Coming to America

A common assumption about immigration in America is that if you marry an American, you’re automatically “in.” But the process can be long and tortuous, even for two people who sincerely want to be together, and even if those people are diligent about filling out paperwork. First, anyone who does not have a valid visa often has to leave the United States and apply for one in his or her home country. Second, even after the proper petitions are filed, forms signed and fingerprints taken, acquiring a green card can mean waiting in line at more government offices than you ever knew existed. Here’s how the quest for a green card set off the journeys of two people.—Carly Berwick

Judith
A Mexican citizen

At age 10, Judith arrives in Los Angeles with her family. She works alongside the rest of her family in downtown L.A.’s clothing district. They are all paid under the table. Judith avoids school trips to Washington, D.C., since it requires a valid social security number.

At age 13, Judith meets her mentors, a married lawyer and an artist, through the Fulfillment Fund.

The Fulfillment Fund is an L.A.-based organization that helps economically disadvantaged youth graduate from high school and get access to a college education.

As she enters her junior year in high school, Judith begins to think about college. She inquires about getting a social security number in order to fill out college applications. But she still applies without one to a California State University campus (and she sends her application via registered mail).

Several months later, although she has received receipts for her registered mail, the college says they have no record of her application.

Judith’s mentors call in a favor with a friend who knows the college administration. Her application is found.

Judith is admitted to the Cal State college but cannot apply for financial aid.

Her mentors raise the necessary money to cover both her tuition and living expenses: $17,000 a year.

At college, Judith studies education and sociology. She meets her boyfriend. In 2000, the U.S. government establishes a temporary three-month window in which immigrants without a visa who want to marry a U.S. citizen do not have to first leave the country (the rule was repealed the next year).

Judith decides, with the support of her mentors, to take advantage of this temporary law, and marries her boyfriend at the age of 23. He is 21.

After college, Judith applies for graduate school. She received her master’s in education from her Cal State college, and is currently pursuing a doctorate in sociology at another school. 

Michael
A British citizen

1990: Michael meets an American woman while both are working overseas. They move back to the United States to spend time together; soon they decide to marry. Michael returns to England and sends in the paperwork to apply for a fiancé visa, which will let him enter the country and stay to marry.

After a six-month delay, Immigration and Naturalization Service (INS) (now Citizenship and Immigration Services, or CIS) says they can’t approve it. No one is available to explain why.

Michael’s fiancée calls her senator, Christopher Dodd. Dodd’s office looks into the matter and eventually finds out that the initial case number issued to Michael was originally assigned to someone else. Soon after, CIS/INS sets up an interview at the U.S. embassy in London.

After the interview, which includes submitting medical records, the visa is finally issued via a stamp in Michael’s passport and papers for customs.

Upon arriving at JFK airport in New York, he is taken aside to a special room to take the photo for his temporary visa. No one has the key necessary to open the camera. After an hour, the key materializes, and 30 minutes later, he is issued a temporary visa, which requires that he get married within 6 months of entry.

1994: Michael and his fiancée marry four months later in a small ceremony. He sends in additional documentation to INS/CIS, including his fiancé visa and marriage certificate. A couple months later, he is issued a provisional two-year green card. (1995)

Two years later, when the green card expires, Michael and his wife go to Hartford, CT, for a joint interview, bringing documents proving cohabitation and shared bank accounts. Michael provides fingerprints at a local police station. A short time later he receives his “permanent” green card, actually only valid for 10 years. (1997)