On Thursday, I received a form email from the US Embassy letting us know that they have finished processing our Article 5. (This is the day after our agency informed me that it had been picked up, so yay for prompt agency communication!) The email then explained at length what happens next. (In a nutshell, Article 5 goes to headquarters, they issue TA, agency makes Embassy appointments, we travel on those dates) The email was to try to explain that we needed to give our agency 5 "preferred" dates and they would try to honor those, but couldn't guarantee, etc. Also, it mentioned to please make sure we have at least 48 hours after our appointment before our departing flight just in case of any delays. Things I'm sure our agency will explain to us as well. All in all, not a necessary email, but helpful in reading about the details that are going on behind the scenes. (I am SO glad our agency will make the appointment for us!!) At the end, it had a link to the embassy's website. I went ahead and poked around there because I thought, why not. They had a FAQ's page, including a special section just for expats! For the first time, I feel we are trodding familiar ground! However, one of the questions had me very worried:
"2. What type of U.S. visa should I pursue for my adopted child?If adopting parents currently live outside of the United States, their child may not automatically acquire U.S. citizenship upon arrival in the United States. For more information on the Child Citizenship Act of 2000, please see the Department of State’s website for intercountry adoption.Children adopted by U.S. citizens who currently reside overseas and who intend to continue residing overseas may apply for a nonimmigrant visa upon receipt of an approved U.S. Citizenship and Immigration Service (USCIS) appointment for expeditious naturalization. Information on filing an N-600K to obtain this approval is available at USCIS’s website. U.S. citizens currently residing overseas, and who intend to take up residence in the United States. upon their adopted child’s entry to the United States, should apply for an immigrant visa. Please note than an immigrant visa application does require a U.S.-based address."
I immediately emailed our agency and asked if they knew anything about this. I got a reply pretty quickly saying that they weren't sure, but we were marked for an "immigrant visa", which is what took an extra 2 days getting our Article 5. An immigrant visa is what we want so that Z can gain immediate citizenship and get her passport right away.
Then, the next day (Friday), I received an email from our case officer at the embassy saying that we would be getting a non-immigrant visa and explaining the process of filing the N-600K to obtain citizenship. Basically, this would involve needing to wait for a certificate of citizenship, which I have heard takes 6-8 weeks before we could get her a passport. That waiting would be in the states away from my current children and husband. I do NOT want to be away from home that long! I immediately called and explained our situation. She said that we might be able to switch to an immigrant visa based on the length of time that we have left (less than 6 months by the time we adopt), but that she wasn't sure what the process of switching was. She thought we might have to re-submit forms or submit new forms altogether. This may add time and/or cost, but she wasn't sure. Of course, we could still stay with the non-immigrant visa if it would be too much of a hassle. She would look into it and email me back by Monday at the latest. I am SO glad I called! She was so kind and understanding and genuinely wanted to help, regardless of how much additional work it meant for her. That would be a first for me when dealing with a government agency!! It's been 3 days since I talked to her and I am STILL impressed!! :-)
Well, so all of that build-up and here it is, Monday. She was true to her word and emailed me an answer. After contacting NBC (National Benefits Center, not the TV station) about our situation, they determined that they will be able to adjust Z's visa to an immigrant (IH3) visa at the embassy with NO additional action needed on our part! None! No paperwork, no costs, no delays!!! I cannot tell you how excited I am!! In my eyes, this is just 1 more miracle in this process. A government agency working extra to help someone out and not requiring more jumping through hoops? That just doesn't happen!
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