From: ktong@shannon.jpl.nasa.gov (Kevin Tong)
Newsgroups: alt.visa.us
Subject: RE: alien spouse married to USA citizen, getting green card
Date: 3 Sep 92 18:43:46 GMT
Organization: Jet Propulsion Laboratory, Section 331


>>Organization: Institute for Theoretical Physics, ETH, Zuerich, Switzerland
>>Andrew Parkes,              | E-mail: parkes@itp.ethz.ch

writes

>>I'd appreciate hearing about *any* experiences that people have
>>had with getting
>>an immigrant  visa for the spouse of a US citizen (i.e. the process that
>>starts with the US spouse filing the petition I-130).


For our situation, we were married in June 1991.  She was in the
USA on a B1/B2 visa.  Filed all the petitions on June 25, 1991.  She 
was given a work permit the same day that she filed and an interview appt. 
was set up for January 23, 1992.  Actually it took a week to get 
the work permit, because they had to laminate and prepare the work 
authorization card.  The length it takes to get an interview is 
dependent on the backlog of cases where you apply.  We applied at 
the Los Angeles INS office.

After successful interview (15 minutes long for us) she got her
temporary green card (which is a stamp in her passport that says
applied for a green card and has been approved.  The stamp is
good for 6 months).  Received her conditional green card by mail 
in March 92.  I say conditional because the green card expires
on Jan 23, 1994.  A few months before that date, we must file
some forms to convert that to a regular green card that
does not have an expiration date.  From the experiences of other
people I've heard from, the forms are basically to attest that
you are still married.  I guess that is the condition.

The bottom line is that it is almost automatic that the spouse will
get a green card (assuming non suspicious marriage).  The length of 
time depends on where you apply.  I've heard that at some places 
it only takes 3 months between the application and the interview date.  
It is at the interview date that she "receives" her green card 
(permanent residence aka I-551, immigrant visa).

========   The horror story behind the above story =======

	My wife was in the US on a B1/B2 visa.  We did not decide
to get married when she planned her trip.  But before it was time for 
her to go back, we decided to get married.  Got married on June 9.

Mistake 1: Did not go to INS and immediately apply for I-130.
	We were planning to file after the honeymoon.
Mistake 2: Took honeymoon out of the U.S. to Canada.
Mistake 3: My wife still had a valid B1/B2 visa.  Mentioned to
	the INS official at the border that we were just married.
BIG MISTAKE.  (In hindsight, should not have mentioned that we
were married, then she would have been let in as a visitor.)
The INS officer CANCELLED her B1/B2 visa and WILL NOT let her 
back into the U.S.A.  Reason:  She is no longer considered a visitor 
and will be immigrating to the U.S.  Since B1/B2 is a VISITOR visa, 
it is not valid anymore.  She has to go get an IMMIGRANT visa.  But she 
has no valid visa on her passport, so she cannot come back. Catch 22.  
	According to the INS at the border I had to file an I-130
form with the INS office and she must go back to Taiwan to wait
for all the paper work and visa (approx total time 8 months - 1 year,
may be shorter or longer for other countries).

	I know it is much faster if the spouse is in the US when
the I-130 is filed, so I am desperate to get her back into the US.
See, if you are in the US, the INS has to go through some procedures
before they can deport you, but if you aren't in the country they
don't have to let you in, even though "green card" is almost always
approved for a spouse of a US Citizen.
	We drive back to Vancouver and figure out what to do. I call
the American Consulate in Vancouver, explain the situation  and ask if 
there is anything I can do. They said I can apply for an I-130 and
submit it to them, take the receipt to the INS at the border and they
may let her in temporarily since I did file an I-130. Whether the INS 
at the border lets her back in or not depends on the supervisor.  
I rent a hotel room for my wife while I fly back to the US, gather all 
the forms and fly back to Vancouver to file the I-130 with the Consulate.
(Unrestricted airfare is expensive!)
	We called the border and find out when the INS supervisor is
on duty.  We cross at that time.  We were VERY NICE to the officers
there and DID NOT GET ANGRY at them, they have the power to let
her in the US or deny her entrance.  The supervisor let her in 
<sigh of relief> for 30 days on "humanitarian parole" which is what 
is stamped on the I-94 says, since she had no valid visa to enter the US.  
	Once we got back to the US, we immediately filed another
I-130 petition at the Los Angeles INS office and they said she did not
have to leave the country.  However, if she does she will not be let
back in. 
	Normal situation continues above from the above section.

==========================

	If you have any anecdotes or comments, feel free to post.  
Sometimes actual stories of real situations is more informational that 
just the plain recitation of the immigration law.  At least with real 
stories and situations, we can get an idea of how the law is actually 
applied.  
	I've learned a lot about immigration law concerning marriage 
with US Citizen from the above situations.  More than I care to 
know.  But if you have any questions, feel free to ask.

I may have gotten the numbers wrong, so this is what I'm assuming:
I-130: Petition to get Alien Relative Permanent Residence.
I-551: Immigrant Visa (basically the "green card")

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Kevin Tong, (818) 354-0657      Jet Propulsion Laboratory, MS 238-420
ktong@shannon.jpl.nasa.gov       Pasadena, California  91109
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Kevin Tong, (818) 354-0657      Jet Propulsion Laboratory, MS 238-420
ktong@shannon.jpl.nasa.gov       Pasadena, California  91109
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