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I have already written about the I600A and I600 steps in the immigration process for an international adoption, and now I am going to write about a few other forms that can be required to obtain a visa for an internationally adopted child.
If your child is entering the United States on an IR4 visa, meaning that the adoption is either not final in the child’s country, or that the adoption is final but both parents did not personally meet the child prior to the adoption being final, then the I864 is often required. This is the Affidavit of Support, which shows that the adoptive parents have the financial means to support an immigrant (child).
Adoptive parents must meet the income requirements as listed in the I864P.
If a married couple is adopting and the income of both parents is being used to meet the poverty guidelines as listed in the I864P, then the I864A, Contract between Sponsor and Household Member, is also required. These forms can be very confusing, but to sum it up, the adopted child is the “immigrant”, the parent that is listed as the petitioner on the I600A is the “sponsor” and the other adoptive parent (if a couple is adopting) is the “household member”. Proof of income, including employment letters and tax returns, are required as evidence with the I864 forms. Ask your agency for specifics.
If your child will be coming into the United States on an IR3 visa, meaning that both parents met the child prior to the adoption, then the child will become a United States citizen upon entering the U.S., and less paperwork is required to obtain the visa. Instead of the I864 forms mentioned above, all that is needed is the much simpler I864W, Intending Immigrant’s Affidavit of Support Exemption.
Again, check with your agency to see which forms and what supporting evidence is needed for your adoption.
Another layer to the immigration of some internationally adopted children is the I601, Application for Waiver of Ground of Inadmissibility, which is required for children who are HIV+, who have Tuberculosis and sometimes for children with other disabilities. Depending on the country that the child is in, this step can add several days or several months to the adoption process, as it has to be processed by the embassy/consulate, the Center for Disease Control in Atlanta and the Department of Homeland Security.
Your agency should let you know if your child will need the I601 and give you detailed instructions for filling out this form and the supporting evidence.
The paperwork, expense and time involved with dealing with USCIS is a source of frustration for many adoptive parents, however USCIS is also a mandatory aspect of the international adoption process, and problems with USCIS can prevent a child from coming home. It is important for adoptive parents to educate themselves about the requirements and steps before and during the adoption process.
Here are some resources for help with USCIS:
My immigration tips can be found here.
You can find all of the USCIS immigration forms on this page.
You can find your local USCIS office location and contact information here.
You can find your local Application Support Center (for being fingerprinted) here.
(Please note that some USCIS offices assign you a time and specific location to have your fingerprints done and others have you go at your convenience to the Application Support Center of your choosing).
U.S. State Department information on Intercountry Adoptions can be found here.
*Picture from Liquid Library
