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I heard that the U.S. Embassy in Tokyo is no longer accepting I-600 applications, so we have to file the I-600 and get I-171 approval in the U.S. before going to Japan to adopt. Do you know anything about this?
Are you talking about the I-600A or the I-600?
The I-600A is the document that the USCIS uses only to approve the prospective parents. The USCIS looks at the I-600A, the homestudy report, and the results of the FBI fingerprint check to determine whether the parents are morally, financially, and otherwise qualified to bring an orphan into the U.S.
Most adoptive families file the I-600A before they identify a child to adopt, as this speeds up the processing later. The I-600A is filed in the USCIS office serving the parents' state and, if it is approved, the parents are given a 171-H or 797-C.
In most cases, adoptive families need to submit the 171-H or 797-C to a foreign government as part of an adoption dossier. The reason is that the foreign government will generally not refer a child to a family or complete an adoption unless it can be sure that the parents are approved to bring an orphan into the U.S.
The main exception to the filing of the I-600A occurs when the parents already have identified a child -- especially the child of a relative. In that case, while the parents have the option of filing the I-600A, they usually go straight to the I-600 and use it for both approving their own situation AND approving the child's eligibility for a visa.
Where the I-600A has been filed and approved, as signified by the issuing of the 171-H or 797-C, the parent fills out the I-600 AFTER adopting or obtaining guardianship of a foreign child. This is generally done in the foreign country, at the U.S. Embassy.
In such cases, the Embassy will not have to do too much reviewing of the parents' eligibility, since a 171-H or 797-C has already been issued. The I-600 is used mainly to determine the child's eligibility for a visa to enter the U.S. The child's foreign birth certificate, foreign adoption decree/guardianship decree, foreign passport and other documents will be reviewed.
When reviewing the I-600 in such a case, the Embassy focuses mainly on whether the child meets the definition of an "eligible orphan", as defined in the U.S. Immigration and Nationality Act, and on whether the adoption followed accepted standards of legality and ethics.
As an example, if a person adopts a child directly from a married couple, that child is NOT considered an eligible orphan under the terms of the U.S. Immigration and Nationality Act, and will be denied a visa, even if the foreign country granted the adoption. And if there is any evidence that baby-buying, coercion of a birthmother, visa fraud, etc., the child will not be granted a visa even if the foreign country granted the adoption.
In the case of the identified child, where the parent did NOT file the I-600A in advance and obtain 171-H/797-C approval, the I-600 will be used BOTH to approve the family and to approve the child. Because a two-part investigation must be done, the family may face a longer wait in the foreign country.
I hope this helps.
Sharon
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We already filed the I-600A and received I-171H approval. I'm talking about the I-600 filed for approval of the child. Until recently, it was possible to file this at the Embassy in Tokyo, but no longer. Now it has to be filed/approved here before going to pick up the child. Does anyone know why? I think it must be filed in the U.S. for Korean adoptions also - can someone confirm?
I don't think that is right because the i-600 includes information you would not have before going to court. You have to put the court date and some information about where they lived before adoption and thier previous name and such. Also if you are applying for the kind of visa where the child becomes a citizen automatically you must meet the child before the adoption is final (before court) both spouses. You must have a passport with the new name to get the visa as well a photo. I don't see how you would have those things to apply before going to the country.
Onmyway-
I appologize for not responding to your PM from a while back. We were so wrapped up with our own Japan adoption. But, it sounds like you are on your way to Japan so, congrats!! We just returned and are still jetlagged (as I write this at 2:50am California time :) ) as well as adapting to life as a family of four!
Tokyo should have a copy of your I-171H. You'll still file the I-600 at the embassy there. You'll go back the following week for the exit interview and then most likely get your baby's visa the next day. Somewhat time consuming, but totally painless. :) We loved Japan and can't wait to go back with both of our girls.
Best of luck to you!!! How old is your child? Boy or girl? How exciting!