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Sighhhh.

Why are things never easy when it comes to dealing with the government? Christine and I returned from our European sojourn (more on that soon!) to find that my I-751 application had been returned to me in our absence.

Why?

Because it arrived at the processing centre on the 18th of September, which is 91 days before my Green Card runs out. And you have to send them the application within the 90 days preceding the expiration date. That's right, it got there one whole day early, so they packed the whole thing up and sent it back to me.

The really funny thing? The date stamped on the included cover letter which explained why the application had been returned was the 21st of September, which is well within the 90 day window. Ah, stubborn bureaucracy at its finest!

Posted in: chaosboy, immigration, united states on October 10, 2009 at at 9:42:00 AM 0 comments    

The records of this Service indicate that you entered the United States as a conditional permanent resident on 12/18/2007. In accordance with Section 216 of the Immigration and Nationality Act you must file Form I-751, Petition to Remove Conditions on Residence. Failure to do so may result in the automatic termination of your Status. You can obtain Form I-751, as well as filing information and fees, from www.uscis.gov or call 1-800-375-5283.

With this tersely worded letter, the final part of my immigration to the United States has begun. It's hard to believe that something that was set in motion back in 2006 will finally come to an end at the end of 2009 (or, more likely, some way into 2010 if the usual processing speed of the USCIS comes into play).

Because I entered the US on a fiance Visa, then got married to claim residency, the US Government basically doesn't trust me an inch. They've seen every single marriage trick and scam in the book, and in their eyes, we're all suspicious until proven otherwise. The first Green Card you get when you enter the country is only valid for two years instead of the usual ten (because they don't trust you), and you must start to renew it within 90 days of its expiration, or you get booted unceremoniously from the US.

To renew it, we have to send in yet more evidence that our relationship is a bona fide marriage – joint bank account statements, lease notices, photos, notarised affidavits from friends, that kind of stuff. Oh, and another $500-odd for the processing fee and yet another set of fingerprints... this'll be the third time! But really, it's one of the simpler tasks we've had to complete on this long road, so I can't foresee too many problems. And then... freedom!

Posted in: chaosboy, immigration, united states on August 30, 2009 at at 9:24:00 PM 0 comments    

A couple of weeks back I got serious about this Australian immigration thing. Now that Cam is affixed here in the USA, now I want to be able to get back to Oz. At that point we would have free reign to go wherever we liked with the freedom of birds. Up till now, I assumed marrying Cam was my ticket to get back in and override the ban that was put on my VISA almost two years ago now saying I could not come back for a total of 3 years.

So, I called the embassy.

I talked to a nice woman, whom I was thrilled had an Aussie accent, and told her about my situation, and the reasoning that I had been granted this ban when my Uni was handling my VISA extension in my behalf so I wouldn't have to go to the immigration department and wait in line all day. Had I have been told to go there, instead of just sending Sydney Uni a piece of paper, I would have done so. The Immigration building was only right down the street!

So the nice woman laid her cards on the table. I would have to fill out an application online stating my case and applying for Visa 676 which would essentially override my current ban. Having married an Australian citizen had no merit in this process. Once the application was submitted and approved I would still have to contact an immigration officer for final approval for admittance.

A few days ago, I received my reply. Australia said no. They still needed a bit more from me and if it was the country's best interest to let me back in. If I could not prove my worth I was labeled simply as a RISK. As much as I would love to pursue this issue, I would not win by saying that I was just misinformed or that the Uni messed up. And, obviously I have no other reason to go to Oz other than getting my tan back, therefore my argument is already been brushed off the table.

The 75$ fee isn't all that much to have gone to waste but I sure could have used it on something a bit more worth while if I was going to be told off so quickly. I was hoping Cam and I could get somewhere warm in the cold month of November but I guess we will have to go somewhere else!

Posted in: australia, chaosgurl, immigration on June 25, 2008 at at 12:50:00 PM 0 comments    

It's kind of hard to believe, but today marks one year since I arrived in the US to live. One year already! And in that time I've done so much:

1. Married my wonderful girl
2. Gone head to head with US Immigration (and emerged victorious... eventually!)
3. Found (some) work
4. Flown to the other side of the country and back (up to 10 states visited now!)
5. Gone on a road trip
6. Made great friends
7. Discovered that good beer does exist in America and most of it is in Portland!
8. Clocked up more than 1,500 miles (2,400km) on my bike

And that's only the tip of the iceberg! Things have been a little tough at times, but Christine and I have managed to muddle our way through it all together, and I can't say I've ever felt happier in my life. Every time things look grim, financially or otherwise, something will come along and rectify the situation; whether it's Christine winning a prize through work, my back pay from Vein finally coming through or whatever... life is good, and the weather is starting to get nicer, too! Roll on the next year!

Posted in: chaosboy, general musings, immigration, portland on May 15, 2008 at at 1:29:00 PM 0 comments    

Yes, it's true! USCIS finally granted me my I-485 Residency (Green Card) today. To say that Christine and I are relieved and happy is a huge understatement... all the uncertainty has disappeared and we can now get on with our new life together.

The actual interview was possibly one of the simplest parts of the entire process: I guess if you manage to jump through all the hoops to get this far, you've got a pretty good idea of how things should work and can plan accordingly. This is the way our interview happened:

We arrived at the Federal Building in Portland about 15 minutes before our scheduled appointment time on 9:30 and passed through the standard security before being directed to the waiting room. We had to put our appointment notice into a basket mounted on the wall along with everyone else's - this led us to wonder how they selected names, as all the forms were placed in a random fashion: some people put theirs at the front, others at the back. It seemed like a bit of pot luck to us as to whether you got called up straight away or waited around in the grim little lounge for ever. As it turned out, the case reviewers have their workload for the day already sorted out in their office, and call people according to their interview time. So it wasn't long before we were called up at all, probably 10 minutes at most.

We accompanied our case reviewer to her office, where she quickly made us swear that we would tell the truth during our interview (no bible required) before sitting us down. She went through our paperwork quickly and efficiently, but gave no hints as to how our application was going. She'd definitely make a great poker player, because you couldn't read anything into her body language at all. She first confirmed Christine's income to ensure that she could stand as my guarantor (she passed) and then told us that we no longer needed Christine's mother's co-sponsorship. We were then asked a few general questions about how we met, when we first started dating and so on: these questions were all easily answered.

Then just a few yes or no questions like, "Have you ever been convicted for a criminal offence?" or, "Have you ever committed a criminal offence that you haven't been convicted for?" I wonder if anyone ever answers "Yes" to that one... "Yes, guv, you've got me bang to rights on that one. It was me!"

After that, we showed her a few photos of us together in different places, culminating in showing her the wedding album. We warned her the wedding was a "little" unconventional before she started, but we needn't have worried - she absolutely loved the whole thing and asked us lots of questions about the wedding, the idea behind it, who made the dress, etc etc. She was definitely amused that part of the inspiration was the American Government's insistence on referring to me as an "alien". She told us that we had made her week and that she had to go and make some photocopies of the album, both as evidence supporting our application and – we suspect – to show off to other workers later that day: "Look at this crazy wedding these two people had!"

While she was gone, we speculated as to whether there were any hidden cameras in the room that were observing our body language while no one was in the room, which kept us amused until her return when she told us that my FBI check was clean and that she was going to approve my application today. The card itself will be mailed to me within the next 2 weeks; no temporary card or stamp in my passport was given. The interview itself probably only took 15-20 minutes, plus the 10 minutes of waiting – almost an anticlimax considering the struggles we've had to get to this point!

Here's us all smiles after the interview:
It definitely seems to me that if you go to these interviews fully prepared – have copies of all your required documents ready and and hand, lots of photos and other evidence of relationship – and are honest in your answers, it's a very simple procedure. However, if you try and hide anything from them, they'll be onto you in a second and could make things very difficult for you indeed.

So ends this part of the saga – next, it's on to finding a job! Stay tuned!

Posted in: chaosboy, immigration, united states on December 18, 2007 at at 4:21:00 PM 5 comments    

So, let's look at some numbers relating to my immigration, shall we?

• Total days resident in the USA: 215
• Number of days married: 148
• Days for I-485 to be processed: 142 (and still counting)
• Days from I-485 submission to biometrics scan: 82
• Days from I-485 submission to interview (18th Dec): 144
• Days for original I-765 (based on K-1 Visa) to be denied: 125
• Days for second I-765 (based on I-485) to be approved: 57!!

It's worth noting that – based on advice given to me by the local Portland USCIS office – I asked (well, begged might be a better word!) USCIS for expedited service on my second I-765. I was told that there were no guarantees that anything would be done quicker, but based on the numbers above, maybe something was. Either that, or the July peak period was over and the Nebraska office was just able to approve things more efficiently.

Posted in: chaosboy, immigration, united states on December 16, 2007 at at 12:56:00 PM 0 comments    

I have web stats enabled for this blog, and I know we get a lot (and I meant A LOT) of hits from people searching Google for advice on I-765 and I-485 applications. To all those people, based on my experience, it is definitely best to send in these two applications together.

If you've entered America on a K-1 Fiance(e) Visa, definitely do not attempt to gain an EAD based on that Visa. The wording on the I-765 application form is very vague:

A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File your EAD application if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under (c)(9).

This may make you think that you can submit your EAD application at any stage during the 90 day period that your K-1 Visa is valid, but this is not true. In fact, any EAD issued under the K-1 Visa only lasts for the 90 day period, which is next to useless. If you need employment urgently, then the only thing to do is to get married almost immediately upon entering the US (Christine and I waited almost two months), and send off your I-485 and I-765 forms together as soon as humanly possible after the wedding. Then just sit back and wait for the slow wheels of bureacracy to grind on and spit your application out the other side. If possible, avoid submitting your applications in July, as this seems to be the peak period of demand for USCIS services.

Thanks for visiting, and I'll be sure to give you all a full account of our I-485 interview when it happens.

Posted in: chaosboy, immigration, united states on December 15, 2007 at at 3:39:00 PM 0 comments    

I've actually known this was coming for a couple of days now, as I checked my case status online with the USCIS on Thursday, but I wanted to wait until the EAD was actually in my hands before I announced it to the world. Too much has gone wrong with this stuff up to now to prematurely jinx things!

So basically, the USCIS has approved my I-765, which is simply a temporary authorisation to seek employment while my I-485 (Green Card) is being processed. Because of my misfortunes - originally applying for an I-765 under the auspices of my K-1 Fiance Visa and being denied because that Visa expired after 90 days - the whole process has taken much longer than it should have, but I have it safe in my hands now! Words can't even begin to describe how happy I am. And we also have our initial I-485 interview next Tuesday - together, these two events may make the best Christmas present I could have asked for.

So now on Monday, I can head out and finally get myself a Social Security number, that all-important set of digits that rule most Americans' lives... and then I can FINALLY start looking for a job!

Posted in: chaosboy, immigration, united states on at at 3:25:00 PM 0 comments    

As part of the paperwork required for our I-485 residency interview, I had to get an I-693A (don't you love the way all forms are known by their filing number?) Vaccination Supplement completed and signed by a USCIS-approved physician. Fortunately, I didn't have to have another entire medical done as I had one done within the last year for my K-1 Fiance Visa... although only just!

I found a doctor over near NW 23rd Avenue who would do the job for a mere $10, so Christine and I headed off there yesterday morning on our bikes. His tiny office specialises in travel and immigration cases (I'm guessing he goes through a lot of syringes!) and seemed to be doing a roaring trade; there were some Mexicans and Uzbekistanis amongst the people in the waiting room. I overheard someone say that the doctor speaks fluent Spanish and Russian, which would come in handy in his line of work.

The efficient receptionist filled out the form quickly and the doctor signed and sealed it into an official envelope that I have to give to the immigration official at our interview. I asked the doctor for a copy and he smiled and told me it was just an exact transcription of my vaccination record from my original medical exam! The only difference is that it was now on an Official American Piece Of Paper with "I-693A" in the top left corner. Ah, bureaucracy! The doctor then wished me the best of luck, told me to be patient and opined that immigration officials "aren't very nice people". I left with a smile on my face.

Posted in: chaosboy, immigration, united states on November 7, 2007 at at 5:19:00 PM 0 comments    

Will be on December 18th. Christine and I both have to go to this as this is where we "prove" that we're really married and this is not some green card scam. There's a lot of paperwork to prepare for it, but we have a little while so it shouldn't be too much of a problem. Progress on residency, hurrah!

Posted in: chaosboy, immigration, united states on October 25, 2007 at at 10:45:00 PM 1 comments    

So my appointment today at the Portland Office of the USCIS turned out to be fairly pointless. While the nice lady behind the counter could sympathise with my situation (I seem to get a lot of that!), there was nothing she could do. The power to issue interim employment documents has recently been stripped from the local offices, meaning that now only the four big processing centres have that ability. The local centres can fax a request further up the line, but only if an I-765 application is currently in progress... which mine isn't.

So there's nothing for it but to refile a new I-765 at the new ridiculous price of $340 (compared to the old $180) and then sit back and wait. The only new bit of advice that I got was to include a covering letter with my application that asks for "expedited processing" based on the financial hardship that not being able to work causes. It doesn't guarantee anything, but if the supervisor on duty that day is in a really, really nice mood, it could bring the processing time down from three months to perhaps one and a half. Maybe.

Anyway, I completed my new application this evening and it's ready to be mailed off to the man and the monkey in Nebraska tomorrow... I wonder which one is the supervisor?

If it's even a half-decent day tomorrow, I just want to go on a big long bike ride somewhere and get all this frustration out of my system.

Posted in: chaosboy, immigration, portland, united states on October 15, 2007 at at 6:16:00 PM 0 comments    

My decision letter from USCIS arrived in the mail yesterday. I had been expecting the worst since reading on an on-line forum that the phrase, "we mailed you a decision" is a euphemism for "application denied". If an application is approved, they generally just tell you that your application has been accepted - there's no need to let you down gently.

True to these expectations, my application was denied. But the reason for the denial turned out to be something that completely beggars belief. Let me present you with an excerpt from the denial letter:

8 CFR 274a.12(a)(6) provides for the issuance of employment authorization to: An alien admitted to the United States as a nonimmigrant fiance or fiancée of a United States citizen... for the period of admission to the United States.

Employment authorization under category (a)(6) may only be granted for the period of admission to the United States. The evidence submitted indicates you entered the United States on May 15, 2007. You were admitted for a period of 90 days.

Because your period of admission to the United States has therefore expired, you no longer qualify to receive employment authorization pursuant to 8 CFR 274a.12(a)(6). Therefore, upon consideration, it is ordered that this application be denied. There is no appeal to this decision.

So, have you got this?

Because my application was not processed within this 90 day period, my application was denied. However, there were 120 days between USCIS's receipt of my I-765 and the issuance of my decision. This, of course, means that there was never any chance of my application being successful. I believe that any application should be decided on its merits, not on how long it takes USCIS to get around to opening each case. If there's only a 90 day window for fiance visa EAD applications, then USCIS should take all reasonable steps to ensure that such applications are processed within those 90 days.

I feel that I've been completely shafted by bureacracy here: that I have done everything right - I have entered the country legally, I have filled in all the correct forms and submitted them in a timely fashion - and have gotten nothing in return. And they wonder why there's such a problem with illegal workers in this country...

This morning, I had calmed down enough to call the USCIS Information Center for advice. I outlined my case to the operator, and he seemed to think that the decision was irregular: the fact that I had married within the 90 day period should stand in my favour. However, as they are only an Information Center, there is no one there authorized to act on cases: he could only offer me alternative courses of action.

The first was to open a new I-765 based on my I-485 case, but this would require another $180 fee and - almost certainly - another 4 month wait. The second option, one that he thought would be better, was to make an appointment at the Portland USCIS office to discuss my situation personally with an officer.

The only way to make an appointment is via USCIS' online "InfoPass" system, which I have never had any luck with to up until this point, so I wasn't particularly hopeful when I logged in to it... I expected the usual "there are no appointments available at this time, please try again later" message. Fortunately - and completely unexpectedly - there was an appointment available on Monday, October 15, so I quickly snagged it. Hopefully, some common sense can be applied to my case, because the "service" I have got from USCIS regarding my work authorization has been nothing short of disastrous so far.

Posted in: chaosboy, immigration, united states on October 2, 2007 at at 12:55:00 PM 1 comments    

Last night, I was shocked and surprised as the following email appeared in my inbox:

Subject: Case Status Information

The last processing action taken on your case

Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: We mailed you a decision.

On September 26, 2007, we mailed you a decision on your I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

It's all very - and completely unnecessarily - cryptic and vague... why can't they just tell me what the decision is in the email, instead of making me wait impatiently for the postman each day? Sigh. At least the end of this process is very close now!

And no celebrations yet, please. The decision could still be "go back to your own country and stop stealing our jobs, you convict Aussie". Unlikely, but it could happen.

Posted in: chaosboy, immigration, united states on September 27, 2007 at at 9:35:00 AM 0 comments    

Yes, I know it's just a fancy-pants word for "taking your fingerprints", I just wanted a funny title for this entry...

I finally have an appointment to get my biometrics "captured" by the USCIS in relation to my I-485 (residency) application. It's on October 17th, so almost a month away still. At least things are happening with this application, unlike my I-765 (employment authorization document). The way things are going, I'll get my Green Card before my EAD, even though I put that application in two months earlier!

Posted in: chaosboy, immigration, united states on September 23, 2007 at at 2:46:00 PM 0 comments    

At last, a glimmer of progress on my I-485. The check (or cheque for those from the Commonwealth) that I sent in with my application on the 27th of July has finally been cashed by the US Department of Homeland Security! That's 53 (yes, count them - fifty-three!) days to basically open my envelope and cash a check. I'm looking forward to my residency being approved – in 2012!

Still, it's nice to know that the application actually got there and is being processed, however slowly. I was starting to think it had got lost in the mail!

Posted in: chaosboy, immigration, united states on September 17, 2007 at at 11:43:00 AM 0 comments    

So I rang the USCIS again today to enquire about my I-485 (application for permanent residency) as it's been over 30 days since I mailed it off and I still haven't received even a receipt for it. The woman at the call center was very courteous, but told me that due to high demand for USCIS services in July, it is taking them up to 90 days to send out receipts. That's just an acknowledgement that they have received my forms, nothing more! It also means that I have an uncleared cheque for $395 looming over my bank account until they finally get around to my application, which I find more than a little annoying. Still, that's just the way it is, and there's not a lot I can do about it. I really am starting to think that one man and his monkey are processing applications at the Nebraska USCIS office, though...

Posted in: chaosboy, immigration, united states on August 31, 2007 at at 5:14:00 PM 0 comments    

I just passed 90 days since I sent in my I-765 (Employment Authorization Document form) the other day, and since I hadn't heard anything from the USCIS since early June, I thought I'd give them a call. Especially as it says this on their website:

If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.

Well, that sounds like 60 days without hearing something is cause for some sort of alarm, doesn't it? Out of the ordinary, maybe? Surely I should have that piece of paper in my hands by now, right? So I give them a call on their National Service Center line. After going through a billion automated options and recorded announcements, I finally get to speak to a human and explain my situation.

To my horror, he proceeded to tell me that I am still within normal processing time and my EAD may still take up to 90 more days to be approved. 90 more days!?!!! Another three whole months! How can anyone be expected to emigrate to a new country and have to remain unemployed for up to six months? The guy could sympathise with my frustration, but there wasn't anything he could do about it... he can only report on what his computer is telling him. He did let me know that I'm meant to have a biometrics scan done as part of this application and has set that in motion, so at least something is being done.

What's really worrying me is that it's almost a month since I sent in my I-485 (Application for Residency) and I haven't even got a receipt notice for that yet... I am dreading that phone call...

Posted in: chaosboy, immigration, united states on August 28, 2007 at at 4:11:00 PM 0 comments    

Chaosboy and Chaos Gurl are reunited after four long months, although getting here turned into far more of an adventure than it should have been.

I arrived at Sydney Airport in plenty of time for my flight thanks to a lift from my parents and strolled right up to the Business Class counters, past the snaking queues of Economy Class... (am I sounding like a snob? Perhaps, but I certainly do enjoy all the perks of the higher classes of air travel!) However, the first words of the United staff member weren't encouraging, "Oh, haven't you heard about the San Francisco flight?"

She then went on to tell me that the Sydney - San Fran flight had been cancelled for the day. For five seconds, panic rose in my throat and I was wondering how to tell Christine that I would be coming another day later. Fortunately, all passengers were being transferred onto the Sydney to Los Angeles flight and she was able to book me onto a LA to Portland flight as well. Disaster averted! The LA flight was leaving much earlier than the SF one, so I had to bid a hurried (and slightly teary) farewell to my parents to get through security in time to catch it. I also was able to send a quick email to Christine to let her know the change of plans.

Thirteen hours of Business Class comfort later (I was actually able to sleep!), we landed in LA, which, by the way, is possibly the ugliest airport I have ever been in. Even Heathrow looks neat and tidy compared to this awkward, clumsy hodge-podge of an airport terminal. Immigration and Customs were cleared with the utmost of ease, with no hard questions or interrogation at all. However, as I exited the secure area of the terminal, I was greeted by a United baggage handler who asked me if I was continuing on to another destination and if he could help me recheck my bags. When I told him I was going to Portland, he informed me that that flight had also been cancelled and I'd have to go upstairs to the ticket office to find a new flight.

Wearily, I lugged by bags upstairs and asked to book a new flight to Portland. At first, the assistant told me that the next flight from LA to Portland was leaving LA at 5:39pm and wouldn't arrive there until after 8:00pm. It was only 10:30 in the morning at this point, and the idea of hanging around in crappy old LAX for 7 hours really didn't appeal, so I asked her for another option. She eventually hooked me up with a flight from LA to San Fran, connecting with another flight to Portland. This would get me in to Portland at around 6:00pm. I accepted these flights as the best of a bad lot and set off to the gate.

The flight was scheduled to leave at 1:00pm, but this blew out to 1:45 and then 2:00! This day was definitely not a good advertisement for United's reliability! By the time I eventually got to San Fran, I had to sprint from Gate 76 where we pulled in around to Gate 90 to make my connection! I made t with a few minutes to spare and was cheerfully informed that "if you made it here, your baggage will as well".

I finally arrived in Portland at 6:03pm, meaning I had been on planes or waiting around at airports for a full 24 hours or so - far more than I really wanted to. But it was all worthwhile when I saw Christine holding up an awesome hand-painted welcome sign with a huge smile on her face. Reunited at last... let the adventures begin!

Posted in: chaosboy, chaoslove, immigration, portland, united states on May 16, 2007 at at 7:38:00 PM 1 comments    

Visa
Originally uploaded by Senex Prime.

And this is it... the all-important K-1 Fiance Visa, safely affixed to my passport! It's taken a long time to get it, but my desire to get to the States and be with my Chaos Gurl has only got stronger and stronger the longer the process has taken... roll on the 15th!

Posted in: chaosboy, immigration on May 2, 2007 at at 2:54:00 AM 0 comments    

I booked my flights to Portland today! Having been completely unable to decipher the upgrade system on United Airlines' website, I finally resorted to calling their Customer Service phone number – oooo, how old fashioned! Unfortunately, all the seats on the Sydney to San Francisco leg of the trip were booked out for the 14th May - the date that Christine and I had decided upon - so I had to move everything one day later, to the 15th.

However, I have a confirmed upgrade to Business Class for the long haul flight, something for which my body sincerely thanks me. Then, for no apparent reason at all, United decided to upgrade me to First Class for the San Fran to Portland leg! I have to say that I wonder how much use First Class is on a two hour flight (especially one that doesn't do any food service), but it certainly will be fun finding out! And I'm certainly arriving in style!

Posted in: chaosboy, immigration on May 1, 2007 at at 4:58:00 AM 0 comments