From TN to Green Card

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northcloud

Registered Users (C)
I need help to figure out what status I am in now. I am canadian and entered USA with TN visa couple years ago. I was laid off last month (May, 2007). I think I suppose to leave this country once I lost my job. But I haven't gone back Canada yet since I married a USA citizen this month in Las Vegas. I am looking for a new job now and preparing to apply Green Card. My formal marriage certificate hasn't mailed to me yet (I only have one which is signed in a chapel where I had a ceremony. It said that this one is not official). I suppose to receive the formal one someday in end of July. I have several questions. 1. Do I need to go back Canada and re-enter USA as a visitor now since I am not working with TN visa even I married a USA citizen? 2. If I have to go back to Canada and re-enter USA, can I use the marriage certificate I had to enter US? 3. If I don't have to go back to Canada, can I apply green card with the marriage certificate I had in INS? 4. I know it will take a while to have a working permit once I apply green card. If I get a new job before to receive the working permit, what can I do? wait for the working permit or to apply TN again? Thanks in advance. northcloud
 
northcloud said:
1. Do I need to go back Canada and re-enter USA as a visitor now since I am not working with TN visa even I married a USA citizen?
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-- This is my opinion: If your I-94 is expired, then you are accumulating illegal presence. If that is the case, prepare to apply for the pardon/waiver and then apply for marriage based green card (I-130). There are people on this forum who have done that (i.e. marriage based GC) and they will be able to guide you. If your I-94 is still valid, then the question of obtaining pardon does not arise and you should proceed with I-130.

northcloud said:
2. If I have to go back to Canada and re-enter USA, can I use the marriage certificate I had to enter US?
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-- No. That will be the receipe for obtaining the denial to enter the US.

northcloud said:
3. If I don't have to go back to Canada, can I apply green card with the marriage certificate I had in INS?
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-- See my answer to your question 1.

northcloud said:
4. I know it will take a while to have a working permit once I apply green card. If I get a new job before to receive the working permit, what can I do? wait for the working permit or to apply TN again? Thanks in advance. northcloud
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--- Once you apply for I-130, most probably you will not be able to get the TN. You will have to wait for the EAD.
 
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At this point, whether or not he applies for I-130, you can't get a TN. Since you are no longer in status you can't file I-129, and you can't go to the border for all the reasons bigboy listed.

You need to file I-130/I-485 asap. The fact that your out of status for less than 180 days makes you eligble to file I-485 without status. Once you file i-485, you are in status. Once you get EAD, you can work.
 
bigboy00 said:
-- This is my opinion: If your I-94 is expired, then you are accumulating illegal presence. If that is the case, prepare to apply for the pardon/waiver and then apply for marriage based green card (I-130). There are people on this forum who have done that (i.e. marriage based GC) and they will be able to guide you. If your I-94 is still valid, then the question of obtaining pardon does not arise and you should proceed with I-130.



-- No. That will be the receipe for obtaining the denial to enter the US.



-- See my answer to your question 1.



--- Once you apply for I-130, most probably you will not be able to get the TN. You will have to wait for the EAD.
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Thank you, bigboy00. The expiration date on my I-94 is Jan, 2008. Someone told me once I lost my job, my I-94 will expire automatically no matter which date was on I-94 form. Is it true? Here is my further question about to apply green card. Do I have to use a Certified abstract of marriage to apply I-130? I haven't received it yet. I will receive it in another 6 weeks. I only have a marriage certificate. Can I use this certificate to apply Green Card right now? Thanks again. northcloud
 
You lost TN status the instant you lost your job. However, while out of status, you are not yet accumulating illegal days, since your I-94 is not expired yet.

So, as I said, you need to apply for I-130/I-485/I-131/I-765 today, and you will have your EAD in 90 days, and your 'limbo' status will be history.

There are TONS of websites that deal with the details of marriage-based GC process. Find one.
 
Please Help!!!! Interim Employment authorization needed

Hi Guys,

This is my situation: I came here on a B2 Visa and overstayed my time (4 years). I married my longtime boyfriend on Feb '07 (IN THE US) and filed I-130/I-485 on March 9th, 2007.
I received RFE on April 6th, to which I responded successfully a month later. They wanted Employment letter for my co-sponsor and a translation for my birth certificate which is in french. And they told me that I was not eleigible for Interim Employment Authorization Card.
On June 16th I received I received the interview letter for August 14, 2007; but did not receive the work permit to my surprise.
I don't know if I should have applied for the I-765 because it says on the form that only K1 AND k3 Spouses/fiancees need to apply not B2 wives.
So, my concern is: will they send me the card automatically, or if not, can I attend the interview without the work permit.
I urge anybody that had any previous experience of that sort, to answer me or e-mail me.

Thanks in advance.
 
nelsona said:
You lost TN status the instant you lost your job. However, while out of status, you are not yet accumulating illegal days, since your I-94 is not expired yet.

So, as I said, you need to apply for I-130/I-485/I-131/I-765 today, and you will have your EAD in 90 days, and your 'limbo' status will be history.

There are TONS of websites that deal with the details of marriage-based GC process. Find one.
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Thank you again. Do I need to apply in person or just fill up the I-130/I-485/I-131/I-765 forms and mail to USCIS Vermont Service Center (I live in MA)? northcloud
 
You also need to include the Affidavid of Support form I-864, Biographic Info G-325, and Medical Exam I-693. All forms are to be completed and sent to the appropriate service center (VSC in your case).
 
Jojojolie said:
Hi Guys,

This is my situation: I came here on a B2 Visa and overstayed my time (4 years). I married my longtime boyfriend on Feb '07 (IN THE US) and filed I-130/I-485 on March 9th, 2007.
I received RFE on April 6th, to which I responded successfully a month later. They wanted Employment letter for my co-sponsor and a translation for my birth certificate which is in french. And they told me that I was not eleigible for Interim Employment Authorization Card.
On June 16th I received I received the interview letter for August 14, 2007; but did not receive the work permit to my surprise.
I don't know if I should have applied for the I-765 because it says on the form that only K1 AND k3 Spouses/fiancees need to apply not B2 wives.
So, my concern is: will they send me the card automatically, or if not, can I attend the interview without the work permit.
I urge anybody that had any previous experience of that sort, to answer me or e-mail me.
Click to expand...

first of all this question is in the wrong thread. this thread is for TNs, so please move your question to the appropriate thread.
The answer to your question is: you do not need the work permit to attend the interview. At the interview (if you answer the questions correctly) you will be given Permanent Residence. The actual Green Card will arrive a few weeks later.
 
No, you don't file in Vermont. Marriage-based petitions are sent to the Chicago "lockbox" address. Others have given you good information. I strongly urge you to consult with a lawyer about your case. The fact that you are now out of status is a complication, but not a hopeless one. Since you seem to be unclear on how to proceed, a lawyer can guide you through the process and prevent you from making mistakes that will delay your case.
Do not leave the USA without talking to a lawyer.
 
The out of status thing isn't really an issue once you are now legally married. They have pardons during the green card interview stage and will pardon your pre-married status if you were here illegally in most cases. In your case being here on a TN showed you originally came legally on a TN status.

So just file as mentioned all the AOS documents and just sit back and wait for the EAD to come in the mail...
 
Thank you very much. I have another question. All forms (includes those completed by the US citizen and forms completed by the alien) should mail together to USCIS in Chicago, NOT to Vermont, is it right?
 
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