Who is the IR-2 for?

[pushbrk 13,031]

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.

Did the laws of Mexico REQUIRE a new birth certificate or did they ALLOW it as an option? If it was a requirement, then there should be some documentation of the adoption available to you. You can always consult with the Consulate in Juarez about this directly.

Regardless, other countries don't necessarily set up their laws and procedures with the idea of making immigration to the USA convenient. If this is a common issue, the Consulate will be aware of it and know how to deal with it.

Edited June 8, 2012 by pushbrk

[mejms 0]

Did the laws of Mexico REQUIRE a new birth certificate or did they ALLOW it as an option? If it was a requirement, then there should be some documentation of the adoption available to you. You can always consult with the Consulate in Juarez about this directly.

It's a simple matter of procedure. It was required to finalize the adoption.

I have the adoption decree here with me-- a 10-page text with lots of fine print. One thing that made me a bit anxious was thinking that this lengthy and wordy document would have to be translated into English. But now I've read in several places that only documents that are in a language other than English OR your country of residence need to be translated. So it looks like I can send in a certified copy of the adoption decree in Spanish as is.

I already have paid to have a certified translator take care of my children's birth certificates and my wedding certificate. Now I see that was probably not necessary. Oh well. Better to err on the side of caution.

[pushbrk 13,031]

It's a simple matter of procedure. It was required to finalize the adoption.

I have the adoption decree here with me-- a 10-page text with lots of fine print. One thing that made me a bit anxious was thinking that this lengthy and wordy document would have to be translated into English. But now I've read in several places that only documents that are in a language other than English OR your country of residence need to be translated. So it looks like I can send in a certified copy of the adoption decree in Spanish as is.

I already have paid to have a certified translator take care of my children's birth certificates and my wedding certificate. Now I see that was probably not necessary. Oh well. Better to err on the side of caution.

This statement in your opening post led me to believe you did not have adoption papers.

"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."

Now you say you DO have the adoption decree. Unfortunately, you are still confused. While it is true you can submit Spanish documents to the Consulate or NVC, you cannot submit required documents in Spanish without translation, when required with the petition. Birth Certificates and adoption papers are required with the I-130 for children. In your case you'll need the adoption papers to document that the child's mother is your wife, in order to get the petition approved. That means you'll need the adoption papers translated as well. Your wife's birth certificate is not needed until the NVC stage, so can be submitted in Spanish with her police report in Spanish.

USCIS is not NVC, the Consulate or any part of the Dept. of State. The adoption decree should clean up the mess. Why did you say "I have no adoption decree."?

[Ban Hammer 13,469]

one post removed per op request

[Angeljay 8]

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).

hi good day. my husband is planning to file IR2 on our 2year old daughter. what are the requirements/documents to be needed in filing petition? thank you!!