A Small Worm in the Big Apple

Monday, March 27, 2006

How to Apply for Permanent Resident Status in the USA

It's time I outlined the process get permanent resident status (aka Green Card) here in the US. Remember that I'm married to a US Citizen, so presumably this is about as 'easy' a relationship as one might expect.

AUGUST 2005
Toby files I-130: Petition for Alien Relative. (Cost: $185US)
This begins the process to bring me legally to live and work here in the USA. The forms include 5 copies of biographical information (Form G-325A), including our parents' names and birth places, our last 5 years of residences, and education history. We're also required to send 2 passport photos for each of us ($20 US).

SEPTEMBER 2005
Toby receives I-797C: Notice of Action.
This form essentially says that the I-130 has been received and the processing of it has begun. It allows Toby to take the next step.

OCTOBER 2005
Toby files I-129F: Petition for Alien Fiance(e). (Cost: $170US)
This form, although originally designed to be equivalent to the I-130, but for fiance(e)s, is now required to begin the expedited process for Temporary Permanent Resident status for foreign spouses (K-3 Visa) and children (K-4 Visa) of US Citizens. It includes another 5 copies of the same biographical info required for the I-130 (which we didn't have the foresight to have photocopied, so got to fill out by hand yet again), and another 2 sets of passport photos (for another $20 US).

OCTOBER 2005
Toby receives another I-797C: Notice of Action.
It says that the I-129F has been received and will take 60-180 days to process.

NOVEMBER 2005
Toby receives another Notice of Action, which requests a copy of our full-sized marriage certificate; the wallet-size certificate was insufficient for their visa process. Toby replies promptly with a photocopy of the larger certificate.

DECEMBER 2005
Toby receives a notice that my visa application (i.e. temporary permanent resident status) has been approved, and that I should receive a package in the mail shortly. Amazingly, since I am living in Toronto, my application is being processed at the Vancouver Consulate.

JANUARY 2006
I receive the visa application package. It requires more biographical information forms, plus instructions on other stuff I need to collect. I fax in my initial form immediately. I get vaccinated against mumps, measles, rubella (ouch #1), and diphtheria, tetanus, and pertussis (ouch #2). Cost: $160 US. (Wouldn't it be horrible if the US was paralysed by widespread measles because *I* didn't get immunized?!)

JANUARY 2006
I'm in Toronto to acquire the requisite documentation. I go to the Toronto Police Commission to get a nation-wide criminal background check. This arrives within several days (Cost: $27 CDN). I have a 7am appointment with one of the 4 approved US Immigration Inspection physicians in the Toronto-area (Cost: $180 CDN). This includes: physical exam, chest x-ray to look for tuberculosis, and blood work to test for HIV/AIDS and hepatitis. In several days, I return to the doctor's office to pick up my results in a sealed envelope, plus the extra-large x-ray negative which proves to be a pain to cart around. I also get 10 passport photos taken, since it is unclear whether I need 5 or 8 or 10 photos for the interview and application. (Cost: $40)
After collecting all these things, I fax another form to the US Consulate in Vancouver to say I have all the required documentation, and that I would like my visa interview the first or second week of March.

JANUARY 2006
I receive a package asking me to appoint a Choice of Agent in the US to receive mail (since mail in foreign countries may be less reliable) regarding my Permanent Resident Application. I file form DS-3032: Agent of Choice, appointing Toby to receive my mail, and include a cheque for $100 US to cover the cost to process this information.

JANUARY 2006
Toby receives notice in the mail that he has been appointmed by me to be my agent. He must file the Immigrant Visa Application Processing Fee Bill and get a money order for this fee. (Cost: $380 US)
In addition, Toby is required to file I-864: Affidavit of Support, claiming he is willing to support my becoming a Permanent Resident. Why the original petition is not indicative of support, we have no idea. (Cost: $70 US, money order required)

FEBRUARY 2006
I receive notification of my visa appointment in Vancouver will be March 10th at 10am. I am reminded to bring along all required documentation, blah blah blah. I fly to Calgary (with stopovers in Toronto and Vancouver) (Cost: $189 US) to attend Jen's and Bob's wedding at the end of February.

MARCH 2006
As mentioned in my last blog post, I take a bus to Castlegar and then to Vancouver (approx. $175 CDN). In Vancouver, I attend my interview (Cost: $100 US), get fingerprinted using an optical scanner, and receive my K-3 Visa. Hurray! I'm now allowed to live in the US. The visa is a cool-looking printed form attached right into my Canadian passport. Very official-looking indeed!
I was told by the Toronto approved physician that I'm to bring my xray, but others being interviewed that morning were told that it is the customs officials when you cross the border with your visa who require the xray. I've dragged this annoying negative across the continent and no one wants to look at it. Oh, except friends who find these things fascinating. (=

MARCH 2006
I fly from Vancouver to Baltimore (with stopovers in Las Vegas and Houston) (Cost: $494 US) to meet up with Toby after nearly a month apart. At the Vancouver airport, I have more paperwork to file. The customs official receives a sealed package from the US Consulate, which I have hand-delivered. I am then required to bring all the paperwork and my luggage and that damn x-ray to a special Secondary Inspection Room. Here, more border officials process my paperwork. It takes approximately 30 minutes in total, and NO FEES! I do have to get my right index finger printed, using a real ink pad. (Makes me wonder what they'd do if I were missing my right index finger?) And I get form I-94: Departure Record stapled into my passport.

MARCH 2006
I file I-765: Application for Employment Authorization. (Cost: $180 US). This form requires copies of my passport, visa and I-94. I also need to include two passport photos ($10 US). I should hear back within 90 days. Hopefully I'll be authorized to work (get my Employment Authorization Document), which will then allow me to apply for my Social Security Number. With the SSN (equivalent to the Social Insurance Number in Canada), I'll be able to apply for work, get a bank account, get credit cards, etc.

MARCH 2006
I go to the local Immigration Office on Manhattan to inquire about filing for an "adjustment" to my status. I'm not certain, but I believe this form allows the evidence presented for my K-3 visa to be used towards my permanent resident application. I'll let you know as I'm about to fill this out soon.
Toby also needs to file back taxes in the US (of which he will have none, but the paperwork must be filed) to add to his claim of supporting me as a permanent resident. I wonder what they'll make of his ability to support me, since he hasn't made any money in the US for the last 8 years?!


There, you are now up-to-date on the workings of the US Immigration system. There are so many passport photos of us around, I feel like every second US bureaucrat ought to have a copy on their desk by now! The fees are also horrendous. And I'm sure there the rest of the Permanent Resident application process will cost as much as the whole thing has cost so far. Blech! I'd better be able to work soon so we can start recouping the costs of the visa/green card process! I've probably forgotten a step or two, but I think it's mostly here.

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