Tuesday, December 20, 2011

Green Card - Interview


Finally, the last step of immigration.

For this step we had to bring many documents that we had already been asked for. Its purpose was in case they misplace something. Also, they ask for documents that prove you are a legitimate couple. For instance, pictures, house title, car title, bank accounts, and in a nutshell, anything that could have both names (yours and your spouse's). It's used to demonstrate that the marriage is not a fraud just to obtain legal residence. 

We didn't have much official paperwork yet, only the bank account, so we brought printed pictures of our last 4.5 years of our relationship.

To enter at the interview place you will have to stand in line and pass controls like the ones in the airport, they even made me take the shoes off. Once passed the control, you get a number and wait your turn. They then call you to start the interview (you and your spouse will go in together).

Both of you will be asked for identification documents, and both will have to swear to tell the truth and only the truth while raising the right hand. Time to start the interview. We were interviewed by a woman that at first seemed cold and kind of mean, but once she got the feeling that we were legitimate, she happened to be really nice and even told us a story that she had never told anyone.

As you know, it's better to be safe than sorry! Thus, we previously looked online at possible questions they may ask on these interviews, and luckily for us it wasn't as long as some of the ones we read about. They barely asked anything from what we read online. Initially, they asked some of the personal information reflected in the documents (names, dates of birth, affiliations, etc), and to the "alien" (the foreign spouse) they repeated the typical "Are you a terrorist, do you intend to help terrorists, are you a spy, do you consume drugs..." questions.

Then, they asked about how and where we met and some other details of how our relationship moved forward. We just told them the truth and all the truth. They also asked some questions repeatedly as to make sure we didn't make the answers up. Later, as she looked through our pictures she asked some more questions about them and as far as I remember, that was all.

After the questions, they told us that we passed and I would be getting a Green Card, which is only valid for 2 years, in the mail. It is our responsibility to remember to do the corresponding paperwork at the 2-year point. If we don't remember to do it and it expires, then I will be called to court and then they would potentially deport me back to my home country. The process to renew it can be started 90 days before the expiration date, and the paperwork is quite similar to what you just did but shorter and presenting more proofs of the validity of your marriage.

Another thing you may need to do during these 2 years is to inform USCIS of certain changes such as change of address, husband's name change... if they were to occur.

And lastly, they keep the Advance Parole card and the I-94 immigration document, both documents that identify you as immigrant; however, if you passed, you are a legal resident and not an immigrant anymore. Thus, there is no longer need for them. At the same time, for the next 2 to 3 weeks, as you wait for the Green card to arrive... You will only have your passport as ID (unless you got your license in the meanwhile).

Stay posted!
I hope all this was helpful

Monday, November 21, 2011

Green Card - Employment authorization + Advance Parole

Another step moving forward in the legalization process.
Do you remember the picture they took on the Biometrics? well, it shows also in this document.

Today in the mail I got a letter and a card document. Le letter explains that the document is my work permit and in case of being a combo card (such is my case) it allows me to leave the country and re-enter without abandoning the legalization process. Ready for a trip home? Yes I am!
This is an example of the card mentioned, this is just the plain one, not the combo like mine.
If you would get the combo it would say "Serves as I-512 Advance Parole"

NOTE: With this document, regardless of being employment authorization only or combo, you can request a Social Security Number (SSN) and start studying or working. For more information about how to request SSN click here.

Monday, October 24, 2011

Green Card - Biometrics


Once finished with the immigration doctor and having sent all the paperwork to the USCIS (U.S. Citizenship and Immigration Services) you will start receiving receipt-letters, one per sent document. Among those receipt-letters you will receive an appointment letter informing you of where and when to take your biometrics.

What is the Biometrics appointment about? is the part of the process in which they ask for and collect your unique physical recordable data and your picture, among other things. Do you remember when you entered the country and the passport control took a picture of you and your fingerprints? The biometrics is similar, but a bit more intense. They will take your fingerprints of each individual finger and of groups of fingers at a time

However, before they take your biometrics they make sure that you have all the documents needed for the appointment. In other words, the appointment letter with your appointment information, an Identification Document (ID), and in case you are changing your last name, the marriage certificate
.

Then they ask you to fill in a paper with questions about your physical attributes: weight, height, hair color, eye color, etc. So make sure you know all that before you go!

   
NOTE to all people involved in the process: if you cannot make it to the appointment, make sure you follow the instructions on the letter to change it (but hurry up, because the later you request the change, the longer the whole process will be). Be aware that if you do not show up it will considered that you abandon the process... you do not want that.

My experience
with this part of the process was quite positive. The place where I had the appointment was about 2 hours away by car, and fearing being late we arrived 1 hour before the appointment time. That was not a problem, they checked my documents, gave me a waiting number and asked me to fill in a paper
in the meanwhile. I waited 2 turns and there I was, putting all my fingers, one after the other, in the little screen. After that they took a picture (for what I was not prepared) and they made me take the glasses off. It turned out that they used this picture for the Green Card itself, so make sure you are looking good!     

And done! In 30 minutes I was back in the car and on my way home happy as can be with my accomplishment for the day. Now what is left to do is wait for another letter that will inform me of what step comes next.

Tuesday, September 20, 2011

Green Card - Immigration doctor


WHERE
To find an immigration doctor in your area you can check here.

WHAT DO YOU NEED  
Make sure you bring you vaccine record(s) to prove you have all the mandatory vaccines (a list can be found here). If you don't have them, or if you don't have proof of having them, you will need to get them and pay for all of them. They also check your blood pressure, listen your heart and lungs, look at your eyes and ears.  

Next, they draw some blood to check a few things (among them the chickenpox teeter, so if you have proof you had the chicken pox you may want to give it to them). The more blood they draw, the more you pay. So anything you have or had, bring documentation and show them because my experience was that they do not ask for anything - they just take the blood samples and pass you the bill. 

Finally, you pay and go home (they may have you pay, then get the blood drawn, and then go home). The following is a breakdown of the costs I payed as of 2011 per a North Carolina immigration doctor.
-Physical exam $150
-RPR (STS) $20
-QuantiFERON-TB Gold $60
-Varicella Teeter $30
With a total of $260, out of the $350 we expected after our research.

About 10 days later you will receive a copy of the completed paperwork for you, and a sealed envelope (not to be open) to be sent to USCIS with the other paperwork.

Updated January 2017

Thursday, September 15, 2011

Green Card - Checklist


We used a checklist when going through all this process, and the checklist looked something like what follows. I invite you to print yourself a copy to help you and keep track of what you have done and have yet to do. I hope it helps!


Monday, September 12, 2011

Green Card - Starting the process


The process we will be following through the next posts is how to apply for a Green Card through marriage - immediate relative visa - from inside of the country (once in the United States of America). Nevertheless, if you are applying from another country there are resemblances and it may be beneficial for you to keep reading. Even if you are doing the fiancé visa there will be some similarities, so you are welcome to read.
To know other options you can look at this post.


Once inside as a tourist, the process starts. 

NOTE: If you are inside of the US with a Visa you may need to double check there are no conditions to your visa, conditions from your home country or conditions from the US. In such a case you would need to waive first your conditions before apply to this whole process.

PAPERWORK
You will need to fill a form called I-485, Application to Register Permanent Residence or Adjust Status - you can get it here together with the instructions and supplemental information. You will also need the I-130, Petition for Alien Relative - you can get it here together with the instructions. It helps to fill the form G-1145 (found in both previous links) which would allow you to know when your application gets accepted. 

You usually send all the files together like we did in 2011 but in the website (here) can be read:"You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved." Thus, you are to send the form I-130 first, and as you receive the form I-797 (receipt confirmation) you may send a copy of it, with the I-485. I think its easier just to submit everything together though.

INFORMATION
The I-485 part of the paperwork requires a bunch of personal information and financial information that shows financial support from a family member (or more). In a nutshell,  the financial documentation verifies you are not going to rely on the government once you are legal. And as part of the required information, you need an immigration doctor (learn more here) to fill in some more papers after your physical exam. You may want to start looking for a doctor now so you can get his filled papers by the time you are ready to send all this so you do not have to wait.

DOCUMENTS
You will need to send a birth certificate in English (NOTE For Spaniards: the "multilingual" birth certificate is not accepted as a translation. You will need to provide the original language birth certificate together with an official translation, which you may do for about $60 here in the US as of prices in 2011).

FEES
Each document has a correspondent fee to pay (make checks or money orders payable to Department of Homeland Security):
-With the I-130, the fee is $535.
-With the I-485, the fee varies, filing through marriage it will most likely be $1,140.
-For the Biometric, sent with the I-485, there is an $85 fee.

NOTE: Keep an extra copy of every document that is requested because they may ask them at the interview. Thus I recommend to make two copies, send one and keep one of each for later. Try to keep them all together. Always keep the originals. 
Updated January 2017

Friday, September 9, 2011

Green Card - Initial process as an immigrant - Choosing a way


There are basically 2 main ways to enter the United States (US) legally even if there are many ways within those two types.

JOB RELATED
The first main way is you can enter the country through a job. For information on how to get a job in the USA without being a resident or citizen check this website. If the job is for a time period long enough, you can start paperwork to obtain a Green Card (which would be somewhat similar to what I will be addressing later on in more detail) or you could come as an immigrant based on your job skills.


MARRIAGE RELATED
The second way would be through marriage, which is the focus of this post. There are several ways to come through marriage.
You can enter the USA with a visa for fiancé and to get married within 90 days from the arrival date.
It goes without saying that there is paperwork involved and that some requirements have to be met. However, first there is paperwork to request the visa, then, once in the US, there is paperwork to get married, and finally there is paperwork to be legalized. Add to that all the fees, which are not cheap.

You can also enter with the immediate relative visa, effective for spouses, parents, or unmarried children. There are two ways to start this process, one while inside of the US (can take about 5 months or more), or while outside of the US (can take about 8 months or even over a year). Both methods have many parts in common, paperwork, doctor's visit, biometrics, interview... and if you have all the documents needed and no mistakes, it sure helps with speeding it all up. Regarding doing it from abroad, there seems to be a common loophole when US citizens send paperwork from a foreign address, which is a way to expedite the process (so it seems to be faster to collect and send all documents from the foreign country rather than collect and send everything from the US). However, there doesn't seem to be any official reason for this.

With the first immediate relative visa process - which is the option we will be following up in the following posts - you can be in the country as a tourist and then do the paperwork requesting a change of status from tourist to immigrant as the paperwork is filed to request the Green Card. But this can be problematic if you intentionally try to come to the US as a tourist for the real purpose of getting married. The tourist visa (or visa waiver program) is for tourists, not for coming to get married, so you'd be in violation of that tourist program if you did that intentionally. However, if you are marrying a citizen after already coming to the US, such as making the decision after being in the country, then you can opt for this method.