Foreign government was legal guardian from 16-19 years old, self-supporting since. FAFSA status?

[parentologist]

Any advice on how to handle this? 20 year old who previously left for boarding school in another country for grades 10-12. No court order in USA, but was a ward of the state in the foreign country, no parental support after left the USA. In other words, the legal guardian of the minor child was the foreign state’s government from the beginning of grade 10 through end of grade 12. (Had to repeat grade 10 there,) Foreign government paid for transport from US to foreign country, room, board, education, medical care, counselors, absolutely everything was paid by the foreign government, as kid’s legal guardian. After graduation, foreign government paid for return ticket to US, and kid immediately moved to a US state 2000 miles away from parents, immediately got work, has been self-supporting ever since return to US at age 19, including paying for own health insurance. Kid filed own tax return for 2016.

So, kid had a legal guardian from age 16-19, and has been independent of that guardian for almost a year. But there was never any US court order. Papers were signed giving legal guardianship to the foreign government, but they were never filed in a US court. Kid never returned home. Does kid file own FAFSA, listing the foreign government as his prior guardian, with own tax return from 2016? Kid’s now planning to start at the flagship state U in the state where kid lives and works.

[Torveaux]

This is not something you are likely to get good advice on here. Attorneys with multiple specialties made be needed. “It depends” is likely the best answer. Sorry.

[twoinanddone]

I would opine that the foreign government did not have legal custody of the 16 year old, but had a voluntary guardianship allowed by the parents. If the parents didn’t want the child to go to the other country, the student would not have been able to go (passport with permission).

If it were me, I’d try the ‘independent’ route, but be prepared for the status to be questioned.

[alooknac]

https://fafsa.ed.gov/fotw1718/help/guardianship.htm

Does someone other than your parent or stepparent have legal guardianship of you, as determined by a court in your state of legal residence?

For this question, the definition of legal guardianship does not include your parents, even if they were appointed by a court to be your guardian. You are also not considered a legal guardian of yourself.

Select Yes if you can provide a copy of a court’s decision that as of today you are in legal guardianship.

Also select Yes if you can provide a copy of a court’s decision that you were in a legal guardianship immediately before you reached the age of being an adult in your state. The court must be located in your state of legal residence at the time the court’s decision was issued.

[AroundHere]

Independent status is also available through professional judgment by the school’s financial aid office. But, it can’t just be that the parents haven’t been paying. It usually has to be no relationship at all. Does the student have any sort of contact or means to contact his/her parents? Did the foreign government take custody of the child due to abuse or neglect? Was there Child Protective Services involvement in the US?