TN to Greencard via marriage?

[weepingwillow]

I am a US Cit who has been with my Canadian boyfriend for 5+ years. We have a child together. My boyfriend has been working in the us on a TN-visa. He recently began a new position and just renewed his TN in June and it does not expire until June of 2013. We are going to try to have another child and we would like to get married before I get pregnant. Is it possible to adjust status from a TN visa? I know it is "possible" but with immigrant intent issues out there, I would love your thoughts on this issue. I, the USC, have no income but we do have a good chunk of change in assets if you count his assets AND we also have my brother, a USC who would be more than willing to complete an affidavit of support.

What do you think?

 

[nelsona]

It is possible. What you must do is marry, file all the paperwork associated with marraige-based GC, -- all the while remaining in US (wedding, honeymoon, etc), until his EAD (I-765) and AP (I-131) are approved.
He would no longer be working based on his TN, but on his EAD. This situation would continue until he gets his GC.

This has been accomplished many times. The key is not having to either renew TN or enter US on existing TN from the time of wedding until he has his EAD/AP -- not necessarily his GC -- which is usually a period of no more than 3 months.