my children are below 16 they came here as k2 derivative of k1 and im married to a US citizen when we arrived last 2010 i did not expect that im gonna have trouble filing their passport. do i really need to undergo to this process it looks its very complicated to me and i am pregnant right now i do not know if i can go on this process is there any way i can get a legal custody for my children other than what you mention.

thanks

Hi i was curious to know how Your kids can get a us passport? Are you us citizen? Or you claim the citizenship from Your husband? Edited January 30, 2015 by jenifferrecio426