Who is the IR-2 for?

[mejms 0]

Hi everyone,

My situation: I´ve lived in Mexico for the past 6 years. I am married with 2 children, a 6 year old boy and 1.5 year old girl. My son is my wife´s biological son and I just completed the adoption process. Now this adoption irely expunges his previous birth certificate. His new birth doesn´t include any annotation or any mention of adoption. I do not retain any adoption decree. The evidence of our relationship is strictly the birth certificate, just as is the case with my biological daughter. In the eyes of Mexico, there is no technical or legal difference between him being or not being my biological son.

I already have the Consular Report of Birth Abroad for my daughter.

Are all children for the IR-2 visa necessarily not biological. According to this site, http://ciudadjuarez.usconsulate.gov/whatisaniv.html, the IR-2 is for children of U.S. citizens. If a child is a biological child of a U.S. citizen, they can complete the Consular Report of Birth Abroad. So am I right in assuming that all IR-2 visas are for non-biological children?

My big question is this: Do I consider my son as adopted or not adopted for the sake of the visa? If I have no adoption decree and a perfectly legitimate birth certificate, he shouldn´t be considered adopted. But he is not biological.

I appreciate any help you can give. Thanks!

[Harpa Timsah 13,258]

Son is IR-2. He is adopted. They can and do DNA tests to prove paternity, which you would fail.

IR-2 can be for biological children in cases where the parent does not qualify to file CBRA (if they have not lived in the US 5 years).

Edited June 5, 2012 by Harpa Timsah

[mejms 0]

Hi everyone,

My situation: I´ve lived in Mexico for the past 6 years. I am married with 2 children, a 6 year old boy and 1.5 year old girl. My son is my wife´s biological son and I just completed the adoption process. Now this adoption irely expunges his previous birth certificate. His new birth doesn´t include any annotation or any mention of adoption. I do not retain any adoption decree. The evidence of our relationship is strictly the birth certificate, just as is the case with my biological daughter. In the eyes of Mexico, there is no technical or legal difference between him being or not being my biological son.

I already have the Consular Report of Birth Abroad for my daughter.

Are all children for the IR-2 visa necessarily not biological. According to this site, http://ciudadjuarez.usconsulate.gov/whatisaniv.html, the IR-2 is for children of U.S. citizens. If a child is a biological child of a U.S. citizen, they can complete the Consular Report of Birth Abroad. So am I right in assuming that all IR-2 visas are for non-biological children?

My big question is this: Do I consider my son as adopted or not adopted for the sake of the visa? If I have no adoption decree and a perfectly legitimate birth certificate, he shouldn´t be considered adopted. But he is not biological.

I appreciate any help you can give. Thanks!

Thanks for the clarification! The I-130 requires the adoption decree. If I do not have it, will the birth certificate with my name be accepted?

[canadian_wife 1,826]

Probably not, the birth certificate with your name may indicate that the child has claims to US citizenship though you (which he does not because he is not your biological child). If a child has claims to US citizenship he will not be issued a visa

Why do you not have the adoption decree? You said you did not retain it, were you issued one?

Good luck

[mejms 0]

Probably not, the birth certificate with your name may indicate that the child has claims to US citizenship though you (which he does not because he is not your biological child). If a child has claims to US citizenship he will not be issued a visa

Why do you not have the adoption decree? You said you did not retain it, were you issued one?

Good luck

We had to submit it when we registered him in order to receive his new birth certificate. The Mexican Government now considers him in exactly the same category as if he were my biological son. All ties to his biological father and the family have been severed.

Seems like I´ll have to call the lawyer tomorrow and get my hands on the decree somehow.

[Harpa Timsah 13,258]

Why do you need the adoption decree? You married his mother before he was 18 years of age, right? That should be enough. The most usual case for IR-2 is to petition a partner with children from a previous marriage, and not all the kids are formally adopted.

I think you should be following the stepchild instructions because you are married to his mother. Much simpler.

Edited June 6, 2012 by Harpa Timsah

[mejms 0]

Why do you need the adoption decree? You married his mother before he was 18 years of age, right? That should be enough. The most usual case for IR-2 is to petition a partner with children from a previous marriage, and not all the kids are formally adopted.

I think you should be following the stepchild instructions because you are married to his mother. Much simpler.

Yes, we got married when my son was 3. He´s 6 now, and we just wrapped up the adoption last week.

If I were to file as a stepfather, how would I fill out the I-130 form when it asks if we are related by adoption? It would be clear enough from his birth certificate that I am the legal father. How can I follow the procedure for stepfather/stepson when we are clearly legally linked as father and son?

I´m very confused.

1) As far as the Mexican government is concerned, I am fully the child´s father. The record of having another birth certificate and another biological father has simply been expunged.

2) As far as the US government is concerned, he is my adopted son since we are not related by blood and I have full legal custody.

3) But I can file as a stepfather, where normally the kids are not formally adopted???

[Ryan H 3,819]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America.

[pushbrk 13,031]

Why do you need the adoption decree? You married his mother before he was 18 years of age, right? That should be enough. The most usual case for IR-2 is to petition a partner with children from a previous marriage, and not all the kids are formally adopted.

I think you should be following the stepchild instructions because you are married to his mother. Much simpler.

WHOA! The adopted child has claim to US Citizenship upon arrival in the USA with the IR2 visa. A stepchild does not.

The step that was not needed was the new birth certificate for the child. They will need evidence of adoption. You do NOT refer to an adopted child as a stepchild on an immigration form. That would be incorrect. Further, to file for a stepchild, a birth certificate showing the actual parents' names is needed, as is permission from the other natural parent, or a court order. Now that they've gone ahead and gotten an altered birth certificate, they'll need the adoption papers. Sounds like a mess, created by reissuing the birth certificate.

[Darnell 8,479]

hmmmmm

IR-2 when filing for an IR-1, but

since the child is adopted by a US Citizen, would the IR-4 route be an option, also ?

[JohnR! 5,495]

1338936755[/url]' post='5421729']

Hi everyone,

My situation: I´ve lived in Mexico for the past 6 years. I am married with 2 children, a 6 year old boy and 1.5 year old girl. My son is my wife´s biological son and I just completed the adoption process. Now this adoption irely expunges his previous birth certificate. His new birth doesn´t include any annotation or any mention of adoption. I do not retain any adoption decree. The evidence of our relationship is strictly the birth certificate, just as is the case with my biological daughter. In the eyes of Mexico, there is no technical or legal difference between him being or not being my biological son.

I already have the Consular Report of Birth Abroad for my daughter.

Are all children for the IR-2 visa necessarily not biological. According to this site, http://ciudadjuarez....whatisaniv.html, the IR-2 is for children of U.S. citizens. If a child is a biological child of a U.S. citizen, they can complete the Consular Report of Birth Abroad. So am I right in assuming that all IR-2 visas are for non-biological children?

My big question is this: Do I consider my son as adopted or not adopted for the sake of the visa? If I have no adoption decree and a perfectly legitimate birth certificate, he shouldn´t be considered adopted. But he is not biological.

I appreciate any help you can give. Thanks!

Mej, I am sure yours is not the first such case. Consulates have different directives and procedures to accommodate for the different laws of the countries in which they operate. IMHO your best shot is to contact the consulate in Mexico, explain your case and ask them what is required in this case. I am sure they are aware of how adoptions play out in Mexico and they can tell you if you need anything from the courts. Based on their actual requirements you may have to get a lawyer involved. I would go to the consulate before spending any money on a lawyer without knowing precisely what it is that the US government requires.

If you go down that route, consider posting the denouement here so that others can be educated in this matter.

Good luck!

[pushbrk 13,031]

hmmmmm

IR-2 when filing for an IR-1, but

since the child is adopted by a US Citizen, would the IR-4 route be an option, also ?

Two kinds of IR2 visas. When the spouse gets an IR1 a stepchild gets the IR2. Same with CR1 and CR2. However, even with a CR1 spouse, an child entitled to US citizenship upon arrival (one adopted abroad by a US Citizen) gets an IR2 visa and becomes a US citizen upon arrival, even though their natural parent does not.

From: http://tinyurl.com/27zy3gv IR2 is the correct visa category for this case.

Visa types for Orphan (Non-Hague) Adoptions:

• IR-3 visa: Issued when a full and final adoption is completed abroad:
  • Requires that the parent(s) physically see the child prior to or during the adoption proceedings.

  [*]IR-4 visa: Issued to a child that:

  • is coming to the United States to be adopted.
  • was adopted abroad by only one parent (if married).
  • was not seen by the parent(s) prior to or during the adoption.

Visa types for Other Adopted Children:

• IR-2 visa: Issued to a child:
  • adopted by a citizen if the child immigrates to the U.S. while unmarried and before his or her 21st birthday.
  • after the child’s 21st birthday, if he or she is treated under the Child Status Protection Act (as if he or she were still under 21).

[mejms 0]

Two kinds of IR2 visas. When the spouse gets an IR1 a stepchild gets the IR2. Same with CR1 and CR2. However, even with a CR1 spouse, an child entitled to US citizenship upon arrival (one adopted abroad by a US Citizen) gets an IR2 visa and becomes a US citizen upon arrival, even though their natural parent does not.

From: http://tinyurl.com/27zy3gv IR2 is the correct visa category for this case.

Visa types for Orphan (Non-Hague) Adoptions:

• IR-3 visa: Issued when a full and final adoption is completed abroad:
  • Requires that the parent(s) physically see the child prior to or during the adoption proceedings.

  [*]IR-4 visa: Issued to a child that:

  • is coming to the United States to be adopted.
  • was adopted abroad by only one parent (if married).
  • was not seen by the parent(s) prior to or during the adoption.

Visa types for Other Adopted Children:

• IR-2 visa: Issued to a child:
  • adopted by a citizen if the child immigrates to the U.S. while unmarried and before his or her 21st birthday.
  • after the child’s 21st birthday, if he or she is treated under the Child Status Protection Act (as if he or she were still under 21).

According to the link that you provided, it seems like my situation fits into IH-3 visa category, which I haven´t even heard of before.

On the linked USCIS page: IH-3 visa: Issued for children with full and final adoptions from a Hague Convention country.

I had been thinking IR-2 all along, but what do you make of the above?

Do all of these visa categories require the I-130? I´d love to speak to someone in the immigration department of the US Embassy here, but I´ve called nearly a dozen times and am always directed to voice mail. Can´t get hold of anyone.

[pushbrk 13,031]

According to the link that you provided, it seems like my situation fits into IH-3 visa category, which I haven´t even heard of before.

On the linked USCIS page: IH-3 visa: Issued for children with full and final adoptions from a Hague Convention country.

I had been thinking IR-2 all along, but what do you make of the above?

Do all of these visa categories require the I-130? I´d love to speak to someone in the immigration department of the US Embassy here, but I´ve called nearly a dozen times and am always directed to voice mail. Can´t get hold of anyone.

Look again. IH-3 comes under the heading of "

Visa types for Hague Adoptions:" You've been right along thinking IR2 but it really doesn't matter. The process is no different and the Consulate will issue the correct visa.

[mejms 0]

WHOA! The adopted child has claim to US Citizenship upon arrival in the USA with the IR2 visa. A stepchild does not.

The step that was not needed was the new birth certificate for the child. They will need evidence of adoption. You do NOT refer to an adopted child as a stepchild on an immigration form. That would be incorrect. Further, to file for a stepchild, a birth certificate showing the actual parents' names is needed, as is permission from the other natural parent, or a court order. Now that they've gone ahead and gotten an altered birth certificate, they'll need the adoption papers. Sounds like a mess, created by reissuing the birth certificate.

How could following the precise laws of the country where you reside and are processing an adoption possibly be a mess? That's how the adoption was approved in the first place.