Couple Separated In The Us: Passport Renewal For The Kid

MalStrom · Nov 24, 2020

Lightsource said: ↑

How to take the kid out of US without a valid passport?
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You cannot.

BhumiBabe · Nov 24, 2020

Lightsource said: ↑

How to take the kid out of US without a valid passport?
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You need a valid passport. But she has to take legal action to ensure that she can get a passport for her kid

lavani · Nov 24, 2020

Lightsource said: ↑

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Valid point! But she has to take the decision. I think, deep down, she’s wanting to patch things up. That’s why I wanted to know if there’s any way out for this passport issue.
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no way for passport unless she involves legal or they separate and the father signs for complete custody to the mom .

single word male chauvinistic does not mean anything. sorry to say. and it is fine, if you do not know details too. if they are separate, who is supporting her with rent , medical insurance, car. is she in green card or citizen. rent and living expenses is close to conservative $3k . that is lot of money.

she cannot work without papers. if she is in visa , her spouse has to renew it every few years. if spouse can do all those things, and has issues only in signing Passport papers, things do not add up.

it is her fault too, what is there is to patch up, if you are not living together for years without any proper reason.

Laks09 · Nov 24, 2020

It’s unfortunate. I have had a friend who was legally divorced from the spouse and couldn’t go to India because the kid’s passport expired and the father refused to sign the passport application and consent forms. Even after a divorce with shared custody such things do come up. One parent can spitefully refuse to sign passport applications and travel NOCs. The only way the friend can go is to leave the child with the dad and travel alone or wait till the child turns 18 and can apply for his own passport.

DDream · Nov 25, 2020

3. Statement of Special Family Circumstances (DS-5525)

You should complete this form if one parent or guardian cannot locate the other parent or guardian. The parent who is applying should submit this special form in addition to their child's application (DS-11).

Passport Forms

What To Do When One Parent Refuses to Sign Passport Application

OP, is your friend on visa or gc?
Is she still depend on dh for maintaining her us status? If so try to visit her husband and solve it amicably. Talk in such a way highlighting the need to work together for her kid. If she wishes to go back she should take steps for that. Right now she is denying her child the legal protection he/she deserves and wasting her precious time. She has been waiting for the last 9yrs,right?

If she is independent, try to solve it amicably with her husband. Else inform him that she have to go for court order to proceed with passport. Hire an attorney and go for full custody. If so, she dont have to worry.
Legal way is the only step she can take now, if he refuses to sign the consent form. Or wait till he turns 16 y

Be practical.

Minion · Nov 25, 2020

Lightsource said: ↑

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Ohh!!! That’s too long!! Is there no way out?
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If your friend is ready to do some illegal things she can forge her husband signature in the consent form and get the passport.

I recommend she watch this movie before she forges his signature

Fun with Dick and Jane (2005) - IMDb

Lightsource · Nov 25, 2020

Thanks for your response.

She's on H1 visa and not dependent on her husband to renew the papers.

Her husband is just not ready to talk amicably. He wants her to quit the job and get back to the slave mode. If he's otherwise understanding and caring types, its may not sound wrong to quit the job. But, unfortunately, that's not the case here. She was even ready to do that for the sake of the child, but she's scared of the consequences in the long run.

Another question popped up while I was reading the responses. If she looses her job and her H1 status and is compelled to return to India and the husband remains incommunicado, what will be status of her child and her?

MalStrom · Nov 25, 2020

Lightsource said: ↑

Thanks for your response.

She's on H1 visa and not dependent on her husband to renew the papers.

Her husband is just not ready to talk amicably. He wants her to quit the job and get back to the slave mode. If he's otherwise understanding and caring types, its may not sound wrong to quit the job. But, unfortunately, that's not the case here. She was even ready to do that for the sake of the child, but she's scared of the consequences in the long run.

Another question popped up while I was reading the responses. If she looses her job and her H1 status and is compelled to return to India and the husband remains incommunicado, what will be status of her child and her?
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She needs to consult with a divorce lawyer who is also knowledgeable about immigration matters. She needs good advice because it can become messy with a non-cooperative parent, visa and US citizen child.
I know of one case where the wife was on visa and child is a US citizen. They had valid passports and the wife sneaked away from the US to India with the child. The ex-husband is still in the US. He has filed a case against her and she will be arrested if she ever tries to come back to the US. it is best to avoid such situations and try to resolve amicably.

BhumiBabe · Nov 25, 2020

Lightsource said: ↑

Thanks for your response.

She's on H1 visa and not dependent on her husband to renew the papers.

Her husband is just not ready to talk amicably. He wants her to quit the job and get back to the slave mode. If he's otherwise understanding and caring types, its may not sound wrong to quit the job. But, unfortunately, that's not the case here. She was even ready to do that for the sake of the child, but she's scared of the consequences in the long run.

Another question popped up while I was reading the responses. If she looses her job and her H1 status and is compelled to return to India and the husband remains incommunicado, what will be status of her child and her?
Click to expand...

She really needs to deal with the legal details, for her own safety and peace of mind. If she loses her job, as it stands, she might have to leave the country and her child behind.

I can understand the hesitation to talk to her husband, in case the custody issue comes up - but at the very least, she should talk to a local lawyer to understand her rights and prepare herself. The rules are abit different state to state.

Laks09 · Nov 25, 2020

OP - The passport can wait. IMO, the friend needs a lawyer to understand the legality of staying married to someone without contact. A marriage is a legal contract. You are liable to your partner’s debts. What if he is spiteful enough to take out multiple loans and leave the country? What if he dies after incurring debt? These things have happened. The estranged spouse has found herself in mountains of debt after the man passed away. All of the assets were given away to the siblings and the lady was left to pay off the debt.

There are umpteen things she needs to be aware of while separated without contact for extended periods of time. It’s best she seeks legal counsel since she’s in a situation that’s quite uncommon. It’s best she gets in touch with an attorney specialized in marriage and immigration laws. The marriage/divorce law varies from state to state. She needs an attorney in her state of residency who will probably check on the applicable laws in her spouse’s state. It will be an expensive consultation but with the right attorney she can gain the appropriate insights into her specific situation.