A step-by-step guide to my green card application process
I currently live in Japan and I left the USA upon completion of my PhD under the non-immigrant F1 student visa. I used the OPT (optional practical training) after requesting an EAD (employment authorization). But I left the country to get a new job before starting any kind of green card process. So, I am dealing with consular processing (visa interview is handled at the US embassy abroad) and the category I filed under is CR1-Spouse of a US citizen.
As I am running into many hurdles and the process is very badly documented, please allow me to share my experience and advices. It turns out there are ways to accelerate the process, saving you weeks of stressful waiting. Do not expect the administration to even mention these to you.
Visa processing flowchart
Resources
- United States Citizenship Immigration Services (USCIS) to track the status of your petition
- The National Visa Center (NVC) to hassle them constantly about your case
- US Customs and Border Protection (CBP) those guys are great at helping with US entry related issues
- VisaJourney.com see others in your situation updating you with their own case status
- ImmiHelp.com for a bunch of information on anything that has to do with US visas
Getting started & travel during visa processing
Although everybody's case is different, you should be able to find some info and tips here that will apply to your application if you are dealing with UCSCIS or NVC. As I mentioned above, I applied for a green card from outside the US and my previous student visa was no longer valid at the time. Note that if you plan to be abroad during most of the application process, which takes 7-9 months, you should wait to leave the US before filing the petition as a change of address could force you to start from scratch at early stages. Accordingly, I did not file for an adjustment of status nor needed advance parole to re-enter the US during my application.
Actually, after contacting US border patrol, I learned that travel in and out of the US on a tourist visa (or under visa waiver program) is fine once the application is processing. However, you should be ready to provide proof that you are indeed just visiting and that you will head back out of the country to complete the permanent residency application. For customs, gather documents such as an employment letter, a business card, a lease, a foreign ID, etc... to facilitate the process. Once the green card has been approved (after the consular interview), it is highly recommended to wait for the stamp in your passport before traveling as your status change will show on CBP's computers. That should not be an issue since at that point, you should have the final paperwork within a week. So just wait a few more days before leaving.
Finally, because the family-related visa processing is supposed to be straightforward, I did not hire an immigration lawyer. However, I would highly recommend to get representation if you can afford it, if your case is more complicated and/or if you are filing alone. Sometimes I wish I had a lawyer who could have saved me stress and precious time. They can also advise you on legal procedures against visa-handling entities. Trust me, NVC can be thankful I was not lawyered up. We will get back to that. Do not feel discouraged just yet.
STEP 1: filing your petition with USCIS
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