The long road to permanent residency
Before I even met my American husband, I already knew that the US was known as ”one of the hardest countries to immigrate to”, which didn’t make sense to me considering it’s a truly immigrant country.
I’ve heard the stories of many undocumented immigrants, hard-working people who have been living here for ages, but still didn’t have documentation to prove they were legal. I’ve heard about kids being separated at the borders, families being torn apart, and people getting deported.
To be honest, I have never thought about moving to The States. It wasn’t until I met my now-husband, spent a fair amount of time in the US and got engaged to him, when I actually started considering migrating. The idea of being an ”immigrant” was intimidating, but none of my friends here ever made me feel like I wasn’t one of them. While I love them for it, many of them don’t know how hard it’s been for Sam and me to get settled here. For people who aren’t directly involved in it, the whole immigration process seems very abstract and complicated. Still, I’d like to point out that I am only one of the approximately 690 thousand people each year, who will obtain a green card through a family connection in the US. About 45 percent of all green card holders have obtained one through marriage.
In this blog I’d like to shine some light on the complex immigration system by sharing my own immigration timeline. We all know 2020 was a challenging year to get anything done because of the pandemic. Especially here in the US, as it marked the end of the Trump administration which had a major impact on the immigration process. Immigration during Covid-19: How did things (not) work out for me? Find out below!
K-1 Fiancé visa
Step 1: Filing the Petition (I-129F) – 91 Days
We started this process April 16th 2019, about two months after we got engaged. Sam, the petitioner, ‘requests’ to start the fiancé visa processing by filing a petition. It’s a couple of pages long, containing mostly basis questions about our personal information, past addresses, past employers, information on our parents, that sort of thing. About a week later we received our first NOA (Notice of Action), stating that USCIS had received the petition. July 22nd our petition was approved!
Step 2: Interview at American Consulate – 211 Days
After the petition approval, the case was forwarded to the NVC (National Visa Center), and then forwarded to the American Consulate in Amsterdam. This took about two months, and I received a letter on October 7th with instructions on the required medical exam and scheduling the interview. I needed to prepare some documents that took time, such as a Certificate of Conduct from Japan (Because I lived in Japan for over 6 months) and my birth certificate. I had my medical in the second week of November, which I did consider to be a bit invasive and very overpriced. The results weren’t in by the time I had my interview, which was November 19th, so that led to an temporal denial. The interview itself was not as hard as I expected it to be. There were a lot of very personal questions about my life and relationship, but if you have a legitimate relationship I don’t think you have anything to worry about. When the interviewer asked me ”when have you last seen your fiancé”, I answered with a smile ”Well, he is right outside”. Even though I didn’t have anything to worry about, it is still nerve-wrecking: Some outsider is evaluating your relationship and determining whether you have a future with him or not. That feels so strange! I finally got my visa December 13th, well on time for our set wedding date.
Adjustment of Status
Step 3: Get married and file for Adjustment of Status
The fiancé visa lets you enter the US for the sole purpose of marrying your American spouse within a 90-day timeframe. Our wedding date was February 26th 2020, and we ended up filing the Adjustment of Status in early April. I do not recommend waiting this long to file: get it done sooner rather than later, and DO consult with a lawyer if you can. I prepared the package all by myself, and even though I was very meticulous I still missed some essential forms and rules. This ended up delaying the process till June 5th, which is our official processing date. By then, I had already been living in The States for half a year, but wasn’t any closer to having rights. Yes – you have no rights once married to your spouse. That 211 day process I described above to obtain the K-1 visa? That was ONLY to be able to legally get married to a US citizen and then apply for permanent residency based on your status as a spouse. While waiting for your Adjustment of Status, you are not able to work, not able to get a drivers license and drive, not able to open a bank account, not able to make any money, not able to travel outside of the country etc. The Adjustment of Status includes many different forms, such as an Affidavit of Support (financial sponsor), an I-131 Travel Document to be able to leave the US and be allowed back in, and the I-765 Employment Authorization Document. All I could do was wait and it felt like forever. USCIS was dealing was an insane backlog that built up during Trump’s presidency, and on top of that many USCIS employers were furloughed due to the pandemic. The waiting times kept increasing, and it took another 6 months to finally hear something.
Step 4: Biometrics Appointment at local office
In December I received a letter stating that my biometrics appointment was scheduled for January 5th 2021. They had resumed these appointments with Covid regulations in place, but it did feel uncomfortable to have someone take my picture in close proximity, as well as touch my hand and fingers to get the fingerprints done. I was definitely feeling anxious about it.
Step 5: Approval of Employment Authorization Document – 287 days
March 19th, after several calls to lawyers and letters to Senators, because I honestly thought they had forgotten about my case, I woke up to an email saying my work permit was approved. The wait was over!! The relieve I felt this day was surreal. I was finally, FINALLY able to work, earn money, get a social security number, open a bank account, get an Oregon ID, get my driver’s license, look for jobs: the opportunities seemed endless!
How crazy right, things that anyone takes for granted but that were taken away from me for so long. It felt like everything was finally falling into place. To be honest, it was quite overwhelming once I had my work permit in hand. In the week after, I received my social security number, opened a bank account, signed my work contract, applied for some other jobs, went to the DMV to get an Oregon ID, and scheduled my Covid vaccine (more on that later).
Step 6: Green Card Interview – 318 days
We received our Interview Notice March 11th, and the date is set for April 19th. During this interview, USCIS might go over any and all documents already submitted, question you about them, but most importantly; they ask you for proof of a bona fide marriage. This interview requires both of us to come in with a folder filled with documents, and it’s really up to us to present them with whatever they need and ”pass the test”. Even though I’ve read many stories of green card interviews, I am still nervous, just like I was for the fiancé visa interview. The idea that someone who has no knowledge of your relationship is supposed to make a decision that will determine the rest of your future together is intimidating, to say the least.
The downside of the interview is that you have to go over all of the already submitted documents again, and bring copies just in case, which takes a lot of time. It also requires another medical exam, which you have to pay a fair amount of money for.
Within 24 hours of the green card interview you should hear about their decision: approval, denial, or under review. The green card itself doesn’t really grant me more rights compared to having just my work permit, except I will now be eligible for any stimulus checks (in case Biden signs another Covid Relief Bill), and I will have obtained legal resident status in the US. This whole process doesn’t end with the green card, because spouses of US citizens will receive a 2-year conditional green card. After those 2 years, you can file to get your conditions removed, to then receive a 10-year green card. Within that same timeframe, you’ll be able to choose the path of citizenship and naturalize. All of these processes costs more money and time. It is a real commitment I’m making, but it is very important for our future together.
UPDATE:
I officially became a permanent resident April 19th, we got approved on the spot! I got a temporary I-551 green card stamp in my passport to use until my card comes in the mail. It feels absolutely surreal to finally be a permanent resident, and it hasn’t fully sunken in yet. Here’s a picture to show the relief and excitement when we came out of the USCIS office knowing I was approved.
The entire process from beginning to end (April 16th 2019 till April 19th 2021) will have taken us 2 years and 3 days, or 734 days.
In the end I can only say that it was worth it, but for everyone who is still in the middle of it: Stay strong and the best of luck. It is a stressful and stringent process that certainly takes an emotional toll on the immigrant and their spouse. Hopefully this blog while help everyone understand a little better what the process entails and what the most challenging things are for people who are going through this.
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Well Rosanne, that is very difficult process. You have to beliefe that there is a positive result. Congrats, and stay happy.
Herms
Hi Herms!
Definitely difficult, but in the end all that matters is that we can be together. It’s been a test of patience, but I do feel like I gained some valuable life experience from being in this situation. The end is in sight!
Greetings from Portland!