It is good for the long run to have sole custody issued by a US court, since you live here. Talk to a lawyer on how to get it without the other parent's cooperation. It's probably easier to get it in US too given you are here.
For passport, like I said you can use special circumstance form for now.
https://rotharmelshanks.com/the-importance-of-a-custody-order-when-the-other-parent-is-absent/
2. How Do I Get Custody Order When the Other Parent is Absent?
You will therefore need to request the court to declare the absent parent as an absent person and appoint an attorney (called a “curator”) to attempt to find them and make an appearance for them at the hearing on your petition.
