Tag Archives: International Spouse

Filing for a Green Card

Gori Wife Life wrote a post today about her ordeal with her husband’s Green Card application. The poor American/Pakistani family suffered through the process for about four years before her husband’s card came in the mail. Today he was naturalized as a US Citizen (congrats to the GWL family!)

It’s so challenging because some people get through the process quickly with no problems (I’ve heard the “oh, it only took me four months” stories), and some people seem to hit every road block known to man (like GWL).

As an international student advisor I’m used to working with USCIS on a daily basis. In particular I interface with USCIS’s SEVIS system almost every day, and I help students file their OPT and CPT paperwork along with visa and travel advising, etc. I am not an immigration attorney, so I am not versed in every immigration status, but I feel pretty comfortable with the student statuses and paperwork I am generally responsible for. Yet even for someone who considers themselves a “student immigration specialist,” compiling a green card application can seem daunting, heck, let’s me honest, downright scary. Heaven forbid if you make one small mistake on the form, it could hold you up for ages in red tape.

I spent the first two weeks after our wedding organizing P’s Green Card paperwork. I compiled a cover letter listing all the documents needed for the application and it was literally two pages long. I contacted my mother for an “affidavit of personal knowledge of the bona fides” of our marriage, and her response was, “What? What in the world is that?” I sent her my cover letter detailing all the paperwork and she couldn’t believe it… “This is to become a citizen?” she asked. “No—just a permanent resident!” I responded.

In fact, I think it is hard for us “American by birth” people to realize how complicated the “Getting to America by other means” paths can be. I was talking once to an uncle about what P and I have to do after marriage. He thought that simply marrying an American was enough, that your marriage certificate pretty much guaranteed your new American citizenship. Whaaa? Maybe back in 1850. Or my Grandmother, who used to tell me that she wouldn’t marry my Irish born Grandfather until he became an American citizen. That was back in the early 1950s. A very different,  and  a few layers of red tape earlier, time in the US immigration world.

I was nervous when compiling P’s info because I was afraid I would leave something out. Luckily I occasionally work with an immigration attorney through programming at my university, and over a dinner earlier in the year he offered to quickly check my cover letter and offer suggestions if he saw any gaps in my documentation. I was relieved to have a second set of eyes double checking my work. So I thought it might be helpful to others in a similar situation if I put my laundry list of documents here.

I have to add the caveat that USCIS forms can change, so depending on when you are reading this fees or requirements might have changed. It is always important to carefully read through the instructions for each form before you start filling out paperwork. Also, USCIS is very picky about whether the version of the form you are submitting has expired—so double check that the forms you submit are current (dates are usually in the top or bottom right hand corner– trust me, I had a student’s I-765 returned because the form expired a month before even though not a single line of information on the form had changed). Lastly this Permanent Resident Application is based on an F-1 Student to PR Change of Status, not an H1B –>PR, so your significant other’s situation might also require additional/different paperwork as well if he/she is in a different status than my significant other.

So—what applications did I need to file?

The main three are the I-485 (Application to Register Permanent Residence or Adjust Status), the I-130 (Petition for an Alien Relative), and the I-864 (Affidavit of Support–did you know if you sponsor your spouse you are pledging to take care of them financially for ten years, even if you divorce!).

I also included an I-131 (Application for a Travel Document) and an I-765 (Application for Employment Authorization) because the forms are free if you include them with your I-485 and $360 and $380, respectively, if you file them separately, plus we would ideally like to travel later in the year.

The I-485 also requires an I-693 (Civil Surgeon Medical Examination and Vaccination Record Report). This must be filled out by an approved civil surgeon and the documentation must be given to you in a sealed and initialed envelope or it will not be accepted by USCIS. You can search for a civil surgeon near you HERE.

The I-130 and the I-864 are essentially the American spouse’s paperwork, while the I-485 is the foreign born spouse’s paperwork.

The Cover letter:
(I like sending cover letters with immigration documents to keep everything organized:)

July 25, 2011
RE: P’s I-485 Application for Permanent Residence
To Whom It May Concern:

Within this packet are all the documents for P (A # ___-___-___)’s I-485 Application for Permanent Residence based on C’s I-130 Petition for Alien Relative through marriage.

Included here in:

I-130

  • 1 passport sized photo for C
  • 1 passport sized photo for P
  • $420 Filing Fee
  • Form G-325A (Biographic information) for C
  • Form G-325A for P
  • Form G-1145 (E-Notification of Application/Petition Acceptance)
  • Copy of C’s US birth certificate
  • Copy of C’s US passport [optional]
  • Copy of C and P’s US marriage certificate
  • Copy of our joint lease agreement [optional- although they like proof that you live together or have shared financials]
  • An affidavit of personal knowledge of the bona fides of C and P’s marriage from C’s mother Mrs ________[optional]
  • An affidavit of personal knowledge of the bona fides of C and P’s marriage from P’s father Mr. ________[optional]
  • Picture samples from C and P’s July 10, 2011 wedding[optional]

I-485

  • 2 passport sized photos of P
  • Biometrics fee $85
  • Filing fee $985
  • Sealed I-693 Medical Examination Form
  • P’s Form G-325A
  • Form G-1145
  • Copy of P’s Nepali birth certificate and a certified translation
  • Copy of P’s passport ID page and US visa page
  • Copy of C and P’s marriage certificate
  • Copy of P’s I-94 card
  • Copy of P’s most recent Form I-20 [not asked for, but recommended by the immigration attorney]
  • Copy of P’s unofficial phd transcript [not asked for, but recommended by the immigration attorney]
  • Form I-864 Affidavit of Support (see below)

I-864

  • Recent promotion letter with updated salary information from C’s employer [optional]
  • Six months of C’s work pay stubs
  • Copy of C’s Federal Tax Form 1040 and W-2 (2010)[REQUIRED]
  • Copy of C’s 1040 (2009)[optional, but the immigration attorney said that if you don’t submit the previous three years tax forms initially, but just the required first year, they generally ask for the two previous years anyway, so better to just send from the beginning to have less delay in the processing time]
  • Copy of C’s 1040 (2008)[optional—see above]
  • Copy of C’s most recent bank statement [optional]

I-131

  • No fee—filing with I-485
  • Form G-1145
  • Copy of P’s passport ID page and US visa page
  • Copy of P’s most recent I-20
  • Letter from P explaining the nature of his travel [phd research data collection]
  • 2 passport sized photos of P

I-765

  • No fee—filing with I-485
  • Copy of P’s I-94
  • Copy of P’s passport ID page and US visa page
  • Copy of P’s previously issued EAD
  • 2 passport sized photos of P

If you require any additional information please contact P at (___-___-___) or____@____.edu or C at (___-___-___) or ______@_____.com.

Sincerely,

C & P

—–

So the forms have been officially sent. Wish us luck in the process!