Getting married on TN status

A

Alex1606

New Member
Hello, I've been working in US on TN status for the last 10 years. My current TN expires in 2022. I will be getting married in December of 2020 to a US citizen. Any advice or tips on what to do or not to do? I am planning on speaking to an immigration lawyer after I get married. Any advice would be helpful, thanks.
 
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As soon as you mary you need to quickly apply for I-130//I-485 etc. Once you marry a USC living in US, you are presumed to be immigrating, so cannot enter US on existing TN, not apply for a new TN, so you need to migrate to and EAD and then GC, which you will get about 3-4 months after you submit your paperwork.

You cannot leave US once you marry, until you get EAD/AP.
 
Read the TN to GC thread by CuriousGeorge in the top of this forum (sticky)
https://forums.immigration.com/threads/curiousgeorge-tn-gc-link.339271/
There are several examples of people on TN going to GC through marriage.
The key point is you need about 1 year before TN expiry, and you cannot leave the USA for almost one year. Not for any reason, vacation, business trip, visit sick relative, etc. If you leave USA, your I-485 will be considered abandoned. (yes, this is silly, but these are the rules)
You need to wait at least 90 days from last entry to USA before filing I-130/I-485/I-765/I-131, then you get letter for biometrics appointment (fingerprints/photographs) at ASC, then wait for your EAD/AP before you can travel again. Once you have EAD you tell employer you are now working on EAD and not TN. Since COVID, the ASC for Biometrics have really backed up, and taking much longer (they were closed March to July).
You can check current USCIS processing times for filing forms here. https://egov.uscis.gov/processing-times/
There are other website that provide much more info for marriage based GC. For example, the evidence to provide to the Green Card in person interview at USCIS. (joint bank statements, wills, beneficiary designations, etc), the medical process, etc. https://www.visajourney.com/guides/

If you are willing to spend money on a lawyer, why not talk to them before you get married. (after doing your own research on the internet).

As you go through the process, please post your experience on this forum for the benefit of others.
 
Slight adjustment, you do not need to wait when filing I-130, as you do with I-140. Since this is a marriage-based immigration, there will be no investigation of fraud based on entry date. You simply file the day after your wedding if at all possible,

You do however need to marry in US, and stay in US, even for your honeymoon, otherwise you risk denial of entry on your TN due to obvious intent to immigrate.
 
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