Beginning steps

[Canada-David 1]

Hello all,

I just found this forum today and I must say, what a find indeed!

Please forgive the redundancy of my questions, as I am sure they have been asked many times. However, I was hoping a kind soul would point me in the right direction as to where to begin my journey towards a green card. Here is a brief summary so far:

I am 31 years of age. I am born and raised in Canada and I am currently living in Houston, TX working under a TN-Visa. Here are the details:

- Met my wife playing checkers online in 2001

- After years of talking online and visiting each other, I interviewed and was offered a job in Houston, Texas in 2005

- My employers helped me attain a TN Visa in order to work here. I was told a TN would be easier than a H1-B as I do not have a bachelor's degree (I have a 2 year college diploma/associates degree)

- My wife and I married at the end of 2007

- I am currently working under a 3-year TN visa that expires at the end of 2012

Since it looks like at least my immediate future will be here in the United States, I was hoping to get some advice as to how to go about getting a more permanent status here. I assume a green card would be in order now?

I know enough about the TN that going from a TN to a green card is not advised. Is that correct? If so, are there steps I can follow to get a different visa and then a green card?

Any advice you may have on my situation would be greatly appreciated.

[frenzyheart 2]

Others may pipe in and correct me if I'm wrong... or add to what I say, but I believe you can file for AOS to get your green card. I'd think that, so long as you have co-mingled your assets and have loads of proof that you're in a legitimate marriage, then it should be no issue!

Again, I welcome anyone to add or correct me, please! (Hopefully I'm not giving advice that's too far off.... lol)

Edited June 29, 2011 by frenzyheart

[Inky 1,111]

Get married and file AOS no need for a visa you are already inside the USA.

You need to file I-130 and I-485 package together ( in the same envelope but two separate petition packages two separate payments)

Here is the guide for AOSing after marriage inside the US. http://www.visajourney.com/content/i130guide2

[la2011 5]

Hello all,

I just found this forum today and I must say, what a find indeed!

Please forgive the redundancy of my questions, as I am sure they have been asked many times. However, I was hoping a kind soul would point me in the right direction as to where to begin my journey towards a green card. Here is a brief summary so far:

I am 31 years of age. I am born and raised in Canada and I am currently living in Houston, TX working under a TN-Visa. Here are the details:

- Met my wife playing checkers online in 2001

- After years of talking online and visiting each other, I interviewed and was offered a job in Houston, Texas in 2005

- My employers helped me attain a TN Visa in order to work here. I was told a TN would be easier than a H1-B as I do not have a bachelor's degree (I have a 2 year college diploma/associates degree)

- My wife and I married at the end of 2007

- I am currently working under a 3-year TN visa that expires at the end of 2012

Since it looks like at least my immediate future will be here in the United States, I was hoping to get some advice as to how to go about getting a more permanent status here. I assume a green card would be in order now?

I know enough about the TN that going from a TN to a green card is not advised. Is that correct? If so, are there steps I can follow to get a different visa and then a green card?

Any advice you may have on my situation would be greatly appreciated.

This is too funny! Your situation is the same as mine to a tee haha. See this link that spells out all the steps to go from a TN visa to a Green Card. It's pretty easy. If you have questions or are unsure about anything, message me and I will gladly help out.

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

[la2011 5]

Also, since you have been married since 2007, the green card you will receive will be permanent and valid for 10 years.

3 years after you have received your green card, you will be able to apply for US Citizenship. Good luck!

[Krikit 1,164]

Hi there. You can also look for posts by "Warlord". He went from a TN visa to AOS through marriage. I'm going to move your thread from the Canada forum to the AOS From Work Visa forum. But please come back to the Canada forum. lol. Welcome to VJ!

[Canada-David 1]

Wow. I think this is officially the kindest forum I've ever posted in. Thank you so much for all the assistance everyone! I will look into the details and let you know!

[warlord 73]

Yep think most everyone covered the basics already. You just need to file for the AOS (EAD and AP) and you're all set until you have your GC interview and receive your official Green Card status (permanent residency).

The good news about the 3 year TN-Status now is that they are good for 3 years. Before it was a lot more complex to time everything with the TN status in order to get your EAD in time before the TN status ran out. So for you this will be a non-issue.

And yes since you're already married as mentioned you would go straight to the 10 year GC.

Now the question is how did you manage to get a 3 year TN-status while being married to a USC? Since being married shows signs of permanent residency they should have denied you the TN status when you last applied. Did you mention that on the TN status application at all that you were married?

Not sure if that could cause an issue during the interview at all or not. They may question that however, so be prepared for that as it may or may not cause issues. You should have immediately applied for the AOS right after you got married as that pretty much makes you ineligible to apply for future TN-status's. So I'm just curious how they over looked that on your application.

[Canada-David 1]

Good question. And I don't have a solid answer, honestly. I was completely ignorant of all of this. I let my employer handle all of my TN applications. When I renewed my TN in 2009 (two years after I had been married), I don't recall the form asking me if I was married. If it did, I would have told the truth for sure. I truly have nothing to hide and if it causes issues in the interview for my GC later, then I suppose so be it. I certainly had no fraudulent intent, so hopefully it won't be a problem

I did the application by mail, with attached documentation of my employer's support (it's a pretty large company). Maybe that helped? All this was done "on behalf of company_name".

EDIT:

Warlord, Do I not have to also fill out the "I-130 Petition for Alien Relative" and the "I-485 Adjustment of Status" in addition to the EAD and AP? I was following the guidelines here:

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

Edited June 29, 2011 by Canada-David

[Inky 1,111]

Good question. And I don't have a solid answer, honestly. I was completely ignorant of all of this. I let my employer handle all of my TN applications. When I renewed my TN in 2009 (two years after I had been married), I don't recall the form asking me if I was married. If it did, I would have told the truth for sure. I truly have nothing to hide and if it causes issues in the interview for my GC later, then I suppose so be it. I certainly had no fraudulent intent, so hopefully it won't be a problem

I did the application by mail, with attached documentation of my employer's support (it's a pretty large company). Maybe that helped? All this was done "on behalf of company_name".

EDIT:

Warlord, Do I not have to also fill out the "I-130 Petition for Alien Relative" and the "I-485 Adjustment of Status" in addition to the EAD and AP? I was following the guidelines here:

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

EAD is a work permit

AP is a travel permit

Both of these are for before you get your green card.

You MUST file the I-130 and the I-485 this is to apply for the green card from inside the usa.

[warlord 73]

Good point, I am trying to remember when I used to get a new TN status by mail and maybe it doesn't ask anything about marital status now that I think of it. You probably won't have a problem, usually they are pretty lax during the Green Card thing and will even allow illegal immigrants who married to even get their GC after they've applied through marriage. I just think they might bring it up or ask why you didn't file when you suddenly got married, but like you said, you weren't aware of the whole procedure. So probably won't be an issue, but maybe try and research other cases of people in the same position and see how their outcomes came...