Currently F-1, just married a USC, filing for Residency and Green Card

[Little_My 464]

Hi,

I am new to this site, and I'm already finding it extremely helpful. Since this immigration process ahead of us is a jungle of paperwork and legislation and forms and whatnots, I wanted to do a quick go-through of our situation to make sure I am on the right page with things and going about this the right way..

I am a Finnish citizen, and I met my husband 4 years ago in Kenya. I was doing an internship, he was working. We spent three months there together, both returned to our home countries, and about 2 months after that he flew to Finland. He stayed for almost 3 months, which is what he was allowed to be there for under the VWP, and then returned to the U.S. Soon after that, we filed for a resident permit for him in Finland, and were approved. His permit was valid for one year. During that one year, he would keep traveling back and forth between Finland and US, plus other countries, since he travels a lot for his work. We both work in international development.

I graduated in December 2008 from my uni in Finland, and applied for graduate programs. I got accepted to one here in New York, and started my studies in August 2009. I entered on an F-1, and was honest about my relationship to my american (then boyfriend) during the interview, since he was my financial supporter for the application and I could not really hide his existence. No problems getting the F-1, everything went very smoothly.

We got engaged about a year ago in Costa Rica, and started to plan a wedding for summer 2011 in Finland. Since then, we've also been trying to figure out what is the best way to go about my immigration process - i.e. should we hold on with the immigration paperwork and instead I would go for OPT, which would buy us another year, or forget about OPT and go for residence permit and green card.

We chose the latter, after consultations with my international student services office at my UNI (which I actually used to work for) and an immigration lawyer. Since I graduate in May 2011 and my F-1 expires in June, we didn't want to wait until our actual wedding in July to file for my paperwork, so we have now gotten married last Friday at NYC city hall, so we can start the process now.

Here is what we are doing (and please correct me if I am getting any of this wrong!)

1. File for I-485 Application to register permanent residence or adjust status

2. File for I-130 Petition for Alien Relative

3. File for I-131 Application for travel document (since I will need to leave in June to be in Finland for the wedding..)

+ all the supportive paperwork - biographic information, medical examination etc.

Now, I have a couple of questions..

1. Will the fact that we are filing now have any affect (in practice) on my current status as a student? I have asked this from the immigration lawyer as well, and if I understood correctly, my status will change since we file, but it won't affect my ability to stay and finish my studies, correct?

2. What type of supportive documentation do people usually accumulate to prove that the marriage is real? We have a ton of photos form the past 4 years, photos from city hall and a video of our wedding ceremony. If we get affidavits, who are good people to get them from? Will our parents do, or are they too "impartial"? We also have a joint account (fairly new though) and of course we have the residence permit of my husband from Finland that shows he was there, and the entry dates to Finland and time he spent there. We've also traveled quite a bit together, and can show proof of that through photos and passport stamps (and e-tickets..)

3. Does anyone know the average processing time for this type of an application? Will I be able to return here and start looking for work or start working before my green card is approved, or will I have to wait to get that? Can I get an employment authorization earlier?

I guess that is it for now.. Long story, I know, apologies for that I am sure I will come across a million other questions once we really get deep into this.

Thank you for all the great tips and info that is already here, it truly makes this process easier to handle!

[missaero 7]

Quick answers:

1) No, AOS does not affect you being able to complete your studies.

2) All of those documents you listed are useful. The big ones are marriage certificate (obviously!), joint finances, joint insurance. Pictures can be useful but don't overload the application with those.

3) Processing time from beginning to end depends on if you get RFE's, what office you apply to etc. The listed time frame for my local office is currently 4 months from beginning to approval (Green card).

4) You can get earlier authorization to work (other than that provided by GC) by filing a I-765. Your AOS I-485 covers the fees for both this and the I-131 so just go ahead and fill that out too. Just remember that the I-130, I-485, I-765 and I-131 should be filed concurrently to the Chicago lockbox.

Edited February 16, 2011 by missaero

[missaero 7]

Also, I forgot.. check out the guides here on VJ.

AOS Guide

[Harpa Timsah 13,258]

Want to concur with the above, everything looks good, your evidence looks good, you seem to understand the process. It's been taking 3-4 months lately for the whole thing. Good luck!

[Little_My 464]

Hi,

Thank you for the quick replies and reassurance This site is extremely helpful. I've been going through all the paperwork tonight, making a master list of what we need, and have a couple of questions more..

1. Do all copies (i.e. passport, visa, birth certificate) need to be notarized, or just marriage certificate?

2. Is there a list of acceptable translators in different cities? Or can I just randomly find a Finnish to English translator from NYC?

3. Do I need to find out from somewhere, if I can go and take care of the doctor's appointment on my own when ever (as long as the physician is from the USCIS list) or do I need to get a notification telling me to go after filing? I have booked an appointment with a doctor for next week, but read something that made me question whether I can just go, or do I need to wait to be told to go?

3. Is it usually hard to get the I-131 Advance Parole issued? My current status (F-1) expires in June, and I am planning to travel to Finland (if possible) as soon as I can after I have graduated in May, because we are having a wedding there in July and there is plenty for me to do in regards to that (and my husband will be traveling in June, and we plan to leave our current apartment in May to not pay futile rent over the summer months with both of us gone..)

-Should I try to get some proof from Finland that we are actually planning a wedding there (i.e. a letter stating we have a venue and church booked or something of sorts)? I would ideally be in Finland June and July, and return to the U.S. somewhere around middle of August.

Again, thank you for all the help

[Harpa Timsah 13,258]

1. Nothing needs to be notarized. You can send in photocopies of everything. The marriage certificate that you photocopy should be the real certified copy. but you only send in a photocopy of it.

2. There is no list is translators, and some people do it themselves and attest to their own language ability. I didn't know this when we applied, so I found a "certified" translation company by googling and they translated the document very professionally. It wasn't expensive, and they did it in one day. Do whatever you feel comfortable with

3. You should go have your medical exam before you send your packet. You must see a "Civil Surgeon," not a regular doctor. Civil Surgeons are regular doctors who have an extra certification to do immigration medical exams. They will fill out form I-693 and give it to you in a sealed envelope. You should send in this sealed envelope with your submission.

4. AP is routinely approved for pending I-485s. You don't even have to explain why for t to be approved. However, I do have a wrench to throw in your works (sorry!). You will have a mandatory interview in the US where both you and your husband are required to be present. If you plan to be in Finland all of June and July, I am going to guess that your interview will fall in there sometime. You would need to have someone checking your mail (and a permanent address, you can't have no place to live here) and also be ready to fly back to the US for your interview. They usually give you about a month's notice for the interview date.

Good luck!

[Little_My 464]

Cr**. Just as I was thinking that we should be all good for this process - had not even considered that the interview might, and actually probably will, happen during the summer months - nor had I thought about this permanent residence issue.

So, additional questions:

1. Can we move our address to a friends apartment? How does this work in the U.S? What establishes a permanent residence? Since we both will most likely be out of the States for most of the summer, it pains me to think we'd have to pay rent for those months with all the costs of this process AND the wedding.. and also, we are moving out of our current apt anyways after my semester, and the thought of having to handle search for new apartment and a move in May, with my graduation, work, his travel, our wedding.. Ugh. Chest Pain.

2. Is there ANY chance, assuming we will get this whole package in the mail by the end of next week (my appointment with a civil surgeon is scheduled for Monday next week), that our interview would be in May? What is the average time between submitting all the paperwork and the interview?

Uhhhhhh. I am telling you, getting my husband a work permit and residence permit for Finland will be a walk in the park compared to this process... But, anything for love, right?

[Myopia 93]

Just out of interest, where are going for your medical?

I got mine done last week and it cost $150 for everything including shots and blood tests. In in NYC.

[Little_My 464]

Oh, cheaper than where I am supposed to go! I picked up a couple from the list on USCIS site, called them, and out of those picked the one that was a) cheapest b) good location for me c) had openings that fit my schedule. She said it would be around $200-$240 with everything, depending on what vaccinations I need. I am pretty well covered with those, Finland has a comprehensive vaccination program and because of the international work I've done, I've had to get pretty much every vaccine there is.. and I got all my boosters before originally coming to the U.S. and have good documentation of that.

The doctor I was going to see is Dr. Lucy A. Sourial, close to Union Sq. Can you provide me with your civil surgeon's info?

[Harpa Timsah 13,258]

For permanent address, people often use their parent's or something (some place they have lived before). If his parents live in Alaska or something, then you'd have to travel there for interview and biometrics, so that wouldn't work. If they live nearer it's a possibility. I think a friend's might be a bit weird, how about opening a PO Box? You could open it now and get mail delivered there and put your physical address on your forms, but mailing address as the PO Box.

There is a very slight chance you could make it for the end of May... that's be 3 months, and some people have been that fast. However, I think NY is a bit on the slow side and more likely to clock in at 3.5 or 4 months for an interview.

Lots of planning is stressful! Good luck!

[cookieandcream 10]

I though USCIS doesn't deliver to PO box?

[Harpa Timsah 13,258]

I've seen Darnell suggesting PO boxes for people who have trouble getting mail at their address, so that's what I am basing it off of. I think it's good advice that the OP double check about the PO box thing, if she decides to go that route.

[Little_My 464]

Couple of more questions:

If I do travel to Finland in July (before interview), would I already have my AP? How long does that usually take? And, if I don't have it, I can't leave the U.S. right?

Then, if I do travel (with the AP), and then return to the U.S. for the interview in June or July, and assuming everything goes well and our application is approved, will they take my passport at the end if the interview? Or can it just be stamped? I would need and want to return to Finland ASAP after the interview, as we are having a wedding there which is quite a lot of work for me (especially given that I am here until the summer and not that much is getting done there..), but if they need to take my passport for the residence permit, how long will it take to get it back?

Sooo many things to consider. I am feeling light headed already, and we haven't even started yet..

Thanks again for all the advice. It is priceless.

[FinnAlb 0]

Cr**. Just as I was thinking that we should be all good for this process - had not even considered that the interview might, and actually probably will, happen during the summer months - nor had I thought about this permanent residence issue.

----------------------------------------------

Uhhhhhh. I am telling you, getting my husband a work permit and residence permit for Finland will be a walk in the park compared to this process... But, anything for love, right?

Um, I mailed in my package 02/01/2011 and my biometrics are scheduled for 03/08, so most like my interview will be about a month from that. So most likely your interview will be during the summer months. Sorry. I have pretty much exactly the same plans to be in Finland for the summer months and that's exactly why I wanted to get everything out in time.

I also second the lower part. It will be EASY to do this in Finland. Although, there is a little less people trying to get to Finland .

E: Oh, and once you have mailed in your package, you shouldn't travel until you receive your AP. I was going through other peoples' timelines, got the idea that it will take 2-3 months to receive the AP.

Edited February 22, 2011 by Mauzki

[Little_My 464]

Hi all, and thank you so much for all the tips and advice you've already given. It is all very useful. I have an additional question / concern, which only occurred to me after reading a post by someone else about this particular matter.. So, here is a short recap of our relationship history:

- Met in Kenya in 2007

- My American husband flew to Finland in July 2007 and stayed for almost 3 months under the VWP

- We got him a temporary residence permit, and during 2007, 2008 and 2009 he would spend as much time in Finland as he could (anything between a couple of weeks to over three months at a time)

- I applied for master's programs in the US for 2009, and got accepted to a program in NYC. In my interview for the F-1 at the U.S. embassy, I was honest about my American boyfriend, as he was my financial sponsor, and we were going to live together. The person interviewing me asked me about him, I answered honestly, and had no problems getting the F-1

- Moved to NYC in August 2009, we've lived here together since then

- got engaged in March 2010

- got married at city hall in NYC on Feb 11th, 2011

- about to send out our I-130. I-485, I-131 etc.

So, here is my concern: Since we got engaged last year, I have gone back home twice: In August 2010, and for Christmas and New Years 2010. I got back from my last trip around mid-January 2011, and a little less than a month from that we got married. So - should we expect to be suspected of fraud / misinterpretation since I returned under F-1 status, and we got married so shortly after that? This had actually not even occurred to me before. Our original plan was to wait until our actual wedding in July, but after consulting with an immigration lawyer in January we decided that it was better to get married legally here as soon as possible to get my paperwork filed. We have on problem providing them with a load of proof of a bona fide marriage - photos, plain tickets from trips we've done together, his stamps and residence permit from Finland, 5 affidavits from people here and in Finland, joint bank accounts, joint family phone plan, our plans for the July wedding in Finland etc.

So, what do you think? Problems ahead or no?