"Wheels up" delayed...
I am sad to say, the issuance of the U.S. passport is delaying my daughter's return to the U.S. for at least 06 months. I had all documents in my hands: U.S. birth certificate, expired U.S. passport, Statement of Consent to issue a Passport to a Minor Under Age 16 (DS 3053) signed mother and notarized by U.S. Consulate in Rio de Janeiro, passport photos, etc.
The State Department knew very well that I wanted to apply for my daughter's passport in the U.S., but when I finally had all documents in my hands, the State Department insisted that the mother would have to apply in the presence of my daughter at the U.S. Consulate in Rio and that I would have to send her all documents.
It was clear to me that the mother would see this as an opportunity to disrupt travel plans for my daughter and I shared my concerns with the State Department. However, there was apparently no chance to make an exception.
In accordance with the State Department's guidelines, I sent all documents to the mother and requested that she would apply for the U.S. passport, confirming that I would pay for all fees including any express service fee. As expected, the mother did not do anything and my attorney in Brazil told me that she was delighted when she heard that I was unable to apply for my daughter's U.S. passport in the U.S. and that I would depend on her cooperation.
The mother has now everything in her hands, my daughter, my child support payments and all documents necessary for the issuance of the U.S. passport. With no cooperation, I will have to go back to the Brazilian court to request that the Brazilian judge makes the mother go to the U.S. Consulate to apply for mu daughter's U.S. passport. That will take several weeks or months, my daughter's next school vacation will be in Jul-2011.
I was very happy when the State Department/U.S. Consulate visited my daughter back in 2005/06 and send me the only photos of her in those years, I am deeply thankful for they help in this situation. Meanwhile, the current guidelines to issue a U.S. passport for an abducted U.S. child do not seem helpful, they actually shift power to the abducting mother, they cost me additional $$$ (I have burned through $75k and counting) and most importantly, they delay my daughter's return to the U.S.
This barrier of issuing a U.S. passport was least expected after 06 years in U.S. and Brazilian courts, it kinda knocked me down, but I am getting up again and will overcome this "internal" hurdle as well. I remain confident to have my daughter back in the U.S. in Jul-2011, even if I have to go through more court hearings in Brazil related to the application of the U.S. passport.
It remains the gut feeling that this last (?) problem was not necessary. I hope guidelines for issuance of U.S. passports can be adjusted for abducted U.S. children, so other LBP's do not have to experience the same frustrations in the future.
Kind regards,
Klaus
