Question about proof of custody for Child's application

K

kanwarjag

Registered Users (C)
I applied for my daughter certificate of citizenship as my dependent after I became Citizen, I know that even though she don’t need to apply for naturalization certificate, but I applied for the same. I have been divorced several years back and has decree, which is showing that she is living with me. I have received a letter suggesting to come for interview with child and bring GC etc and proof of termination of marriage with custody proof. I have already submitted divorce decree which states that child is living with me. Since it happened back in India it is very difficult to go back and get such certificate again. I am not sure what kind of language they are looking at for custody letter? From which agency they will accept such custody letter? What should be my best option? My daughter has been living with me from last 10 yrs.
Any suggestion please?
 
Does your divorce decree state that you have the sole custody of your daughter? If it does, then that is sufficient.

Have you obtained a US passport for your daughter?
 
Yes I have the US passport. The decree exactly state that child was borne ...... this date and is currently living with me since... as a single parent. Yes It does not use "custody" word. I talked with lawyers in India they say that is the right term.
 
Last edited by a moderator:
If it is indicated on your divorce decree that your daughter is under your custody, the you do not need any other proof for it. Is the divorce decree in English or an Indian language? If at all it is in a Indian language, you need to submit a English translation of it translated by a competent person who is authorized to do so.
 
It is in English.The only problem I am seeing is decree dont use the term 'Custody'. However the language says She is living with me and I am a single parent. As I mentioned in my previous post I checked with three or four lawyers they are saying in there system this is the right language. BTW someone faced this kind of situation and than how one can get such custody certificate seprately in India from whom?
 
The divorce decree probably will be good enough to establish legal custody. You got the US passport for her, so the Department of State is satisfied with the custody issue, and if you got her green card after the divorce, that's an additional indicator that they're satisfied that you have legal custody. Full custody isn't required under the Child Citizenship Act.

But make sure to bring evidence that she's been physically living with you after your naturalization, such as school records showing the same address as yours.

If it turns out your divorce decree and other evidence isn't good enough, cross that bridge when you get there.
 
Thanks for a detailed reply Jackolantern. I believe your observation appear to be correct. Let me further add some more details. It is not exactly a REF, I read it more carefully, it is just an interview letter for my daughter in this letter an in attached sheet has marked few points, it is requesting 1. My original naturalization certificate. 2. Divorce decree for termination of parents’ marriage (which I have submitted) along with proof of custody . 3. School records since I have attained my naturalization. They are just providing one month to appear with these documents. I believe in RFE they give 3 months. Now my questions here are:
1. I believe from school records mean transcripts as well as state level test details. Some of her previous school records (transcripts) have her name etc but no address? Are there any other school documents which I may be looking for transcripts only?
2. The letter is addressed to her and keep on saying your parents certificate or your father’s document. Should she alone be going to interview or I will accompany her? If that is the case I am not sure if she can explain all the documents or will have sequence of documents for officer? How it works? Anyone has such experience.
3. In addition to school record should I look for medical record like I might find estimate of expenditure from insurance after each visit to doctor’s office.
4. Is there set language about divorce decree and custody in USA can someone point me to that. I checked with lawyers as well as court office form where divorce decree was issued they say this is there set language and I cannot get any thing else.
 
“Legal custody vests by virtue of "either a natural right or a court decree". See Matter of Harris, 15 I&N Dec. 39, 41 (BIA 1970). The applicant's parents' divorce document does not address the issue of the applicant's custody. In the absence of a judicial determination or grant of custody in a case of a legal separation of the naturalized parent, the parent having actual, uncontested custody of the child is to be regarded as having "legal custody." See Matter of M, 3 I&N Dec. 850,856 (BIA 1950). The record indicates that the applicant immigrated to the United States to reside with her father. The Board of Immigration Appeals (Board) has held that "nless there is evidence to show that the father of a legitimated child has been deprived of his natural right to custody, he will be presumed to share custody with the mother." Matter of Rivers, 17 I&N Dec. 419, 422-23 (BIA 1980) (stating the presumption "that the father has not been divested of his natural right to equal custody in the absence of affirmative evidence indicating otherwise."). Here, there is no evidence that the applicant's father was deprived of his custody of the applicant after she immigrated to the United States. The AAO therefore finds that the applicant's father had actual, uncontested custody of the applicant following the applicant's parents' divorce. The applicant therefore has fulfilled the conditions for derivative citizenship required in former section 321 (a)(3) of the Act.”

See: http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2010/Aug312010_02E2309.pdf
 
It could be about the child support. If he gets custody or shared custody he would have to pay less/no child support.
 
Thanks BigJoe5 for a very useful information. I read the case and the rules couple of times. I understand the bottom line of the case is that if the custody issue is not touched in the divorce decree but the child is less than 18 years and is living with either parent who is filing for child’s citizenship certificate, it should be possible to get the certificate. In other words it is basically an explanation of Jackolantern’s (post of June 3rd) observation. Not sure if legal custody is not important, why USCIS is making big deal of this?
 
For minor children seeking N-600, it is standard procedure for you to visit a USCIS office with your child and the relevant documents. There will be a mini-interview during which you the parent will answer most or all of the questions (just to go over basic facts and the documents) followed by them handing the certificate to your daughter in a mini-oath.

Legal custody (either full or joint) is very important, but you don't need to worry because the divorce decree should take care of that.
 
Last edited by a moderator:
kanwarjag said:
I applied for my daughter certificate of citizenship as my dependent after I became Citizen, I know that even though she don’t need to apply for naturalization certificate, but I applied for the same. I have been divorced several years back and has decree, which is showing that she is living with me. I have received a letter suggesting to come for interview with child and bring GC etc and proof of termination of marriage with custody proof. I have already submitted divorce decree which states that child is living with me. Since it happened back in India it is very difficult to go back and get such certificate again. I am not sure what kind of language they are looking at for custody letter? From which agency they will accept such custody letter? What should be my best option? My daughter has been living with me from last 10 yrs.
Any suggestion please?
Click to expand...

When my daughter applied for N-600, she went to oath and interview by herself. She was 15 at the time. She had no problem, and got her certificate....Some times USCIS sends out generic paperwork...so gather all the documents you can get and go easy on it
 
You must log in or register to reply here.
Top