Legal Immigration to America: What to Expect

When I emigrated to America in 2002 I did so for one sole purpose, so that I could marry my American fiance. We had known each other for almost 4 years and had been dating for nearly 3 years. We met when he was stationed near my hometown in the UK and we became instant friends, with a lot in common. Neither of us had intended to get married. We thought of each other as friends for almost a year before we started to look at each other differently. I was upset when he was transferred back to America, but we stayed together and kept in touch. We spoke of marriage and decided this was what we both wanted and were ready for. Now came the fun part!

Getting ready to marry in America

If a couple decide to marry in America, then the immigrant must be sponsored by their fiance(e) to enter the country and marry within 90 days. This petition for the "Alien" Fiance(e) will cost $170 and is form I-129F. The sponsor will request a visa and then wait for this petition to be approved before any further plans are made. Our petition was approved in less than two weeks. The sponsor must also fill in an Affidavit of Support, which is form I-864, to prove that the immigrant will not be relying on state funds for survival. This form is free!

A trip to the US embassy

The next part of it was down to me. I had to fill in forms and then go to the US embassy in London for a medical examination, HIV test and interview before I could receive my visa. Remember that unless you have an appointment letter inviting you to come to the embassy, you will not normally be allowed in. You will also be subject to a thorough search and large bags and unnecessary items will not be allowed into the building. Leave your make up, water and food behind. I wondered why I had to undergo so many tests, but I knew it was all a means to an end. I had to prove I was in good health and fit to travel. I would advise any other immigrant to be well prepared for the interview. If an interpreter is required, then have one with you at this stage. Immigration officials are not trying to trip you up or trap you in any way. They really want to ensure that you know about your prospective spouse and that you do not intend to contravene immigration laws by entering into a marriage of convenience. So be armed with dates, facts and figures. When was your fiance(e) born? When/ where did you meet? How long have you been together? It might also be a good idea to take along photos of the two of you together, to show that you have met and know each other. It is only after a negative HIV test result comes back that the embassy can approve your visa and you are free to travel. If, like me, you are not completely up to date with your vaccinations, then make sure you are before you travel. I needed to update my MMR vaccination. I did not want to pay an extortionate fee for this at the embassy, so I received the MMR at my local doctor's surgery for free. The National Health Service (NHS) isn't all bad! I had to have it transcribed onto a form I was given from the embassy. So keep all records up to date prior to travel.

Moving to America

The day finally arrives and you are boarding that plane and heading over to be with your fiance(e). With your carry on luggage, make sure you have all documentation that you received and had with you at the embassy, forms, passport and any other necessary information such as educational attainments and certificates. When you reach your first port of call, an immigration official will likely take you off to one side and check your documentation, take your fingerprints (get used to this) and ask you some questions. This is not the time to start panicking. Just answer the questions to the best of your ability and you will soon be on your way. As long as you have all of the required domentation with you then you should have no problems entering the country.

Fulfilling immigration requirements

As a condition to entering America on a fiance(e) visa, you swore an oath stating that you would marry within 90 days of your arrival. If you fail to do this, you will be subject to removal from the country. Deportation is an ugly word. But a promise is a promise and it is up to you to keep it. So make sure the venue for the marriage is already booked, the dress is ready, invitations sent out, and accommodation is planned for family and friends who will be in attendance. It is not wise to leave all this for after your arrival. It is very tempting to prepare and get everything done as a couple. But look at it this way. You trust your fiance(e) don't you? You both know what tastes you like and what you want. So do all your talking and planning prior to your arrival. The end result should still be pleasing if you have planned carefully and made sure to consult each other. Even finer details need to be ironed out. I remember my husband asking me if I wanted white or yellow roses in my bouquet. I instantly knew I wanted white. But it is the little things that can help make all the difference.

Marriage

I was married to my husband 9 days after my arrival, with our family members and some friends present. So even though my husband had taken care of the bookings, our outfits and the location, he had made sure to consult me first. Once you are married, be sure to fill in the next set of paperwork, form I-485, which is $325 and is your Aplication to Adjust Status. Send in a copy of the marriage certificate (not the original) which is proof that you fulfilled your promise and were married within 90 days. After the visa expires, do not panic because you have not received your Permanent Resident Card (Green Card). It takes time! We had just celebrated our first wedding anniversary before we were both invited along to an interview and I received my Green Card. Again, at this stage, take along evidence of your marriage. Show wedding pictures, joint bank account statements, marriage certificate, joint insurance papers and other documents with both of your names on them. This will help satisfy immigration officials that this is a legal marriage and also a legal immigration. Before leaving, you will be told that your new card is valid for 2 years and gives you Conditional Permanent Resident status. This basically means that you have to stay together and prove at the end of it that your marriage is legal. Any couple who divorces within this 2 year period will be treated with suspicion. You could be deported if immigration officials believe the marriage was false. Before the end of the 2 years, you must file form I-751. This costs $275. You file this form to remove the conditions on residence and be granted full rights as a Permanent Resident. You will now have similar rights to American citizens. The only things you cannot do is vote in government elections or hold a government job, such as become President of the United States. This card will be valid for 10 years and will need to be renewed at the end of that time, unless you decide to become a naturalized citizen.

Coping with frustration

One thing that you will quickly learn is that immigration is a very long and slow process. Just because everything is in order and good to go does not mean that you will receive the benefits you have applied for quickly. It can take months, perhaps longer to receive what you have been waiting for. Be patient. If you suspect there is an error, yours or from immigration (it happens, believe me) then call them or write to them right away so that it can be sorted out. Above all, try not to let the process of immigration get to you too much and stress you out. It is not easy and you do sometimes feel that you are on trial and your case involves proving you are a genuine couple with a future, rather than a couple of fraudulent criminals. You will not always feel this way. It will get better. Your spouse is also going through a hard time, so do not neglect them. They are just as concerned as you are that everything has been done correctly. After all, they don't want to see you deported back to your home country! Talk about how you feel and support each other. It will bring you closer together as a couple and help you cope better with other problems in your life, that are not necessarily related to your immigrant status. There is life after immigration, so live it!

Social Security Card and employment

You will be eligible to apply for a Social Security card immediately after your marriage. Take along your marriage certificate, birth certificate and passport as means of identification and you should receive your Social Security Card within a few days. Immigrants who wish to work upon arrival in America will not yet have the status of Permanent Residents, so will require a Work Permit (Employment Authoriztion Document - EAD, form I-765). Apply online by going to www.uscis.gov and downloading the form or file online. This will cost $180.

Being outside America for more than one year

Unless your spouse is a member of the Armed Forces or a Civilian working for the government assigned overseas, you will not be able to live outside America for more than twelve months without first obtaining a Travel Document, form I-131, which currently costs $170. This will be valid for two years. Failure to fulfil these requirements could mean you forsake your status as a Permanent Resident. Be aware of the requirements before you make the move. I was able to spend three years outside America after I received my Green Card because my husband is in the Armed Forces. I recently returned to America.

Change of address

Each time you move, you must inform USCIS of your change of address within 10 days of the move. You do not have to pay to do this (just a stamp!) If you become a naturalized United States citizen later on, you will not need to provide any further changes of address.

What next?

You have spent time, money, resources and made every effort to fulfil immigration laws. The Permanent Resident Card is in your possession and you are relieved it is all over with. It is law that you must carry your Permanent Resident Card with you at all times. No one said it would be easy to get to where you are now. But you have made it. You have earned it. You can now come and go as you please between borders, enter the "US citizen and Permanent Resident" line when returning to America and enjoy similar rights to US citizens. The effort that you and your spouse have been through may have seemed endless, stressful and intrusive. Remember why you are here, to be with your spouse and to live contentedly with them, just like any other married couple. So long as you have done everything correctly and legally, you will have nothing to worry about. At the end of this process you will be armed with a wealth of knowledge and information on immigration laws and issues and be able to help others who may be in a similar situation to you. Reach out to others if you are able to do so. You will be glad you did.