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First off, as I noted above, the IR-3 and IR-4 are used ONLY in NON-HAGUE adoptions. There is a special Hague visa for children coming in after going through the Hague process. From what I understand of the situation, the USCIS does NOT care if only one spouse in a married couple travels to complete the adoption, if a child is eligible for a Hague visa. The child will be considered to have had a "full and final" adoption overseas, readoption won't be necessary unless one's state of residence requires it, and a certificate of citizenship will come automatically. However, I am a little concerned that you have had a finalized adoption before filing any U.S. paperwork. I would not want to see you get a denial of a visa. My understanding is that the U.S. State Department (the Central Authority for the U.S., under the Hague) must approve the adoption before it is finalized. Have you worked at all with the State Department or the USCIS? Didn't you have to file some U.S. documents with the Philippine Central Authority, in the process of doing your adoption? Sharon
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Hi Sharon, Again, thank you for these valuable information you are sharing with me, this really help me a lot while I am doing my research on this matter. I agree, there is a risk of being denied with a visa because of the procedure that I have went through. I will find other ways possible and hope for the best because this procedure was different than normal. I never thought I would be here while starting the petition, and it took me a while to go back and decided to follow through what I have left off. I will seek some advise from USCIS on this matter, and if needed, may hire some legal advise from any immigration lawyer who also knows about international adoption. Again, thank you very much. Any more new information about this topic, please share. Janice
sak9645
First off, as I noted above, the IR-3 and IR-4 are used ONLY in NON-HAGUE adoptions. There is a special Hague visa for children coming in after going through the Hague process. From what I understand of the situation, the USCIS does NOT care if only one spouse in a married couple travels to complete the adoption, if a child is eligible for a Hague visa. The child will be considered to have had a "full and final" adoption overseas, readoption won't be necessary unless one's state of residence requires it, and a certificate of citizenship will come automatically. However, I am a little concerned that you have had a finalized adoption before filing any U.S. paperwork. I would not want to see you get a denial of a visa. My understanding is that the U.S. State Department (the Central Authority for the U.S., under the Hague) must approve the adoption before it is finalized. Have you worked at all with the State Department or the USCIS? Didn't you have to file some U.S. documents with the Philippine Central Authority, in the process of doing your adoption? Sharon
I'm just revisiting an old topic to update my earlier posts.When you adopt from a Hague country, you must use its Hague process. You cannot use the domestic process that people use when they live in the country and adopt. If you use the domestic process, your child will NOT qualify for an adoption visa to enter the U.S..It "may" be possible to live overseas with the child for two years, and then apply for a visa for your child. That's what is recommended in non-Hague countries, although most families cannot afford to do that and must overturn their adoptions. While you can try it in a Hague country, some countries will not issue documents for a child adopted via the domestic process to get an immigrant visa, such as a foreign passport, in such cases, because they view it as an illegal attempt to circumvent the Hague process.In any case, you will need a competent adoption/immigration attorney.Sharon
We are home! We had quite a time coming in to Newark International with immigration. The woman asked us if the US Embassy told us our girls woulld be citizens once they arrived in the US. To which we excitely responded "yes". She in turn insisted that no matter what the US Embassy told us, our girls are NOT citizens :hissy: and that they will receive green cards and we need to apply for citizenship. In my tired state I pointed out that their visas are IR3 visas and that we should not need to apply for citizenship. Needless to say, my more sane husband, nudge me to "be quiet before you get arrested" and when she assured me she would be sending the paperwork from the US Embassy to a "central location" and handed me back the girls passports stamped arrived on IR3 visa, we left. Has this ever happened to anyone? I think the sleep deprivation and the "burst your bubble" tone of voice of the woman in immigration had me so annoyed that I probably was overly emotional about the situation. We were so excited to be on US soil that, I was shocked and forgot how rude people can be! (Needless to say they weren't nice to anyone in the place during our 1.5 hour wait there!) Thanks for your thoughts and opinions! Megan