Marriage Based AOS Questions

C

Canadian John

Registered Users (C)
Hi everybody,

I am finalizing the forms for my GC package which I hope to send out sometime this week or next week. Most of everything is done except for a few blank lines I was hoping I could get some assistance with. I am going through my forms and will compile my questions in this thread rather than start a new thread for each query I may have.

My first question is in regards to the I-130. In Part B, question 14, it asks if the beneficiary (me) is currently in the US and how I arrived as. It then says "Date Arrived". Now as you can see in my timeline i've had two different employers for which I have obtained TN status for. Back in June 2005 - April 2006 and then my current string of TN's with my current employer from July 2006 to the present. As you can see I have a gap (in which I had went back to Canada etc). Which Arrival Departure # do I put and what would my "date arrived" be? I assume the most recent one (from my employment from July 2006 to present). I ask this because I do not want to leave out my first TN experience / date as i'm sure that date is somewhat significant.

Thank you,

CJ
 
For that question on the AOS they are concerned only about the latest entry into the US.

You need to be careful of this, because the TN is not a dual-intent visa and they can deny your I-485 if you file it within less than 90 days since your last entry. From your signature I can see you did an immigration medical on 1/26/09. If your last entry to the US was after that or less than 90 days before that, that could also be a problem. To avoid those pitfalls you should pursue consular processing (instead of I-485) if your last entry to the US was within those time frames.
 
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http://www.naftatnlawyer.com/applying-for-green-card-tn-st/
A Canadian citizen already in the U.S. under valid TN visa status who may not need to renew his or her TN should use caution before filing for adjustment of status. Just as an issue with intent may prohibit another TN for AOS candidates, filing for AOS under TN visa status may jeopardize the approval of the adjustment of status application itself. The decision to approve an application for adjustment of status is purely discretionary – much like the decision to approve an application for a TN. One of the factors considered in this exercise of discretion is the issue of preconceived intent. A preconceived intent to immigrate at the time of entering the U.S. as a non-immigrant (such as TN status) can be a basis to deny an application for adjustment of status. An applicant may offset this adverse factor by presenting evidence that would favor an approval. For example, where the preconceived intent is the only negative factor, an application for adjustment of status may be approved where the applicant is an immediate relative of a U.S. citizen. Waiting for several months after admission to the U.S. before filing the AOS application may also diminish the appearance of pre-conceived intent. Nevertheless, the risk for denial on this basis should not be overlooked.
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Thank you greatly for your replies. To answer you guys, my last "physical" entry into the US was July 2007, my last Mail-in I-129 TN status renewal was sent May 2008 and approved August 2008.

So based on what you said I should fill in July XX 2007 as my date arrived as opposed to June 2005 (my first ever TN) or August 2008 (my most recent TN approval).

Thank you guys,

CJ
 
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