An American Perspective

Purpose

What

This site is intended to give a brief outline of the process my wife and I went through in getting married and getting a green card. It is written from the perspective of an American native who is married a Korean native. This site is not meant to provide legal advice or any tips for immigration. This also does not include any information about citizenship, since we haven't gone through it yet.

Why

We simply wanted to share the outline of the process (as it relates to our specific case), because having something to look at would have been a small comfort when we were trying to figure out what to do. Friends and acquaintances who haven't gone through the process often ask us what was required. Many people in America have gross misconceptions about how simple it is for a married couple to get a green card. Others feel like the immigration process is more sinister than we found it to be. We just want to record the process and put it up there for people to see.

To anyone interested in a more personal account of my time in Korea and our relationship, you can read my blog Look Mom I'm Going to Korea.

Beginning

Student

My wife and I had already met in Korea when I was a student there. She wished to come to America to study. This was the start of the process, but it was completely separate. She really did come to America to study, and that is an important issue. We didn't plan to get married at that time, and a student visa is not a good (or easy) way to get into America. If you just want to get married, there is a fiance visa (I-129F) you should look into.

To come to America She had to first be accepted by the American university. Then she had to have an interview (in Korea) with the American Embassy. The interview was conducted in English. The Interview went well and she was granted an I-20 student visa. Upon entering the US she also received an I-94 Entry Slip. This was stapled to her passport. It looks like a receipt and is quite small. I can not stress enough how important it is to keep a hold of this.

She attended classes every day and did well. This is important, because if you don't follow the terms of your visa (like not going to school when you're a student), they can deport you or at least hamper your immigration process later. When we wanted to visit her home, she had to receive permission from the school's International Office, which I assume notified the government. Upon reentering the US after he visit, she receive a new I-94.

Marriage

License

We decided to get married in mid-August. The first thing we tried to do was get a marriage license. To get the marriage license we had to know when and where we were getting married and by whom. I mistakenly thought that could be decided later, so we put that on hold and discussed things with our pastor. The state we are in requires a three day waiting period for a license, and the a justice of the peace wedding would have had to be scheduled about a month in advance. Apparently, people on TV eloping is a bit of an exaggeration. I guess that's only in Vegas. Anyway, we set the date, time and place, contacted friends and family, waited the three day waiting period and paid the fee ($50 at the time).

Ceremony

My family and our friends attended the ceremony. We took video and lots of pictures, and had a small but fairly traditional wedding. I think it was important to take lots of pictures and have lots of family and friends present because it helps show that the wedding was real and honest. During our Interview, most of the proof of our relationship came from discussing the wedding album with the officer. It's also nice to have those things, anyway, so do it!

Name Change

We were lead to believe that she should not take my last name until after immigration was finished. So we went forward with that plan, and only changed her name at the last stage of immigration: our interview. According to the Immigration Officer, this wasn't necessary, and we could have changed her name earlier. However, we have experienced no disadvantage to this approach, so far.

Immigration

We bagan the process of applying for her green card shortly after our marriage. The process took four months, which was faster than we expected. The most stressful portions were filling out the forms and the Interview.

Forms

There are many forms and sub-forms required for immigration. Some are quite expensive and long. I won't list fees because they change frequently, but the forms and instructions are available online for free. I will list the forms we had to fill out, and what they entailed. Be sure to read the form directions carefully. When we filled out the forms, we strove for consistency across forms, all forms were typed and we wrote in all caps. Oh, and keep copies of EVERYHING.

I-130

This is the form for me petitioning for her status (the American asking to get Green Card status for the foreigner). This form required I provide proof of my citizenship in America. There is a sub form (G-325) which just lists your family members. You have to list past addresses and jobs, as well, as part of I-130.

This form also asks for proof of relationship. This can include shared bank accounts, shared insurance, leases, pictures, letters, etc. We didn't have too much, since we hadn't been married long. It's also hard to get some of this stuff without a Social Security number already.

I-485

This is the big one. This is the foreigner's form to change their visa status. It involves the most questions. Birth certificates are required. Korean birth certificates are a four part deal, and we needed two parts to qualify as a birth certificate. These had to be translated and officially stamped (expensive and slow) in Korea and mailed to us. You can't translate things yourself, and anything that is in another language must be translated. She had to answer a bunch of questions about criminal background, communist ties, etc. I imagine that if you have a criminal record, this part would involve a lot more work, as you'd have to provide court documents.

Because we were married, she didn't have to wait or compete for a visa number. That part was nice. This is also when they ask questions like where you want to have the Interview. We also had to decide if she needed an Interpreter present, or any kind of handicap assistance. We chose to have the Interview at the official office for our area (not the closest) according to the USCIS phone system. We also chose to forgo the Interpreter.

I-768

This is the work permit. At the time we filed, it was free with the other two forms. This one wasn't too long or complicated, once you read through the instructions to figure out your code. This was also the first form to finish. She got her work permit card about a month and a half after filing, which was a bit of a surprise to us. The card (and her social security card) initially had restrictions, but after the Green Card was received, these restrictions seem to be lifted.

I-693

This was part of the I-485. It's a form for a medical evaluation. You have to find a qualified doctor, schedule an appointment and pay their fee. As such, the price is not set. We paid $250. his part went well. They had the form, and helped us fill out our part. It was nice that my wife had a good, well documented vaccination record, as that saved time and money. There is a Tuberculosis test involved.

I-864

This form requires the American to show that they can support the foreigner, financially. This was hard in our case, as we were students, and we needed joint-sponsors (in my case, my parents). This form asks for a lot of financial information. It's important that you filed taxes (even if you didn't make any money) and that you save payment information. The paperwork here takes up a lot, but the questions aren't difficult, just long.

G-1145

This form just says that they can email you updates on your case. It's super short and free.

Divers License

It's not a form, but having a driver's license is nice, because then you don't have to carry around your passport for everything. It's also nice to have yet another form of official ID to show people. This was considered a restricted license, but I don't know in what way it was restricted.

From I-131

There is also a form you have to fill out if the foreigner wants to leave the country in the middle of the green card process. I was told it was free with the other forms, but didn't fill it out. This would be important if you had sick relatives or a known need to head home. I would assume that it would take a while to get the form processed, if you didn't know in advance.

Biometrics

Biometrics was done after we sent the forms in, about a month later. This was required for both the I-768 and I-485, but doing it once sufficed for both. We had to go get her fingerprints and a picture taken. She wasn't expecting the picture (and I wasn't either, since we had to send about 4 passport-style photos each, with the forms). So make sure you look nice. This process was not difficult, and we got to use the closest Immigration Office, which was good.

Social Security/Work Permit

After a month and a half or so, we got her work permit card. As I said above, it was restricted at first. We were able to get a Social Security card (also restricted) with that, and a number. The number stays the same, even after restrictions are lifted, so it's better to get it early. It says that employment is with DHS (Department of Homeland Security) permission only. She didn't get a job in that time, so I don't know how permission is granted.

Interview

The Interview was in December, almost exactly four months later. To prepare, we read some possible Interview questions online. These questions made the process seem a lot more scary than it really was; though it may actually be that bad for others, or in other places. It should also be noted we didn't get an immigration lawyer at any point, and it may or may not be worth it for others to get one.

We went to the office, waited (we got there an hour early and the Interview started twenty minutes late). The Officer was nice, but also stern. He let me clarify statements. He didn't try to trick us. He asked questions about how (and when) we met. It's good to go over dates ahead of time. But you should already know when your anniversary was, for example. He was understanding about our lack of shared leases/tax information (since those things would have been impossible to get in that time period.

The Interview went well. We chose to change her last name to mine, at this point. He canceled her student visa and said that, pending some background checks, we should get the card within 120 days, but it should be less. We got it about two weeks.

After Immigration

Name Changes

Once we had her card, and a another certified copy of our wedding license, it was easy enough to get her status changed. The drivers license became unrestricted, as did the Social Security card. Actually, the car insurance has been the biggest hassle to change, so far.

Follow Up

Because we have been married less than two years, her permanent resident status is considered conditional. Within 90 days of two years, we will have to file an I-751 form. This includes biometrics and maybe another Interview. This form also asks for more of the same proof of relationship materials mentioned with the I-130. Additionally, the work permit needs renewed at intervals, but that seems to be a simple form. Finally, any time we move we are required to inform USCIS. This seems to be easy and can be done with a form (AR-11), or in some cases online or over the phone, and is free.

A Korean Perspective

외국인과 결혼

어릴적 아무런 이유없이, 막연히 외국인은나쁜사람이라고 생각했었다. (어린것이 벌써 색안경을 끼고 다녔더랬다 ㅋㅋ ) 괜히 외국사람보면 이상하고, 기분이 안 좋았던(^^;) 내가... 외국인과 결혼을 하다니... ㅋㅋ 참 아이러니하다.

울 남편과 나는 한국에서 처음 만났고, 만난지 3년즈음 될 무렵, 한국이 아닌 이곳에서 결혼하게 되었다. 결혼하는 것에는 큰 문제가 없었다. 한국처럼 시댁식구들의 사돈의 팔촌까지 일일이 다 챙겨야 한다던가, 뭘 주고 받는 그런 절차가 없어서... 참 편하게 결혼을 했던것 같다. 첨엔 겁나 간단한 결혼식을 둘이서 구상했었지만, 우째 소문이 퍼져 한인학생회의 우레와 같은 성원으로 단 이틀만에 모든 것이 급 계획된(?) 번개결혼식을 가지게 되었다. ㅎ ㅑ~. 울 남편식구들이 다들 깜놀~ 한국사람 대단하다면서…ㅋㅋㅋ

결혼과 이민서류

서로 국적이 다른지라... 해결해야 할 서류가 장난이 아니였다.

1. Marrige Certificate : 내가 살고 있는 county 에 있는County Court House 에서 받았다.
2. I-693 : USCIS에서 지정한Medical Clinic (USCIS 사이트에 가면 각 주별, 각 카운티별로 찾을 수 있음)에서 해야 함. (난 이거 250불이나 주고 했는데….T^T 나중에 알고보니 각 clinic마다 가격차이 있다고 함. 헐~)
3. I-485 : Visa status 바꾸는 서류, Birth Certificates가 요구됨. 우리나라는 이게 없지만 주민등록등본으로(부모님 성함과 본가주소가 명시되어야 함으로…) 대체가능, 단 공증영문통역을 반드시 해야 함.
4. I-130 : 신부를 위한 Green Card 요청서류라고 하면 될듯… (완전 남편몫 서류, 하하)
5. I-864 : 재정보증 같은 서류… (요것도 남편몫 서류, 하하)
6. I-768 : Work permit, 이민서류준비하면서 이 서류 신청하면 공짜로 된다해서 함. 서류접수 한달반쯤만에 work permit이 나오고 요걸로SSN신청해서 받았음.
7. I-131 : 이민서류 진행 중 미국을 떠나면 안되므로, 이때를 대비하여 있는 서류. 서류 진행 중 한국에 꼭 가야 할 상황이 생기면 곤란하므로, 어떤 사람은 만약을 대비하여 작성하여 접수하기도 한다함. 나는 공짜임에도 불구하고 안했음. 이 서류까지 하면 이민수속이 쩜 늦어질 수 도 있다는 말에….

정말 끝도 없는 서류작성의 연속 이였다. 휴…… 울 신랑이 그랬다. 내가 널 사랑하는 증거중의 하나가 이 많은 서류들의 설명서를 읽고 작성하는 거라고…..ㅋㅋㅋ 그래서 그걸로는 증거가 부족하다고 할려다가… 정말 4시간너머 컴터 앞에 앉아서 서류를 읽고 또 읽고 작성하는 신랑이 측은해서… 자애한 아내로서 관뒀다. ㅋㅋㅋ

모든 서류를 작성하고, 준비하고, 접수하기까지 거의 한달 정도 걸렸다.

Biometrics

이민국에서 서류를 받았다는 편지를 받고 한달 후, Biometrics를 하였다. 핑거프린트한다는 얘기만 듣고 그냥 암 생각 없이 갔는데… 사진까지 찍을 줄이야… ㅡ.,ㅡ 거기다 나중에 이 사진이 Work permit 부터Green Card에 까지 박혀 있을 줄이야… 덜덜덜

이민국에서의 Interview

서류접수 후 석달즈음 될 무렵 인터뷰가 이뤄졌다. 인터뷰 전 괜시리 긴장한 우리는 인터넷으로 인터뷰 요령을 검색하였다. 무시무시한 질문들 '너 신랑측 부모님 생일 아니?' 부터 시작해서… (난 숫자 암기가 약하다. 헐~) 살고 있는 집 구도 그려보라는 질문까지… 샅샅이 읽고 준비했었다. 하지만, 우리를 담당한 immigration office는(상당히 저음의 중년아저씨 특유의 불분명한 발음으로 인터뷰 중간중간 'Pardon?'을 외쳐댔던 누구는 애 쩜 먹었다던데…ㅋㅋㅋ) 간단히 나에 대한 정보(이름, 어떤 신분으로 미국에 왔나? 공산주의냐? 범죄 히스토리가 있냐? 등)를 묻더니, 우리 결혼앨범에 상당한 관심을 보이면서 결혼식에 대해 이것저것 간단히 물어보시고선… 120일 안으로 무슨 소식이 있을거라며 조용히 나의 I-20를 폐지 처분하셨다.

Green Card

인터뷰후 2주 지나서 말로만 듣던 그린카드를 받았는데… 왜 그린카드가 그린카드라 불리는지… 알게 되었다. 연녹색의 카드… 요거 받을려고 돈도 많이 쓰고 애도 많이 쓴 우리 이제 쩜 쉬자. ㅎㅎ