Confused on my options

H

Hubcap

Registered Users (C)
I'm married to a US Citizen and I am confused as to my options on getting a greencard.

I was on a TN, but it was denied so I'm in the process of going back to Canada. I want to apply for my GC in Canada and move back when I have Employment Authorization. Can I just file for an AOS or do I need a K3?

What's the current wait time for EAD?
 
If you are Canada, then file for an immigrant visa (CR1/IR1). Once you have this visa in hand (approx 10-12 months time) you will immediately become a Permanent Resident upon entry, and therefore work authorised from day one.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

However, provided that you entered the US without the intention of staying and going through AOS based on your marriage, then you may be eligible to go through AOS to get your greencard without having to return to Canada. From the filing date of your package, you can be expected to wait up to 90 days until your EAD is approved.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
 
elcupacabras said:
If you are Canada, then file for an immigrant visa (CR1/IR1). Once you have this visa in hand (approx 10-12 months time) you will immediately become a Permanent Resident upon entry, and therefore work authorised from day one.
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I thought that I was automatically applied for a CR1/IR1 with a K3. In any case, I'd still have to file an AOS after I get approved for a CR1/IR1 or K3, correct?
 
Hubcap said:
I'm married to a US Citizen and I am confused as to my options on getting a greencard. I was on a TN, but it was denied so I'm in the process of going back to Canada.
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Moving to Canada will incredibly complicate and delay things. Just file the I-130/I-485 package and be done with it.
 
They are not aware that I'm married to a US citizen. I wasn't given an official deportation order, but they I am out of status now. I was told (verbally) that I need to leave the country when I was denied my TN.
 
Hubcap said:
I thought that I was automatically applied for a CR1/IR1 with a K3. In any case, I'd still have to file an AOS after I get approved for a CR1/IR1 or K3, correct?
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No. With K3 you'd need to file AOS, but with the CR1 or IR1 you'd immediately become a permanent resident the day you enter the US. So K3 is usually a waste of time.
 
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The denial was not related to my marriage. Last time I entered was on a TN, which is now expired.

So, the CR1/IR1 is straight to green card?
 
Hubcap said:
The denial was not related to my marriage. Last time I entered was on a TN, which is now expired.
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The reason I asked about how long ago you entered the US was related the possibility of filing the I-130 and I-485. If your last entry was more than 90 days ago, you could go ahead and file the I-485 instead of going back to Canada.

But if your TN expired more than 180 days ago, you would become subject to the 3-year bar to entry as a result of being out of status for 180 days. To get that bar cleared without actually leaving the US for 3 years, you would have to file I-485 and wait within the US, without leaving the US for even a day until your green card is approved. However, if you are close to that 180 days, you might prefer to leave the US now before the 3-year bar is triggered, so you can avoid getting stuck.
So, the CR1/IR1 is straight to green card?
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Yes, once you enter the US using that, they'll stamp your passport and you'll be a PR immediately. After a month or two they'll send the plastic card in the mail.
 
I'm even more confused then when I started. My TN expired March 1, 2009. I was let back in after trying to renew on Feb 28, 2009.

Are you saying that I can just file an i-485 and be done with it? Can I file it and still leave the country? Is that route faster than a CR1/IR1?
 
Hubcap said:
My I-94 expired on March 1, and I was not given a new one.
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My best guess is that you were legally admitted into the US, and you are now out of status and illegally present. Personally, I'd wait 90 days and file the I-130/485. You'll be legal again the day it's received by USCIS.
 
TheRealCanadian said:
My best guess is that you were legally admitted into the US, and you are now out of status and illegally present. Personally, I'd wait 90 days and file the I-130/485. You'll be legal again the day it's received by USCIS.
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Are there any benefits of doing it this way? It seems like it is more risky than the CR1/IR1 route...

Is it faster? Can I go back to work as soon as I'm legal?
 
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