Green Card

I have recently received a Green Card based on marriage to a U.S. Citizen. Here, I try to provide useful information on this process. Disclaimers: (1) There are different ways to apply for a Green Card. I only know about doing it based on marriage to a U.S. Citizen, therefore I will only be providing information on this specific method. (2) I did not hire a lawyer and instead completed the entire process by myself. I cannot speak for people who have hired lawyers and if your lawyer does something in a different way, that does not mean it is incorrect.

Timeline:

Green Card application package mailed 6/18/200

Completed biometrics (fingerprints) 8/4/2009

Completed interview with spouse 9/14/2009

Received notification of approval 9/18/2009

Frequently Asked Questions

Do I automatically become a U.S. Citizen by marrying an American?

No, no a thousand times no. I wish I could tell the whole world this, because a LOT of people simply assumed that after I married my husband, someone GAVE me citizenship. I also think that many Americans would appreciate their citizenship more if they knew how difficult it was for an alien to get it, but this is not the place for that rant. Once you marry a U.S. Citizen, he/she can then petition on your behalf for you to become a permanent resident (aka get a Green Card). The U.S. citizen and the alien spouse fill out a variety of forms and send them to the United States Citizenship and Immigration Services (USCIS) for consideration. If the application package has been filed correctly, the U.S. Citizen and alien spouse will be invited for an interview, during which they will determine whether it is a legitimate marriage.

How is a Green Card different from citizenship?

A “Green Card” means that you have permanent residency in the United States. It allows you to live, work, pay taxes, and claim benefits. It does not allow you to vote or get a federal job. It is not permanent, either, despite the name. You need to spend a certain amount of time in the U.S., otherwise you risk losing it. The specific period of time required is subject to change, but if you plan on leaving the country for more than a vacation, be sure to check into it.

If you have been married for less than two years, then your Green Card is conditional. Once you have been in the conditional status for two years, you need to file form I-751, Joint Petition to Remove Conditional Basis of Alien’s Permanent Resident’s Status, during the 90-day period BEFORE the second anniversary of the date you were granted conditional permanent resident status. (yeesh.)

So why don’t I just apply for citizenship then?

Oh, if only. Unfortunately you must hold your permanent residency status for a certain number of years (and remain in the U.S. for a certain percentage of that) before you can apply to become a citizen. If you are applying based on marriage to a U.S. citizen, you can apply for citizenship once you have been a permanent resident for 3 years.

Ok, so what forms do I need?

Below is a summary of the forms that you will need in order to apply for permanent residency status. Some of them are completed by the U.S. Citizen, and some are completed by the alien spouse. Some of them are compulsory, some are optional. Some include filing fees, some don’t.

NOTE: You do not have to pay to download these forms. There are a LOT of on-line companies/individuals/lawyers that will try to charge you for these forms. You do not have to do this and can download them all (along with instructions) for free at www.uscis.gov

I-130, Petition for an Alien Relative (required)

This is completed by the U.S. Citizen. There is a filing fee which (as of 6/18/2009) is $355. Be sure to check the USCIS site for current fees. This form is only two pages and is not difficult, but it does need quite a few supporting documents:

• Documents to show that the petitioner is a U.S. Citizen. We sent copies of my husband’s birth certificate and passport.
• Documents to show family relationship. This means you need to show evidence of the fact that you are married. We sent a copy of our marriage certificate, along with our house deed with both our names, a statement from our joint mortgage, and a statement from our joint bank account.
• One passport photo of the U.S. Citizen and one passport photo of the alien spouse. Be sure that these meet U.S. passport requirements.

G-325A, Biographical Information (required)

You need to complete one of these for the U.S. Citizen and one for the alien spouse. NOTE: There are four identical copies for each form! I did not notice this the first time I printed them! If you complete the forms on the computer, it will automatically copy the information onto each duplicate.

I-864, Affidavit of Support (required)

Ok, here’s where it gets a little complicated. The U.S. Citizen fills this form out in order to prove that he/she can financially support the alien spouse. The U.S. Citizen’s income for the last tax year needs to be equal to 125% of the Federal poverty guideline for your household size. If this is the case, then this form is easy. Form I-864P (available from USCIS) will give you the current poverty guidelines. Fortunately for us, this was the case. As well as completing the form, we were required to submit my husband’s federal tax return for the last year, along with accompanying W-2 and 1099 forms. If the U.S. Citizen’s income is not equal to 125% of the poverty level, there are a variety of other options. See the instructions for this form for more information. NOTE: The signature on this form must be notarized! You can do this very easily and cheaply at your local UPS or FedEx service center. See their web sites for details, under “notary services.”

I-485, Application to Register Permanent Residence or Adjust Status

This one is completed by the alien spouse and is required for people who are already in the United States on some kind of nonimmigrant visa. It has a fee of $1,010 (as of 6/18/2009), which includes a filing fee of $930 and a biometrics fee of $80. The most difficult question is the first one in Part 2, which asks why you are applying for an adjustment in status to that of Permanent Resident. If you are submitting this together with your I-130 (which I did), then you select option (a), because you are essentially attaching a relative visa petition (which is your I-130). The only other really tricky question is the one in Part 3 that asks for your nonimmigrant visa number. I currently hold an H1-B visa (temporary worker) and all I could find on-line was a variety of arguments about whether it was the number in red ink, or the longer “control number.” I finally concluded that the more intelligent arguments were voting for the number in red ink, so this is what I put. The I-485 also requires a few supporting documents:

• The alien spouse’s birth certificate
• A copy of the alien spouse’s nonimmigrant visa (in my case my H1-B)
• Two passport photos of the alien spouse. Again, make sure these adhere to U.S. passport photo requirements.

I-693, Medical Examination of Aliens Seeking Adjustment of Status

This is required if you are completing an I-485 (see above). This is the really fun one! Most of this form is completed by your civil surgeon when he gives you a physical. Don’t have a civil surgeon? Never even heard of one? Check out the USCIS “Find a Civil Surgeon” page. In advance of making the appointment, you should gather as much information as you can about what vaccines you have already had and when. Again, here I can only speak to my experience of this. The vaccine requirements are very likely to change, so you should check the current form information at USCIS. The requirements also vary by age, so all the information I have is based on a 29 year old female. NOTE: The physical and vaccinations when conducted by a civil surgeon for the purpose of immigration are not covered by insurance. I could have gone away and had my own GP administer the vaccinations, but I was anxious to get this done quickly. You should NOT attempt to get any vaccinations before you have seen the civil surgeon. They will determine which ones you need. The bloodwork was covered by insurance in my case.

• I was required to have the MMR (measles, mumps, rubella) vaccine. I have only had measles and rubella vaccines, so the doctor had to give me the full jab. This cost $60. He could have tested me for immunity to mumps, but I decided on the quicker option of just getting the shot.
• I did not have to have the varicella (chicken pox) shot because I was able to give the month and year for when I had chicken pox as a child. My mum was invaluable in this!
• Everyone has to have the TB skin test. I needed to return two days later so the doctor could see if I had reacted. If you have a raised bump of more than 5mm, you need to follow up with a chest X-Ray. I did not have a reaction. This cost me $25.
• My last tetanus shot was out of date so I had to have another. This cost $35, and this one HURT!
• I had bloodwork done for a couple of tests, including HIV.
• I was too old or too young for all of the other required vaccinations.
• The physical cost $125.

You complete the top part of the form and sign it in front of the civil surgeon. They then complete the rest of the form, sign it, and place it in a sealed envelope with a signature and tape over the seal. They give you the sealed envelope to include in your application package. Do not open it! The USCIS will not accept it if the seal has been tampered with, and most civil surgeons will charge you for another form. Be prepared for at least two visits in order to get everything done.

I-765, Application for Employment Authorization (optional)

This form is only required if you are not currently eligible to work in the U.S. I did not have to submit this form because my nonimmigrant H1-B visa allows me to work, although it is conditional upon my current job. The instructions for the form state that: “If you are [...] a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12(b), please do not use this form.” Obviously that does not really help. I looked up the electronic Code of Federal Regulations (CFR). Title 8 deals with Aliens and Nationality, Part 274a is about the control of the employment of aliens, subpart (b) is about employment authorization, and .12 lists the classes of aliens authorized to accept employment. You can read this lovely list here. If you look at 12(b) it lists the aliens who are authorized for employment with a specific employer incident to status. If you have one of the visas listed, you do not need to fill out this form. The visas include: A-1, A-2, A-3, C-2, C-3, E-1, E-2, F-1 (with conditions), G-1, G-2, G-3, G-4, G-5, H-1, H-2A, H-1B, H-3, I, J-1, L-1, O-1, O-2, P-1, P-2, P-3, Q-1. There are also a variety of other situations listed. You can find visa-categories that DO need to apply for employment authorization listed in 12(c). There may be other employment restrictions on some of the visa types listed in (b) above.

Long story short, if you are currently working legally in the U.S., you probably do not have to apply for employment authorization. I’m not sure what happens if your visa expires before you receive your Green Card.

I-131, Application for Travel Document (optional)

If you plan to leave the U.S. and return while your Green Card application is in process, you need to complete this form. However, if you are filing form I-485 AND you are in one of the nonimmigrant categories listed (H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3), you do NOT have to file this form. So as a H1-B holder who was submitting the I-485, I did not have to do this one. Fortunately (and unlike the I-765 above), the information about who does not have to file is included on the instructions for the form.

I’ve done all of that, now where do I send the forms?

This is quite confusing. Depending on which forms you are including and where you live, there are different addresses. As I was filing form I-130 concurrently with form I-485, I use the address listed on page 4 of the instructions for the I-130:

U.S. Citizenship and Immigration Services, P.O. Box 805887, Chicago, IL 60680-4120.

This address is the same wherever you live in the U.S. and is supported by the instructions for all of the other forms (I cross-referenced exhaustively).

Do I need to send it in a particular way?

Yes, you need to send it “certified” and “return receipt.” Just ask at your local USPS office for info on how to do that. NOTE: There is a different address to use if you send the package using a private courier like UPS or FedEx.

I did that! Now what?

You wait. First, my spouse and I both received notifications that our forms had been received by the USCIS. Shortly after that, I received notification of an appointment to have my biometrics taken (fingerprints). The form states that you can reschedule this appointment if necessary. Roughly a week after I had my biometrics taken, I received an appointment for an interview, which was in just a few weeks time. You are NOT able to reschedule this appointment unless you have a major medical emergency. I believe if you reschedule, you will significantly delay the application process.  Just a few days after the interview, I received notification that my application had been approved. The notice said that I would receive my Permanent Resident Card (Green Card) within three weeks. Because we have been married for less than 2 years, my Green Card is conditional. The conditional status remains for 2 years. Form I-751 MUST be filed within 90 days of the end of the 2-year period in order to have the conditional status removed.

The Interview

The interview with the Immigration Officer was very straightforward for us. If you apply based on marriage, your spouse MUST attend the interview. If either you or your spouse needs an interpreter, they must attend also. Your lawyer can attend if you have one. The interview appointment letter includes a checklist for everything that you need to take with you. We took everything that we could to help prove our relationship. This included:

• House deed, original and copy
• Joint bank statements, mortgage statements, utilities bills, and tax bills, originals and copies
• Photographs of us with friends and family from throughout our 8-year relationship
• Wedding albums
• Transcript of a speech from our wedding that talked about how we met
• E-mails from the beginning of our relationship

We were not asked anything too difficult, and it felt quite informal. We discussed how we met, the photos we provided, our wedding, and where we worked. It only lasted 30 minutes. She did not tell us whether she was going to approve our application or not.

I have questions that you didn’t answer!

I am happy to try to answer any additional queries you have. I have devoted a lot of time to this process and I would like to help others in the same situation. Please contact me with your situation and questions. However, I am NOT a lawyer and I can only speak to my own experiences: I was on a J-1 visa for 3 years under the designatation “research scholar.” After that, my employer petitioned for me to have an H1-B (temporary worker). I applied for a Green Card based on marriage to a U.S. citizen. I cannot answer questions about anything else!