TN to F1 change of status; green card questions

[ymathew]

Hello,

I am a TN holder (expires in July 2008) and am thinking of applying for a graduate program in library science. Is it a problematic thing to apply for a change of status to F-1, if I have been accepted into a graduate program? Or is it wiser to return to Canada and let my TN status lapse before applying for a new status? I really don't want to go through another TN renewal process and I actually think that a TN status might adversely affect my other interests, as below.

The secondary part of my question is actually the more important, and maybe it's more suited for another thread. If so, please let me know and I'll repost. My boyfriend is a green card holder and we want to get married. I've read various increasingly disturbing things (online information is hard to filter) that has led me to believe that even if we get married and I don't work, I still can't stay in the country and live with him, unless I have a status of my own, like an H-1 or F-1. Is this true? I know that applying for a I-130 on my behalf would make a TN impossible, but could I have F-1 status and also have a I-130 petition on my behalf?

He can only apply for naturalization in 2011, and I know after that, applying for a spouse will be much easier and quicker. For a permanent resident, I've heard that sponsoring a spouse can take up to 5 years! That's why I was thinking of going to school so that we could at least live together. But if you could just confirm for me that marrying a permanent resident wouldn't allow me (the alien) to live with my husband (the green card holder) if there were no work-visa issues?

Basically, I just want to do the best thing for our futures. Any help you could offer me would be extremely extremely appreciated.

Best,
ymathew

 

[TheRealCanadian]

Is it a problematic thing to apply for a change of status to F-1, if I have been accepted into a graduate program?

Just file an I-539, or leave the US and re-enter with your I-20.

My boyfriend is a green card holder and we want to get married. I've read various increasingly disturbing things (online information is hard to filter) that has led me to believe that even if we get married and I don't work, I still can't stay in the country and live with him, unless I have a status of my own, like an H-1 or F-1. Is this true?

That's correct. You'd fall under the FB2A category, and the priority date wait is 5-6 years, during which time the I-130 alone gives you no ability to remain in the US>

I know that applying for a I-130 on my behalf would make a TN impossible, but could I have F-1 status and also have a I-130 petition on my behalf?

F-1 status is even less compatible with an I-130, since there's a foreign residence requirement.

Basically, I just want to do the best thing for our futures. Any help you could offer me would be extremely extremely appreciated.

Why don't you continue working in your TN job?

 

[ymathew]

Thank you for your response, The Real Canadian, that was very helpful.

The reason I don't necessarily want to continue with my TN is that I'm worried that if I get rejected this year, that rejection might affect a future spousal sponsorship petition. Also, the TN renewal is not a sure thing, to be sure.

Also, I am looking for a change from my current job.

But if that is the best thing, to continue in this status, that is something to consider. It's just hard to believe that marrying a permanent resident doesn't at least confer the privilege of living with your spouse, if nothing else.

Thanks again for your help.

Best,
YMathew

 

[TheRealCanadian]

The reason I don't necessarily want to continue with my TN is that I'm worried that if I get rejected this year, that rejection might affect a future spousal sponsorship petition. Also, the TN renewal is not a sure thing, to be sure.

The only reason why a TN rejection might cause problems for a future spousal petition is if it was based on criminal or health-related inadmissibility, but that would be a problem even if you never had a TN in the first place. I wouldn't worry about this.

It's just hard to believe that marrying a permanent resident doesn't at least confer the privilege of living with your spouse, if nothing else.

Well, it does, but that privilege is subject to a numerical limitation, and there are plenty of permanent residents who are already sponsoring their spouses.