Adopting a Child from P.R.C.

Additional Information for IR-4 Visas

These are special requirements to note if you are applying for an IR-4 visa (two parents are adopting but only one parent will come to China to register the Child). However, you this information may be more helpful after reading the general section on the three phases of “Adopting a child from P.R.C.”

1. The parent traveling to China should be the petitioner on the I-600 petition;
2. The parent traveling to China should be an American citizen;
3. The Chinese Government requires that the parent who is not traveling to China provide a power of attorney permitting the parent who does travel to China to complete the adoption;
4. Both parents must sign the I-600 form.
   The parent who does not travel to China may sign and date the form after receiving and accepting a referral of a child;
5. The State Department requires an affidavit or support form and supporting financial evidence and documents during your interview at U.S. Consulate Guangzhou. You can download affidavit of support forms at:
   http://www.uscis.gov/graphics/formsfee/forms/ (Please note that sometimes parents prepare these forms early in the process. The Consulate needs tax returns and supporting financial evidence for the most recent tax year.)
   Both parents must have signed the appropriate forms in the appropriate locations.
   The parent who will be traveling to China should be the sponsor on the affidavit of support form and the parent not traveling to China will either be considered a household member or a co-sponsor;
6. If one parent will not see the child before the adoption, and the parents plan to re-adopt the child in the United States, some states have pre-adoption requirements. In these cases, a necessary document often serves as evidence of the parents' compliance with those requirements and the parent who travels must bring that document to his or her interview. Without such evidence, law and regulation prohibit U.S. Consulate Guangzhou from issuing an immigrant visa to the adopted child.
   To make sure you have met all of your state’s requirements, work closely with your adoption agency and/or contact your local state government.

Going Home

The adopted child has received an immigrant visa in his or her Chinese passport. The new family returns to a United States border. At a port of entry, the parents and child enter the appropriate line for intending immigrants or foreigners (since the child is not yet an American citizen). After waiting in line, a Department of Homeland Security official will take the child’s immigrant visa packet, reviewing the documents and visa for accuracy. If the official makes a positive determination, he or she will stamp the child’s passport granting legal permanent residence in the United States. If the child has received an IR-3 visa, the child is now a U.S. citizen under the Child Citizenship Act of 2000 and can apply for a U.S. passport from an official passport issuing authority. If the child received an IR-4 visa, this stamp begins the child's green card process and the family should begin re-adoption proceedings in their home state.

New parents should ensure continued compliance with their state of residence concerning adoptions. States have the right to make their own individual laws governing foreign adoptions. Some states require adoptive parents to re-adopt children adopted overseas. Other states have additional post-adoption requirements. Please consult your state government authorities for assistance in this regard. Your agency should also advise you in this phase of the process.

To go back to phase III, please click here.