Entered USA on IR-3 Visa but did not receive COC

I now have e-mails out to both the USCIS e-mail address provided above and to the Adoption Unit in Guangzhou. Hopefully, some one will come through for us.Thanks,Jack

I found the following on the USCIS website. Basically, it says that adopted children living abroad with their U.S. citizen parents do NOT qualify for automatic citizenship, even if they traveled to the U.S. 1) Is automatic citizenship provided for children living outside the United States?

No. In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.

To be eligible, a child must meet the following requirements:

The child has at least one U.S. citizen parent (by birth or naturalization);

The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14–or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;

The child is under 18 years of age;

The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.

The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and

The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

2) I am filing for a child who lives abroad. What documents do I have to submit with the form?

If your child has not immigrated to the United States (does not have a "green card"), you should submit:

Photographs of your child,

Fee,

Your child's birth certificate,

Your birth certificate or naturalization certificate,

Your marriage certificate (if applicable),

Evidence of termination of previous marriages (if applicable),

Evidence of a full and final adoption (if applicable),

Evidence of all legal name changes (if applicable), and

Form N-600k.

3) What forms do I file and what are the fees?

You can apply for evidence of citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) at any USCIS District Office or Sub-Office in the United States. If you are filing on behalf of an adopted minor child, the fee is $145 (all other applicants must pay $185).

4) Where should I file the forms?

If filing for a child who lives abroad, you may file the Form N-600K at any USCIS District Office or Sub Office in the United States. You and your child will need to travel to the United States to complete this application process. I believe that this statement is, unfortunately, the current position on children adopted by Americans who live overseas. I wish I had better news for you. Sharon

According to what Sharon posted #1 would apply since she has a green card. #2 is not an option since the N-600K can only be filed 2 years after adoption and she has a green card. #1 does not reference a form though.

Jack - You might want to cross post this on the Guatemala Forum. I know there have been children adopted from Guatemala by US citizens living overseas. They have flown from Guatemala to the US, stayed for a short time to get the child an expedited US passport, and then traveled on to the country they are living in. Since they were able to get the child an expedited US passport, their IR3 visa must have been honored. I wish I could remember who, but if you post maybe one of them will see it and can suggest something. Another avenue to try. :)

Actually, I think that it is the N-600 and not the N-600K that applies in your case, because your child has a green card. However, I'm not an expert on this. Contact the U.S. Embassy. Sharon

Update: I have been contacted by USCIS and given them the pertinent info. Hopefully, they can help get this solved. Jack

Great news! Hope they are able to get everything straightened out for you - quickly! Do let us know what happens. Your daughter is adorable!

OK, here is the update and my opinions. We picked up her passport at the Boston Regional passport agency after submitting the application with her and both parents last Thursday. The staff at this office were very knowledgeable and helpful. We provided her Chinese passport with the IR-3 Visa and her green card along with the Chinese birth certificate and adoption decree that were notarized in China at the time of adoption plus the photos and our IDs, etc.FYI, after getting the passport we went to the Social Security office on the 1st floor and submitted her application for her SS# (5 minutes before they closed - avoiding a second trip into the city!).The Guangzhou adoption unit staff were helpful in providing info and support before we made the appointment in Boston. Last year when we attempted to get her passport we went to some smaller post offices that process passports and also tried some passport "agencies" with no luck since they had no experience with expats or international adoptions.At no point was I asked for a CoC. While I do believe a CoC is important and will get one when we can legally apply, I do feel it is criminal that USCIS (a part of Homeland Security) has decided to punish expats and their internationally adopted children by denying them a CoC. If you follow the rules then you must wait 2 years after adoption to submit the N-600K and pay the extortion prices for what should be given freely.I found that passports are handled by the State Department and CoC by USCIS/Homeland Security. It seems that Homeland Security has a dislike for State Department and expats adopting internationally are just caught in the middle. The next time you fly remember that the Homeland Security folks that are not fit to work at a fast food job are the same people handling the CoC and it will make a lot more sense why these stupid rules exist.Good luck to all.Travelinjack

I am so glad to see your update and know you are making progress! Sadly your experience is not uncommon. On all fronts. I have known way too many people here who have had the same issues you have had and others as well. Not only are there stupid rules as you said, but they are randomly applied and inforced (all too often incorrectly) in my experience. Good luck to you and your family!

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I wish this post put the issue to bed, but it seems that it is contradictory. I recently received an IR-3 visa for the adoption of my daughter from an African country. We entered the US last week. My understanding is that we will be issued a COC and SS #. We will then go back living overseas. My understanding is that once we receive the COC and SS#, we can then apply for a US Passport, but this posting seems to suggest that we will have to submit an N-600k form. Can anyone clarify? Will I receive a COC and SS# for my daughter automatically, or do I have to do anything else? And then how do I get her a US Passport? Thanks! :arrow: Kevin Father of Nina a.k.a Papa Nina

I can tell you that you will have to apply for the Social Security number. That will not be issued automatically regardless of visa type or where you live. As far as applying for the passport, I would find out where the closest passport agency office is to where you are currently living. My observation is that local post offices where you can submit the application are often unaware of what paperwork is needed with the application for internationally adopted children and make the parents jump through many unnecessary hoops. Here is a link to a list [url=http://travel.state.gov/passport/about/agencies/agencies_913.html]Passport Agencies[/url] Good luck!

From what you have described, you will need to file the N-600K Application to get a Certificate of Citizenship. It doesn't matter if your child has been sent a "green card" You can submit the N-600K anytime. Someone posted that you had to wait two years. There is no requirement that you wait two years. C.J. Lyford

I live and work overseas and I have recently adopted a 6 year old daughter. We applied for citzenship via the I-600 and we received an IR-3 visa. We came to the States and she was issued a Certificate of Citzenship automatically. We are now awaiting her SS number...which is now part of the Dept. of State visa application form. Once we have that, we will get her U.S. passport (through their expedited process), and then go back overseas to live.

Thanks for the update Papanina! Glad to hear it worked out as it should for you!