anyone with the same experience?

[jimandjosil 0]

Hi,

I have been posting messages about my daughter's adoption and still I have no clear understanding and now that I am to remove conditions I am confused as to how to present her as a US citizen or I dont even know if she is because her adoption has just been finalized 2 weeks ago very fresh and now that I am set to remove conditions 3 days from now...I'm just a lil overwhelmed and confused...

Anyone here who had the same situation before???

when I do file the I-751 do I pay for her biometrics fee still? I dont have enough time to get her a passport or to file her certificate of citizenship...will USCIS consider her as a US citizen even if I dont have any proof of citizenship yet? Will the adoption papers suffice?

Any help will be appreciated thanks.

[IncorrectPolitics 26]

Your spouse is a U.S. citizen correct? If your spouse is a U.S. citizen and also the adoptive parent you may find this useful

Two types of visas for internationally-adopted children

The IR-3 ("IR" stands for Immediate Relative) visa classification signifies that the orphan has been adopted abroad prior to the issuance of the immigrant visa. In order to issue an IR-3 visa, the adjudicating officer must be satisfied that the adoption was both legal in the country where it occurred and valid for U.S. immigration purposes. Children who enter the U.S. on an IR-3 visa are automatically granted U.S. citizenship, and under the new regulations, will be sent a Certificate of Citizenship within 45 days of their entry. Parents do not need to complete a separate application on behalf of their children for this document

The other international adoption visa category is the IR-4. This type of visa is given to a child who will undergo the adoption process in the US, rather than in his/her home country. This situation arises when the foreign country's laws only permit the adoptive parents to obtain guardianship of the child, rather than to fully adopt the child in that country, and/or the prospective adoptive parents did not see and observe the child prior to the adoption process. If this is the case, the following requirements must be met:

The parent, or a person or organization acting on the parent's behalf, must have legal custody of the child under the laws of the child's home country

The parent must obtain an irrevocable release for adoption and immigration from the person or entity that last had legal custody of the child

The parent must comply with all pre-adoption requirements of the state in which they will live with the adoptive child

The state in which the adoptive parent and child will live must allow a re-adoption or else provide for judicial recognition of a foreign adoption that was invalid for immigration purposes.

IR-4 orphans must be readopted in the United States before they are automatically U.S. citizens.

u.s. visas for adopted children

Might I also suggest to speak to an attorney that specializes in international adoptions AND schedule an infopass appointment ASAP....don't be surprised if you get conflicting advice from the infopass appointment and attorney. If that happens speak to another attorney and see what he/she says. Good luck, and hopefully the child is already a U.S. citizen and you just need to complete the paperwork for that.

[Darnell 8,479]

if i understand your process, the child is:

1. in usa

2. finished with adoption papers already

so what you really need is some 'recognition' followed by issuance of US Passport.

ignore any IR-3/4 visa processing for now, as it doesn't apply.

study this -->> http://travel.state.gov/visa/immigrants/types/types_1312.html

As I understand 'this', the child and the two of you will go in to a passport appointment, hand over the passport application and fees, then wait for several weeks/months for the passport to arrive.

As is, now, no need to file the ROC case on the child. The adoption was concluded prior to expiration of the Legal Permanent Resident Card (Green Card) , so, IMO, the child is golden, for now.

Good Luck !

Edited August 29, 2010 by Darnell

[jimandjosil 0]

Yes my daughter and I entered the country with a CR1 and a CR2 visa respectively. I'm going to read what your link is and will ask if I still have questions. thank you both for you prompt reply.

if i understand your process, the child is:

1. in usa

2. finished with adoption papers already

so what you really need is some 'recognition' followed by issuance of US Passport.

ignore any IR-3/4 visa processing for now, as it doesn't apply.

study this -->> http://travel.state.gov/visa/immigrants/types/types_1312.html

As I understand 'this', the child and the two of you will go in to a passport appointment, hand over the passport application and fees, then wait for several weeks/months for the passport to arrive.

As is, now, no need to file the ROC case on the child.

and Good Luck !

[Darnell 8,479]

ya, be warned though -

is a 'wrinkle' for your child, for 'initial visa type'

MOST children come in as IR3/4 , your child did not. The CR-2 visa designation is VALID for 'prior visa type' and/or 'legal permanent resident' status, so don't let that trip you up, when you read that link - is no mention of CR-2/IR-2, but trust me, the child qualifies.

[Brad and Vika 129]

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