No more IR-4 Visas?
UPDATE: It appears that the change is that both parents must now be present at the consulate appointment. In the past as long as both parents were present for the adoption in the province then the child could still come home on an IR-3 if one parent left right after being present for the adoption in the province.
The original message is below in italics, but as of now it appears that IR-4 visas will still be issued and the change is just that both parents must now be in country for the entire trip for the child to come home on an IR-3 visa.
An agency has notified their clients that the U.S. Consulate in Guangzhou will no longer issue IR-4 Visas. If true, this means that it will no longer be possible for only one spouse to travel, both will have to travel (unless the adopting parent is single, of course).
I have looked through the State Department and Consulate web sites and do not see this listed anywhere.
Can anyone out there help us confirm or dismiss this one?
July 31st, 2007 at 2:53 pm
Just recieved packet from GZ yesterday dated 6/21/07 and the documents included explained about when one parent travels to china.
July 31st, 2007 at 2:55 pm
We received word today from our agency about this new requirement also.
But the way it was worded was more for the parents that come to China and then one of the family members leave before they are sworn in.
Michelle B
July 31st, 2007 at 2:58 pm
What if one spouse happens to get pregnant and cannot travel? (It hasn’t happened but never say never, right?)
July 31st, 2007 at 2:59 pm
Both parents do not have to travel to China, but if only one parent
travels, their child will come home on an IR4 Visa (requires re-adoption
and will need to apply for US citizenship) .
One parent can still return to the US after seeing the child and
finalizing the adoption in China, but their child will come home on an
IR4 Visa (requires re-adoption and need to apply for US citizenship) .
To obtain an IR3 Visa effective 8/1/07, both parents must travel to
China for the adoption and both parents must be present at the US
Consulate for the oath.
July 31st, 2007 at 3:01 pm
Thank you Meechelle, I hope this is correct. Another agency is wording it a bit differently and it does not sound like this.
July 31st, 2007 at 3:06 pm
Here’s what I saw:
August 1, 2007,
Effective immediately, the Adopted Childrens Immigrant Visa Unit at the US Consulate General Guangzhou will no longer issue IR-3 visas to children when one of the adoptive parents has not taken the oath at the oath-taking ceremony. We understand there may be a few exceptional situations where one parent may not be able to remain in China long enough to complete all the adoption procedures and we are in the process of designing procedures to allow for compliance with all immigration laws for those few cases. We request that any agency with such a case please contact us as soon as possible. This instruction supersedes any earlier arrangements or agreements you may have made with the staff in the unit.
Sincerely yours,
*Adopted Children’s Immigrant Visa Unit (ACIVU) *
U.S. Consulate General Guangzhou
July 31st, 2007 at 4:28 pm
Our agency sent written communication about this today, but it sounds as if both parents must travel.
July 31st, 2007 at 4:29 pm
What about if only one parent can physically travel but travels with a Power of Attorney to act on behalf of the other parent? Just a thought?
July 31st, 2007 at 4:30 pm
WOW that seems to be a huge change to issue effective immediately… We’re both planning to travel, but I have heard of many families who choose to have one parent stay home for one reason or another, not the least of which the children they have at home… I think this will be another factor contributing to attrition. N
July 31st, 2007 at 4:33 pm
But this does still mean that only one parent can travel, right? They just have to re-adopt.
July 31st, 2007 at 4:34 pm
It appears that one parent only may travel–same as usual. The child would come in on a IR-4 visa–same as usual.
This only applies when one parent has to leave after the first week, after the adoption is completed. Previously those children came in on an IR-3 visa, but now it appears as if they will come in on an IR-4. This means the families will have to complete a re-adoption.
July 31st, 2007 at 4:39 pm
Yes, it appears that one parent may still travel.
This just means that parents no longer have the option of having one parent there for only part of the trip so the child can come home on an IR-3 visa.
July 31st, 2007 at 4:49 pm
Wow, the changes that seem able to happen effective immediately in this process are getting SCARY! This is one that could definitely make or break us if they decided that one parent could no longer travel alone.
July 31st, 2007 at 5:21 pm
This was just posted on my agency’s site:
From: Guangzhou, Adoptions
Sent: Tuesday, July 31, 2007 4:18 AM
Subject: Adoption Unit Notice (IR3 visa)
August 1, 2007,
Effective immediately, the Adopted Children’s Immigrant Visa Unit at
the US Consulate General Guangzhou will no longer issue IR-3 visas
to children when one of the adoptive parents has not taken the oath
at the oath-taking ceremony. We understand there may be a few
exceptional situations where one parent may not be able to remain in
China long enough to complete all the adoption procedures and we are in the process of designing procedures to allow for compliance with all immigration laws for those few cases. We request that any
agency with such a case please contact us as soon as possible. This
instruction supersedes any earlier arrangements or agreements you
may have made with the staff in the unit.
Sincerely yours,
Adopted Children’s Immigrant Visa Unit (ACIVU)
U.S. Consulate General Guangzhou
This E-Mail is unclassified per Executive Order 12958
July 31st, 2007 at 5:41 pm
Ok…so we were planning on just me going to China with my parents and DH staying home (long story)…anyway…are we still good for this? From what I have read on the thread we are good we just have to re-adopt here in the US…which we already knew.
~Linda
July 31st, 2007 at 6:00 pm
LinPatton3 - Same here….my wife cannot fly due to an ear problem.
July 31st, 2007 at 7:04 pm
3xwait — I agree! A long, long, long wait is difficult enough but all of these changes which are effective immeadiatley are VERY SCARY!
July 31st, 2007 at 7:58 pm
I am planning on going to China alone too and always have. My Husband has to stay home with our young son. I would never even consider taking him with me. He’s too young. Changes like this are indeed very scary!
July 31st, 2007 at 8:23 pm
Speaking of changes along the way….did we get a final answer on three weeks in China rather than 2 and are we 100% sure on the donation increase?
July 31st, 2007 at 8:30 pm
I hope one parent is still able to travel w/power of attorney to act for the other…. My husband needs to stay at home with out son… he’s on the autistic spectrum and travel can be iffy with him due to sound sensitivities, etc. He’s a perfectly pleasant child, but needs the comfort of familiar people and routines.
I don’t know what we’d do if we both had to travel.
July 31st, 2007 at 8:31 pm
LinPatton - some provinces require three weeks, some are okay with two. A few orphanages are asking for more than $3,000, most are still asking for $3,000.
July 31st, 2007 at 10:05 pm
This is the information I received from my agency today…
“Effective immediately, the Adopted Children’s Immigrant Visa Unit at the US Consulate General Guangzhou will no longer issue IR-3 visas to children when one of the adoptive parents has not taken the oath at the oath-taking ceremony. We understand there may be a few exceptional situations where one parent may not be able to remain in China long enough to complete all the adoption procedures and we are in the process of designing procedures to allow for compliance with all immigration laws for those few cases. We request that any agency with such a case please contact us as soon as possible. This instruction supersedes any earlier arrangements or agreements you may have made with the staff in the unit.
What does this mean? We have had a few families where one parent returned to the US after seeing the child and finalizing the adoption in China, but did not go on to Guangzhou for the US Visa portion of the trip due to commitments at home. In the past, these families were still allowed to obtain an IR3 US Visa even though both parents were not present at the US Consulate in Guangzhou. Effective 8/1/07, the US Consulate will no longer allow this unless they give the family an exception.
So, this means that if both parents are not present at the US Consulate in Guangzhou and take the oath, their child will be issued an IR4 US Visa. If your child enters the US with an IR4 visa, your child will not become a US citizenship upon landing in the US. You will have to readopt using your state’s requirements, meet the US citizenship requirements in the US and apply (and pay the fee) to become a US citizen.
This is important information to consider when you are deciding if both parents will travel the entire time in China.”
July 31st, 2007 at 11:02 pm
Our agency has confirmed with the State Department that it is still possible for only one parent to travel. That the SD’s issue was with parents who traveled together and then had one parent return home before the consulate appointment.
July 31st, 2007 at 11:33 pm
Thanks RQ for answering my other two questions and for everyone else who cleared up this current issue.
Off to watch more Shark Week!!!!!!!