14 Ağustos 2012 Salı

Getting married in the US (Florida)

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The first thing that I should point out about getting married in the US is that each state has its own laws and costs.  Even within a state, there can also be minor differences between the different counties, so it is always best to check and double check the relevant info and regulations in advance.  My specific personal experience was getting married in Florida, so bear in mind that although there are bound to be lots of similarities with other states, there will also some differences too.  Given my very positive experience, I would certainly recommend getting married in Florida.  My wife and I were married in north central Florida in the city of Gainesville, a college town which is home to the University of Florida.

Background to getting married in the US
Getting married to a US citizen and obtaining a marriage license was a requirement of my K1 Fiance Visa, but my wife and I never lost sight of the fact that were mainly getting married because we loved each other and wanted to live together as man and wife.  The K1 Fiance Visa was purely a tool for achieving that.  Given the logistical problems that would be involved with getting all our respective families together, my family from across the Atlantic in the UK and my wife’s family from the north east of the US, we opted to have just a small intimate ceremony, rather than a big wedding.  Because neither of us are particularly religious, we also decided that we would go for a civil ceremony, rather than getting married in a church.

Arranging the ceremony, getting the license and getting married in Florida
I am a UK citizen, so I can only really make comparisons with getting married in England, where I am from.  Compared to the UK, getting married in the US seems cheap when it comes to paying for a civil ceremony.  Getting married is also much quicker, although there is a three day waiting period in Florida (unless you either do a short pre-marital course, or you live outside Florida, in which case the three day waiting period is waived).  As my wife and I didn’t want to do the premarital course and we both live together in Florida, we were liable for the waiting period, and so decided to apply for our marriage license at the start of the week and arrange with the court for getting married in Florida on the Friday.  The fee was $93.50, which at around £65 seemed relatively cheap to me.  We had to go together to get the marriage license and I had to use my passport as I.D.  The marriage license they gave us was valid for 30 days, but as I mentioned we arranged for our wedding to take place just four days later.  It was all very straightforward, partly because neither of us had been married before, so we didn’t have to prove that we were divorced or widowed.

The marriage ceremony and afterwards
As I mentioned earlier, we kept the number of people at the marriage ceremony small, just inviting a couple of friends, plus my wife’s daughter.  If you are getting married in the US, be aware that because of the gun culture there and the threat of terrorism, there is much stricter security at public buildings such as court houses – I was somewhat surprised when all of us were searched for weapons when entering the courthouse on our wedding day, albeit in a friendly way.  All in all, however, I thoroughly enjoyed my wedding experience and would heartily recommend getting married in Florida.
Getting married meant that we had fulfilled the requirements of the K1 Fiance Visa by getting married in the US within 90 days.  This meant that I was now able to put in an adjustment of status application for a US green card.

Getting a Social Security Card as a US immigrant and non US citizen

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In this post I thought I would talk about my experience of getting a social security card as a US immigrant and non US citizen, once I had arrived in the USA on my K1 Fiance Visa.  After all my troubles with trying to open a non US citizen bank account, I will not pretend that I was not a little nervous about trying to jump another bureaucratic hurdle.  But a US Social Security Card is essential in America for many things: the social security card itself can be used as proof of ID, plus you need the Social Security Number (SSN) that comes with it too.
The closest thing to a US Social Security Number in the UK, where I am from, is the National Insurance number.  However, we only generally use that for work, tax, and claiming benefits in Britain.  As I mentioned, you need a US Social Security Card and Social Security Number (SSN) for all sorts of things in America.  In the UK, you often have to use your passport as I.D. and occasionally your driving license as I.D.  In the USA, your Social Security Card and Driving License are requested constantly for I.D. purposes and there is no assumption that you have a passport (many Americans don’t have passports).

How do I get a social security card?
You need to find out where your local social security office is.  If you are unsure, look it up on the internet.  I went down to my local social security office with my wife shortly after getting married in Florida.  There was no appointment system, we were told just to turn up and join the queue.  I took along some I.D.: my passport with the I-94 in it and my marriage license.  I also took along a social security form applying for a US social security card and SSN that I had filled out in advance.  The Social Security Office had a lot of similarities with its British equivalent - if you have ever had to make a claim for unemployment or another welfare benefit, you probably won’t be phased by the experience, a waiting room full of bored and demoralized people kept waiting for a long period of time.  The only major difference from Britain was that we were checked over for guns by the security guard on the way in.
Eventually we were seen by one of the ladies at a hatch.  She dealt with my case efficiently and I was told that I would receive my card in about 2 weeks, which turned out to be an accurate.  My social security card was a standard one, apart from it stating on the front that it was "Valid for Work with DHS Authorization Only".  This was because I didn’t have a US green card or EAD.  Once you get your work authorization documents, you can go back to the social security office and they will swap your social security card for one without the legend on it (you need a US green card or EAD).  The SSN stays the same.  Unlike most of the K1 Fiance visa stuff, the social security process was completely free at every stage.

USCIS I-693 form and Vaccination Supplement

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After getting married in the USA (Florida), I now had to file an I-485 Green Card application for permanent residency.  This is also called seeking an adjustment of status (AOS).  If all went well with that, then I would be issued with a USCIS Green Card.  Before I could do that, however, I needed to get certification to show that all my vaccinations and health checks etc. were in order.  This was to be done with a USCIS I-693 form, I discovered, which I had to get filled out and then include when I sent in the I-485 Green Card application package. 
As I had had a K1 Fiance Visa Medical Exam back in London only a few months prior and had brought my copy of the vaccinations sheet with me to the USA, that made things a little easier when sorting out the USCIS I-693 form.  Essentially, because I had had my K1Fiance Visa Medical Exam within 12 months previous to putting in my I-485 Green Card application, I didn’t need to undergo another medical (phew!) and I only needed the USCIS i-693 supplemental form filling out, not the entire I-693 form.
The I-693 supplemental form relates only to the vaccination supplement part of the form and has to be filled out by a designated civil surgeon, which basically means a USCIS approved doctor.  There is a list of practices on the USCIS website that I used to help me find a designated civil surgeon.  Apparently, prices vary considerably, so you are supposed to shop around.  In my small city, however, there were only two practices with a designated civil surgeon and one of them never answered my calls, so I didn’t have a great deal of choice.  The price wasn’t bad, however.  I forget what the fee was but it was somewhere in the region of $35.  I had to keep telling them that I only needed the I-693 supplemental form doing, however, and did not require the entire medical (which would have cost considerably more and was completely unnecessary in my case).
Anyway, I booked an appointment and it was all very straightforward.  As it had already been determined that I met the US vaccination requirements for the medical exam back in London, I just took along my passport as ID and my copy of the vaccine worksheet that I had been given to me after my London medical and they copied my details from the vaccine worksheet over onto the USCIS I-693 supplement.   I didn’t need any extra vaccinations.  The I-693 supplement was then stamped and signed by the designated civil surgeon and I was given a sealed envelope that I was told under no circumstances should I open. 
Now that I had sorted out my USCIS i-693 supplemental form, I was ready to put together my I-485 Green Card application package.

I-485 Green Card Application and I-684 Affidavit of Support

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Unfortunately, the bureaucracy didn’t stop for me once I had entered the US with my K1 Fiance Visa and got married.  The K1 Fiance Visa can only be used once, so having entered the USA and got married, its use was essentially over, although I did, of course, keep all my documents in case they were needed for proof further down the line (the I-94 inside my passport, for instance, was essential later for proving that I had entered the country legally, as was the I-797 approval notice that was received by my wife at the end of the I-129 petition process).  Anyway, I was now ready for the next stage after getting married in the US (Florida), making my I-485 Green Card application for permanent residency, known as an adjustment of status or AOS.  If that was successful, then I would receive a USCIS Green Card and be classified as a resident alien by the USCIS.  Along with the I-485 Green Card application, I also applied for Advance Parole (AP) and Employment Authorization (EAD), as there was no fee to pay if I filed them at the same time as my application for adjustment of status (AOS).
The I-485 Green Card application is a thick form with lots of questions, but I had got used to filling out those when undergoing the K1 Fiance Visa Process.  What was a pain about applying for Adjustment of Status, in my wife and I’s experience, was putting together all the masses of evidence that was needed to go with the accompanying I-684 Affidavit of Support.  As well as providing proof that we were are married, my wife also had to present proof that she was financially solvent and able to support me.  This basically involves collecting together piles of tax returns that have to be sorted through and copied, as well as letters from my wife’s boss and months and months of bank statements, amongst other things.  I also had to include the I-693 vaccination supplement, a copy of my I-94, the I-684 Affidavit of Support, along with copies of all the bank, employment, and tax documents.  We also included evidence of our relationship, including: copy of marriage license, wedding cards and photos, letter from bank showing we had a joint bank account and a few other things, such as the I-797. 
As I mentioned, as well as the green card application, I also put in applications for temporary travel documents and temporary employment permission, known as I-131 Advance Parole (AP) and the I-765 Employment Authorization (EAD), so that I have the option of traveling and working while we wait for the adjustment of status application to be processed, although in practice the AP and EAD can also take months to be processed.  I thought it was worth putting them in, however, as there were no extra costs, given that they were filed with my I-485 and I-684.
The whole package of five application forms and status adjustment evidence was so big and heavy it cost us $14 for the postage!  (That was on top of the $980 we had to pay for the processing of the application!)  There is also a small fee at this point that you have to pay towards the biometrics that you will have to get later.  We actually forgot to include this the first time round and were sent a letter saying that they wouldn’t start processing our forms until they had received it.  They also send letters acknowledging receipt of the various forms.
The next stage after this is the biometrics appointment.  They send a letter inviting you when they are ready.  It took over four months for me just to get the I-131 Advance Parole (AP) and the I-765 Employment Authorization (EAD), never mind the Adjustment of Status, so try to keep patient!

The Latest News about the EB-5 Immigrant Investor Visa Program

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Victorville Investor Agrees to Forfeit Processing Fee: According to recent reports, Yin-Yang Dong, an Asian investor in the Victorville, CA EB-5 Immigrant Investor program has agreed to forfeit $50,000 so that the $500,000 he loaned to the city through the now defunct EB-5 program can be recovered.

Las Vegas Conference Features EB-5 Program:  A recent two-day conference about the EB-5 program held in Las Vegas, NV, was a resounding success with nearly 200 real estate developers, lawyers, regional center executives and sponsors attending. Those regional center executives attending the conference included George Ekins, CEO of American Dream Fund, which manages the Los Angeles Regional Center and the Las Vegas Regional Center, and Robert Hobbs, VP of R.H. Hobbs and Century American Regional Center, which is currently pending USCIS approval.

National Lobbying Group Hopes to Make the EB-5 Program Permanent: A new national association hopes to make the EB-5 investor program permanent. The program, which was not originally intended to last in perpetuity, may become a permanent fixture in immigration law, if the Association to Invest in USA has its way. Sen. Patrick Leahy (D-VT) may soon introduce a bill that would eliminate the EB-5 program’s sunset date (September 30, 2012), as well as make other revisions to the immigrant investor visa program.

The Association to Invest in USA is based in Chicago, IL and has 114 members, including the Metropolitan Milwaukee Association of Commerce.