AOS from TN (Mexico) to Green Card through Marriage to USC

[BodRac 0]

Hi,

I know this question has been asked a few times at VJ, but a book I purchased (Ilona Bray's Fiancé & Marriage Visas) has a big warning about AOS from work visas, so I figured I would outline my situation and ask if anyone sees red flags that warrant getting a lawyer or at least extra preparation.

So, my situation. I have been in the US nearly continuously since 2000; here is my timeline:

• J-1 visa 2000 - 2003 (visa stamp had a note that 2-year rule did not apply; hasn't been an issue at all)
• F-1 visa 2003 - 2009
• H1B visa 2009 - 2011 (previous employer)
• TN1 visa 2011 - current (Mexican, so it requires annual renewals; last one was on 05/2014)
• Married a US citizen on 10/2014 and have not left the US since then (honeymoon will have to wait until next year)

Some details about our marriage:

• My wife and I have been together for nearly 10 years, although not continuously
• We got engaged about 1 year ago (so, I was engaged when I last renewed the TN)
• We have lived together for just over 1 year and the lease is on both our names
• We also lived together before, but I am not sure we have good proof of that

Some other miscellaneous stuff:

• I have a good education and job so I considered applying for a green card through a skills-based process, but my current employer won't sponsor a green card, so I would have to do it on my own, which is why I prefer AOS through marriage
• My job is not permanent, it's contract-based. My current contract runs thru 9/2015.
• A permanent position now opened at my job and I will likely apply for it as soon as I have an EAD. (It has to be this way, I can't apply without EAD. Basically, I work for Company A but they assign me to work for Company B; Company B now has a permanent position but they will not sponsor even a visa.)
  • The above 2 points may be relevant because when I last renewed my TN visa (5/2014), I did tell the consul officer (I am Mexican so I have to apply at a consulate in Mexico) that I was engaged but, since my contract was temporary, we were planning to move to Mexico when my job ended. Now that I have an option for a permanent job, I believe I can argue I did not know this was going to happen and so our plans have changed.
• Perhaps also relevant: my wife is about to start a Master's program in the US, which also affects our plans.

I think that pretty much sums up the last 1.5 decades of my life. My questions are:

• Should I worry about the fact that TN is not dual-intent and that I was already engaged when I last applied for the visa?
• Anything we should be particularly careful about when preparing the application?
• My current TN visa expires on 5/2015. Do we have enough time to start the process?

I prefer not to hire a lawyer, but if anyone thinks my situation warrants it, please do let me know!

Thanks for any advice you can offer!

NOTE: For others who reach this post because they are in a similar situation. I found this post very helpful, especially if you are Canadian.

[Manzan76 6]

You'll be fine without a lawyer, but may need a sponsor. File AOS/EAD as soon as you can, since your visa expires 05/2015. The EAD should take 90 days max if you don't get any RFEs. Keep in mind that if you change companies, the TN is no longer valid and you will have to wait for your EAD to start the new job.

I have been in the US on a TN visa since 2001, got married in 2002, and have renewed it multiple times after getting married. I filed AOS in Sept, working under my TN visa while it is processing. My visa expires 07/2015 so I filed EAD a few weeks ago just in case.

[CdnRN 40]

You will be fine. I was warned by my company's lawyers to have one because of the non-dual-intent, but it wasn't an issue. AOS due to marriage to a USC means they are verifying that your relationship is legit. Not a single question about my TN Status came up. Send in your package ASAP and you will be just fine. I had the plan that if at the end of the process I had issues I could hire a lawyer then. I didn't need to. I'd considered having a 1hr consult to confirm I'd be okay but am glad I decided against it.

Just follow the guides here and you will be fine. The post I assume you linked to was extremely helpful for me. We had zero RFEs. If your wife is a student, make sure you follow the instructions to include your income with her's and you should be okay as far as a joint sponsor. But it may be something to consider since she is a student.

Also, there is the option that people here have done to expedite their EAD due to a job offer to prevent financial hardship. I don't know details as in my case it wasn't going to apply but that may be an option as well to examine.

[rockstar 0]

We just finished an AOS from a TN and had no problems whatsoever - interview was to make sure marriage was legitimate and the TN or dual intent was not questioned. We went forward with no attorney, but did consult an attorney who specialized in TN issues (Canadian side, not Mexican) just to make sure we were not missing anything on our end. I would recommend doing an attorney consult as well just to get a good picture of any issues that may arise, double check your immigration history, etc and then go for it. It sure is a relief on our end not to be worried about renewing another TN. BTW, ours moved quick - timeline is below here in my signature, but EAD was in hand in about 2 months.

[tiglon 5]

Hi BobRac, I do not think that you should have any issue doing the adjustment of state. I filled all the paper by myself. I did not hire a lawyer.

Good luck.