Help!!!

[Rachel2075 0]

I'm a Canadian Citizen living in the US with my 16 yr old son. I have a TN visa that I just renewed for 3 yrs. My son has a TD visa. Which basically just allows him to be here with me. He has no social security number and cannot work. I've recently become engaged to a U.S. citizen and have no idea where to begin? Do I have to give up my work visa and leave? Return on a fiancee visa?

[elmcitymaven 9,711]

Moving from Off Topic to AOS from Work, Student and Tourist Visas -- you'll probably find much more on-target answers there.

[SaraDee 9]

I'm a Canadian Citizen living in the US with my 16 yr old son. I have a TN visa that I just renewed for 3 yrs. My son has a TD visa. Which basically just allows him to be here with me. He has no social security number and cannot work. I've recently become engaged to a U.S. citizen and have no idea where to begin? Do I have to give up my work visa and leave? Return on a fiancee visa?

Hey, congratulations on your engagement!!!

As for your case, you have several options:

You can stay in the States, get married and apply for Adjustment of Status (AOS). You would not have to give up your work visa.

Or, you can go back to Canada and come back on a fiance visa.

Many people have successfully done AOS in the United States from a TN visa. I personally did AOS from a visitor visa and was approved last week.

I suggest getting a consultation with a lawyer or two to help you choose which option is right for you. That's what I did and they told me to just apply for AOS here.

Hope that helps a little.

Good Luck.

[Harpa Timsah 13,258]

You are the perfect candidate for Adjustment of Status (AOS).

Here is the VJ guide.

http://www.visajourney.com/content/i130guide2

Also check out uscis.gov for the Government website. Congrats! Don't panic!

[smurrito 1]

Read this, it's very helpful:

http://www.visajourney.com/forums/topic/212749-from-tn-status-to-green-card/

[naomi55 0]

No you don't have to leave, you can continue working on your TN while your husband (I know you're not married yet but when you do get married) can petition to adjust status for you and your son.

I would highly recommend not leaving the U.S. like you used to on your TN as they may ask about your last entry. WAit until you have AP or your GC. Also, your TN can be pulled at any port of entry and if they know you're engaged/married to a USC and they feel you have immigrant intent, they'll pull your TN.

My husband (a USC) and I travelled married while i was on a TN however we always intended on going back to Canada to live, so I didn't have immigrant intent. I never had an issue at the border or at the GC interview (we only adjusted status because I got pregnant).

You can leave the U.S. and apply for a fiancee visa if that is your wish. You'd have to give up your job and find something in Canada while you waited.