Final Green Card timeline

[TrueBrit]

Got the Permanent Resident Card in the mail today. It took 84 days from when the USCIS received our application (February 19th priority date) until May 14th for the whole process to be completed. Good luck to everyone else, hope you have a smooth process too!

04/2005 Marriage USC and H1B holder (UK Citizen)
02/16/07 I-130/I-485 and I-765 mailed to Chicago Lockbox
02/19/07 Priority date
02/26/07 I-797C Notices sent from MSC
03/01/07 I-797C Fingerprint notice sent for I-485 and I-765
03/15/07 I-797C Initial Interview Notice sent (I-485)
03/17-07 Fingerprint appointment
03/20/07 I-797C Fingerprint notice received (so I missed the appointment)
03/23/07 Interview notice received for I-485
03/30/07 Appointment scheduled through Infopass with local USCIS office to reschedule biometric appointment
03/30/07 Fingerprint appointment at local ASC
05/02/07 I-485 Interview and approved
05/03/07 I-485 Welcome Letter sent
05/03/07 I-130 Approval Notice sent
05/04/07 I-765 EAD card production ordered
05/08/07 I-765 Approval notice sent
05/08/07 I-485 Green Card production ordered
05/09/07 I-765 EAD card received
05/10/07 I-485 Welcome Letter received
05/10/07 I-130 Approval Notice received
05/14/07 Permanent Resident Card received

[kkboy]

nice

kudos ! that GC came in fast..under 10 days, very nice !!!

Just like Gandalf said to Frodo (well similar) ..." keep it hidden, keep it safe....the precious !!!"

[Nini]

Congratulations!

Did you process all those forms yourself, or did you go through an attorney?

[TrueBrit]

Application forms and attorneys

We went to the USCIS.GOV website, downloaded the forms, starting with the I-130 and then figured out which others we needed (I-485, I-864W, G-325A and I-765) and then filled out the online versions, printed them out and sent them off to the Chicago lockbox with the supporting documents using USPS recorded delivery so we could make sure the documents found their way to the USCIS lockbox successfully.

If I did it again with the benefit of 20/20 hindsight, I'd drop the I-765 and save the filing fee as it was redundant by the time it arrived. We'd thought the I-485 marriage based adjustment of status might take a few more weeks/months to be adjudicated, but as it turned out, the EAD card showed up about 4-5 days before the Permanent Resident Card and the latter takes precedence.

The form filling just requires a bit of peace and quiet to read what's on them, figure out what they're asking for and a little time to compile the supporting documents like birth certificates, photos, tax returns, bills etc. If your case is straightforward I really can't see a reason why you'd need to go the expense of an attorney since all they're really doing is walking you through what is already specified on the forms. The USCIS website is quite straightforward and has all the information you're likely to need, including advice on how to compile the applications before you submit them. The more time consuming part (that would actually be worth paying someone to do) is the compilation of the supporting documents (birth certificates etc.) and that's something you and your spouse can only do anyway. Take your time, double check what you've done before you submit for completeness and you'll be fine.

Outside of downloading and completing the forms, the only other things we did was photocopied some of original documents tnat we had to submit with the application forms, visited Staples to get some self adhesive divider labels and the metal ties that held each application together with. After that it was off to the post office to mail it and a short wait while the confirmation letters came back from the USCIS. Once you have the confirmation letters, you can set up a Customer account on the USCIS website using the MSC numbers and track each of the applications where the USCIS sends an email to you as the cases progress. All that you then do is wait for the Biometrics interview, go along to that to have your fingerprints and photo taken and wait for the Adjustment of Status initial interview and attend that with whatever they ask you to bring along (passports etc.).

I've had visas to work in the US over the past few years and this process was far less demanding than the H1-B or L1 work visa process (which my company hired an attorney to attend to on our behalf).

If you get stuck along the way, this website is a great resource and there are sample forms on the v i s a j o u r n e y. c o m site which show you how to fill in the forms.

[Nini]

Wow thank you so much, that was such a thorough response!

Our case is I think pretty straightforward, besides the fact that I did not have a fiancee visa to get married. It happened completely out of the blue, so it is really an adjustment of status. Your experience really comforted me, I am going to feel more comfortable with this whole thing now. As you can guess the attorneys made it seem like it was SOOOO risky to do it on your own... as long as they get your money, integrity comes second!

Just one last question: can you make one check compiling all the fees for all the different forms?

Thanks a lot again,

Nini

[TrueBrit]

Separate checks

Nini

The checks for each application cannot be combined. You need to send a check for the I-130, I-485 and also the $70 Biometric fee. If you're filing an I-765 Employment Authorization or an I-131 Advanced Parole then you'll also need a separate fee for those, however you'll only need one Biometric Fee even though the I-485 and I-765 both require the biometrics to be taken.

In your particular case, since the marriage happened when you'd entered the country on a visa waiver (green I-94) there may be a grey area since I think one of the things on a visa waiver is that the non immigrant (you) indicates that you're not planning on adjusting your status.

I suspect that provided you haven't overstayed your 90 day visitor visa period (the time from when you entered the US) before you submit the papers to the USCIS and receive your priority date, you should be OK since filing the I-130 and I-485 provides a 'grace' period allowing you to remain in the country after the initial 90 days while the USCIS decides on the Adjustment of Status. If it has been longer than 90 days since you entered the country then a lawyer may be a good choice as the USCIS could deem you to be in the country illegally at this point even though you got married.

[Nini]

Well I got married only a couple of days before the end of my 90 days stay period, so yes I have overstayed for about a month now. The attorney we consulted with said we shoud not worry about that, as I was now married to a US citizen. I had not planned on getting married when I came here, and apparently whenever you get married after staying in the country for more than 80 days you are cleared of all suspicion of visa fraud (the fact of coming on a visa waiver but planning to get married)... which is a relief, because the process seems complicated enough already, I could not cope with being treated as a criminal on top of it!

I think there is a clause that says that if "life's circumstances" end up in your getting married while you were not counting on it, you should be fine (after inspection of course).

I am worried now about the overstay, but am hoping that it will all work out, since I am waiting for adjustment of status. They must see a lot of cases like mine, and if you do get married early not to overstay, you will get kicked out of the country and sent home on grounds of visa fraud so... I am keeping my fingers crossed

Thanks a lot for the info on the fees! This attorney we saw said we could combine them all in one check but somehow this did not sound right... I hope he did not give us wrong facts on other levels *sigh*

[TrueBrit]

You may be OK

Since you were dating for 3 years before you got married, you should have enough evidence of your bona fide relationship (pictures etc.). As far as the checks are concerned, separate checks for each application/service. You may have been able to make one check to your attorney (I don't know, they may have some special status from the USCIS that allows them to combine).

You should still be prepared to answer some questions about your unauthorized stay beyond the 90 days allowed by the Visa Waiver Program when you get interviewed. And you might want to get to know an immigration attorney just in case the interview goes badly and they place you in deportation proceedings for staying beyond your allowed period.

In any case, good luck.

[Nini]

Thanks a lot for your help and kind words!

I will make sure to locate a good attorney in case things should get complicated (brrr just the word "deportation" scares me)... and we will gather as much bone fide proofs as possible. And then we'll see!