IR3 vs. IR4 Visas
APPLIES TO US CITIZENS ONLY
Author:  Kelly Caldwell 
Organization:  Guatadopt.com
Date Last Modified:  18-JULY- 2006

Currently, there are two types of Visas issued by the US Embassy in Guatemala for adopted children.

IR-3: Which generally means that the child is adopted abroad.
IR-4: The child is brought back to the US for adoption here.

With an IR-3, the adoption is processed in the country of the orphan. IR-3s Visa recipients are automatically considered citizens as they "immigrate" to the US (meaning when they cross to the US for the first time as part of a new family).  This recognition only applies to the US federal government and does not carry over into state recognition (though, many states recognize the adoption based on the Visa type).  To qualify for an IR-3 visa, BOTH parents (if married) or sole adopting parent MUST visit the child PRIOR to the finalization (Protocolo issued directly after PGN approval).   The Embassy will inspect each parent's passport to determine the Visa type.   If only one parent has visited prior to finalization, then the child is issued an IR-4. 

An IR-4 can be issued ONLY in countries that allow children to be brought to the US to complete the adoption. Many countries escort the child to the US and are in temporary custody of the adoptive parents, but must be adopted formally in the US. States have different laws regarding recognition of adoptions performed abroad so research your state of residency prior to your adoption.  Again, IF you do not travel and meet the child personally BEFORE the Guatemalan adoption has been finalized, you will receive an IR-4.

Guatemala DOES allow escorts to bring the children to the US for adoption finalization.

Problems associated with IR-4 visas
Some counties in various states have adoption "laws" that require information that may not be available to a Guatemalan born child.  This has caused countless re-adoption cases to be rejected and left many families shocked at the flaws in the system.  Because of this, Guatadopt.com strongly advised visitation to ensure an IR-3 Visa status.

Issuance of wrong Visa type
Your embassy visit interview is the time to double check that you will be issued the correct visa for your child.  If you have visited before finalization, make sure the reviewer sees and acknowledges both passport entry dates.

CoC (Certificate of Citizenship)
As of January 2004, USCIS streamlined the immigration process and immediately issues a CoC for children coming home on an IR-3 Visa.

For more information, visit the USCIS site.

For more information about problems with Readoptions see http://www.guatadopt.com/archives/000376.html