TN Status getting married to US Citizen

N

nyc_canuck

New Member
Hi everyone,

Backstory
I've a Canadian working in the US on a TN (which I got in Dec 2012). I am now planning on marrying a US citizen and am aware that I will have to get a green card to not have any complications if I have to renew my TN later. We are planning on moving to Europe in a few years, but I also realize that it would be difficult for me to travel back and forth to the US on a TN while I am married to a US (hence the green card option)

Problem/Question
I found 2 ways I could get a green card

1. Apply for adjustment of status OR
2. Immigrant visa process

I understand that Option 1 is easier (and quicker?) but has a lot of risk to be denied for having dual intent. Now, I got my TN over a year ago and did not have an intention if getting married here, but I also re-entered the US recently from visiting family (the wedding will be about 30 days after re-entry). Will this affect if I do an adjustment of status?

Option 2 seems pretty straight-forward, but takes longer? - I still have another 14 mths on my TN so I don't know if I should be worried about time?

Thanks and appreciate any answers/help I can get
 
Well, at the time you enter, you cannot have intent to file AOS during that trip. But you can change your mind later. So for example, if you guys only recently decided to get married and file for AOS, in the last month, then it would be okay. I think as long as you didn't lie to the immigration officer when you entered, it should be okay, because they decided that you didn't have intent to file AOS at that time, or they wouldn't have let you in.

But other people recommend waiting a few months after entry before getting married to make it more credible that you didn't intend to AOS when you entered.

I think AOS is better than consular processing since you are in the U.S.. Consular processing would require you to stay a period of time outside the U.S. (to do the interview and stuff, before you get the immigrant visa), but you have a job in the U.S.
 
While there is some consideration of how recently one has entered US when one "+suddenly" creates immigrant intent, this is NEVER a problem the case in marriage-based AOS filings, so I would not worry. It has occured with Employment-based AOS, which is why it is recommended to delay filing AOS until 90 days after last entry, but not for marriage-based.
 
Thanks for both replies! Just wanted to make sure I am doing things the right way :).

About the time period, would it be any different if I got married now and just waited to adjust status? Or do they just look at the day on the marriage license?

EDIT: typos
 
Like I said, I would not worry about that. What I would worry about is that once you get married, you are never going to be admitted back into US on TN or any other temp status, so you do not want to waste any time after marriage to file i-130/I-485. etc, as you are in a precarious situation at this point and if some emergency would arise you would not be able to leave US unless you were willing to give up your job and probably also be stuck outside US until you filed for Consular processing. THAT is where the urgency lies. Already you will be stuck for the 2-3 months it takes to get your EAD and AP approved, so each day you delay filing AOS makes it more more risky.
 
Got it. Thanks for your responses!

So basically I get married and then file for AoS, EAD and AP right away and all at the same time right? Do I have to apply for anything else?
 
Correct, there are many form associated with AOSD filing, but this is not the place to discuss that aspect. Rememember that once you marry, don'yt leave US with AP and EAD approved, including no honeymoon outside US.
 
Got it. Makes sense to have your stuff on hand before going anywhere.

Thanks! I really appreciate your help and insights. Life savers :)
 
Hi Guys, sorry to keep harping, but I've read the USCIS website and visa journey, but the AoS forms are getting a bit confusing. Do I and my wife file at the same time (i.e put everything in the same envelope?)

Also - does she also have to do a biographic form? (G325A?)
So far - I have these forms:

My Forms
1. I-485 - AoS
2. I-765 - EAD
3. I-131 - AP
4. G-325A - Biography (Do I send this in with the others? or will they send me to a specific doctor?)
5. I-693 - doctors examination

My Wife's Forms
1. I-130 - petition
2. I-864 - financial support?
3. G-325A - Does she also have to do this (she is a born US citizen)

Also - proof of marriage/relationship, do we send it in with the above?

Am I missing anything else?

Again - sorry about all the questions, but from reading all the other threads around here - you guys seem to be the most knowledgeable people around. I only get one shot at it so just want to make sure all is in order.

Thanks to everyone who reads and/or can help. :)
 
Yes, you send them all in the same envelope.

You should organize the material by each main form and supporting materials for that form. You can find out what each form needs by reading the instructions for that form.

For example, the things that the I-130 form for marriage-based petition will need include: a check, proof of your wife's citizenship, one G-325A each for you and your wife, one photo each for you and your wife, marriage certificate, and evidence of bona fide marriage.
Then the things that the I-485 form will need include: a check, your birth certificate, copy of visa if you got it in the last year, a form G-325A for you, 2 of your photos, I-693, and I-864 (the I-864 itself needs tax transcript and proof of current income).
The I-765 and I-131 will also need 2 photos each, plus I-131 also needs proof of your current status and an ID.

So, you will need 3 G-325A's, two for you and one for your wife, but they go in different places. You also need 7 photos for you and 1 for your wife, but again they are split up into different places.
 
Not a problem. just think you will get much better support there, since the TN issues are already taken care of.
 
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