[sld]

Hi! Could someone tell me what the difference between an Ir3 and Ir 4 visa? How much more complicated is the IR4? Thanks!

Stacy

[dspakowsky]

IR-3 means you visited the baby prior to exiting PGN, then went for pick-up.

IR-4 means you only went for pick-up.

IR-3 means the baby is an automatic US Citizen when they arrive in the US, and their Certificate of Citizenship will be automatically mailed to your home in 3-6 weeks.

IR-4 means you have to apply for citizenship. I believe they have a greencard until then.

IR-3, in some states you won't have to re-adopt. You can do a leagl name change and get a Certificate of Foriegn birth from the state.

IR-4 means you must "re-adopt".

[KY_Roni]

Do you know if the hubby visits can I only take his passport for pick up and still get an IR3?

[MicheleB]

Yes, as long as you both visited and you bring the passport AND a power of attorney for pick up, you should have no problems getting the IR-3. I did this with our last adoption with no problems.

[drasusi]

Not entirely clear on the details, but also has potential tax implications if you are picking up towards the end of the year.....has to do with deducting the adoption expenses in the year the adoption is "finalized"....if home on an IR3, with automatic citizenship, that is considered final, whereas with the IR4 and requirement to readopt stateside, the adoption is still considered pending...We ended up planning a visit, so we're IR3 for whatever, so I stopped listening to details, but if it matters to you, check with your agency and task advisor....

[DPline]

Also check out what the procedure is in your particular state for an IR4 vs. and IR3. My state does not have a procedure for readoption and while there is a slightly more involved court process to finalize, do a name change, and get a state birth certificate for an IR4, it is pretty minor difference.

[egrace]

Adding to previous email "if home on an IR3, with automatic citizenship, that is considered final, whereas with the IR4 and requirement to readopt stateside, the adoption is still considered pending."

Also it's my understanding if you child comes home on an IR4 you cannot claim the tax credit until you do readopt.

egrace

[cr653]

Originally Posted by egrace

Adding to previous email "if home on an IR3, with automatic citizenship, that is considered final, whereas with the IR4 and requirement to readopt stateside, the adoption is still considered pending."

Also it's my understanding if you child comes home on an IR4 you cannot claim the tax credit until you do readopt.

egrace

that is true.
and check your state and county to see what guidelines and 'rules' there are for a 'readopt'.
in our state it's 6 months and 1 hs update.
in our county it's 1 year (including the 6 months by the state) and 2 hs updates.

BUT even on the ir3 visa we would still need to follow these guidelines in order to readopt. my understanding is the visa thing is an immigration topic while readoptions are a state thing.

cris.

[DD Amasa]

The IRS changed the rules on the tax credit in last year so you can claim the tax credit without readopting, regardless of which visa your child comes home on and which state you live in. The federal govt now recognizes the Guatemalan decree for the tax credit.

But there can be advantages to readopting even if your child comes home on the IR3 so you should check with your state's rules on the matter. In a lot of states, it's just a matter of filing a couple of pieces of paper and showing up in court one day.