This whole IR-3 visa vs. an IR-4 visa issue has been a bit baffling to me (and to a few other Colorado families). Our agency just contacted USCIS Denver to determine whether our adopted children will return to the U.S. on an IR-3 visa or on an IR-4 visa and if Colorado had any statutory or regulatory requirements that would impact our cases depending on our child’s visa type. We got an answer from USCIS today that basically states that is the child is admitted as an IR-3, this means both parents saw the child prior to the adoption, and the child will automatically acquire US citizenship as soon as he/she is admitted to the US. If admitted as an IR-4, only one parent saw the child prior to adoption, or the child is coming from a country that does not allow foreign adoptions (such as Korea). If admitted as an IR-4, the foreign adoption must be validated under Colorado law in order for the child to acquire citizenship (the effective date of citizenship will be the date the foreign adoption is validated in Colorado).
I hope this clears up any confusion for those of you going through this in Colorado.
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2 years ago
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The key to the whole IR3 vs IR4 is whether all parents met the child prior to the country you are adopting from declares the child legally yours. (We both traveled to meet our son from guatemala, however since we did not see him prior to the time he was legally ours under guatemalan law (about two months before we traveled to meet him), he came home on an IR4 visa. ). So the question is when will the adoption be legal under Nepal law....?
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