US Adoption Visas IR3 and IR4

The US offers two types of visas for adopting foreign children: The IR3 and IR4 visa which fall under the Immediate Relative visa category.

What Are the Requirements for the Adoption Visas?

These requirements determine the eligibility of the child for the adoption visas and are as follows:

• The child must meet the adoption criteria from the US Immigration and Nationality Act (INA)
• The child must be under 21 years old and unmarried
• The child must be from either a Hague or Non-Hague Convention Country
• The US citizens must be willing to obtain guardianship of the child in the foreign country and then adopt in the US
• The US citizens must pass an eligibility test by the US Citizenship and Immigration Services (USCIS)
• The US citizens must plan to bring the child to the US to live with them
• The US citizens must have a valid US address

Supporting Documents for the Adoption Visas

The following supporting documents must be submitted:

• Child’s birth certificate or written explanation about the identity and age of the child if the birth certificate is not available
• Evidence that the child does not have parents or that the biological parents are unable to provide proper care and have consented to giving up their child for adoption
• Evidence that you have obtained guardianship of the child and you intend to complete adoption procedures once the child arrives in the US
• USCIS or a Consular Officer in the country you are adopting the child from will complete Form I-604. If the form has been approved, the National Visa Center (NVC) will notify you on the next steps you must take.
• Submit the visa application by filing Form DS-260, Online Immigrant Visa Application as well as schedule your visa interview. At the interview, provide your complete file of documents for the child’s adoption.

How to Obtain an IR3 or IR4 Visa?

Depending on whether the US citizen adopts the child from a Hague Convention Country or from a Non-Hague Convention Country, the application procedures change.

Hague Country Convention Visa Application Procedures

1. Choose your preferred Adoption Service Provider which also must be US Accredited or Approved. This will ensure that you will follow the rules and your adoption provider is also within applicable laws and regulations.
2. Get USCIS approval for Adoption Eligibility. You must file Form I-800A, Determination on Suitability to Adopt a Child from a Convention Country to USCIS. To file this form, you must complete a background check, fingerprint check, as well as a home study. If approved, USCIS will determine the age range and number of children you are allowed to adopt as well as if you are allowed to adopt a child with special needs.
3. Apply to adopt and become matched with a child in your preferred Hague Convention Country. The authorities of the adoption country will review your documents and approval from USCIS and find an eligible child which you can adopt. When the authorities of that country have found children, which meet the eligibility criteria, they will send referral documents to you. The documents will contain the background of the child, family history, medical history, as well as any other special needs. The file will also have the signed consent by the necessary parties (adoption center, biological parents’ consent, etc).
4. Ensure that the child is eligible for immigration.  You need to submit a petition to USCIS by filing Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. All of these steps must be completed and you must show that you have not yet obtained adoption or guardianship of the child. The reason for that is to prevent US citizens adopting children who might be found ineligible to immigrate according to US laws. If USCIS approves your petition, then you may move on to the next step.
5. Submit Form DS-260, Online Immigrant Visa Application. You will submit this form to the US Embassy or Consulate of the country in which you are adopting the child. The DS-260 will require information about the child’s background and other details. You must submit the form online and obtain a confirmation letter of submission.
6. Get the Article 5/17 Letter. The US Embassy or Consulate in the country in which you are adopting will issue a letter called Article 5/17 Letter which establishes that the child is eligible to immigrate in the US. Only after receiving this letter can you obtain an adoption or guardianship order.
7. Schedule an appointment for an interview. During this interview, make sure to submit your final adoption or guardianship order to the officials.

Non-Hague Convention Visa Application Procedures

For the Non-Hague Convention countries, there are other application procedures as follows:

1. Choose an adoption center in the country where you want to adopt the child. Since the country is not part of the Hague Convention Countries, you will not get recommendations on US approved centers, but must make the decision yourself.
2. File Form I-600A, Application for Advanced Processing of an Orphan Petition to USCIS. This form as well as the background and fingerprint check, and the home study will determine your eligibility to adopt a child from a foreign country. USCIS will not make any recommendations on the child’s classification however, which is different from the procedures of the Hague Convention.
3. Obtain a guardianship order from the country where you plan to adopt the child. This means that you must meet the requirements of that particular country regarding supporting documents and the procedures you must follow.
4. File Form I-600, Petition to Classify Orphan as an Immediate Relative to USCIS in order to determine whether the child you want to adopt is eligible for immigration to the US.

US Adoption Visa Fees

Depending on which application procedure you will follow, you must pay the fees associated with filing the forms as well as other supporting fees. The amounts are determined by USCIS, but in general, these are the fees that apply:

Fee Type	Amount	Notes
Form I-800A Filing Fee	$775	Required for Hague country adoptions to determine suitability of the adopting parent.
Form I-800 Filing Fee	$775	Filed after child referral for adoption to establish eligibility for the IR3 visa.
Form DS-260 Processing Fee	$325	Paid for consular processing and immigrant visa application for the child.
Form I-600A Filing Fee	$775	Required for non-Hague country adoptions to determine eligibility for the adopting parent.
Form I-600 Filing Fee	$775	For non-Hague adoptions, this form establishes the child’s eligibility for the IR3 visa.
Translation and Document Fees	$50–$200 per document	Costs for translating required documents and obtaining supporting paperwork.
Total Estimated Cost		$2,700 – $4,800+

How Long Is the IR4 and IR3 Visa Processing Time?

An estimate of the IR4 and IR3 visa processing time is 6 months to 1 year. However, USCIS does not provide a specific time which will take to process the application. This largely depends on the length of time it takes for you to gain guardianship of the child in the foreign country where you intend to adopt.