Canadian on TN marrying American AOS questions

[moon369 1]

Hi,

I’m a Canadian on TN and have been in US for over 10 years. I’m recently engaged and looking over the AOS package and have a few questions:

- Am I applying for AOS too soon? - Our wedding is not until next year July/Aug (destination wedding) so we need to get our marriage license at home anyway (NYC). We were thinking of getting our marriage license this Nov/Dec and then applying for the green card right afterwards. Should I be concerned about applying so quickly? I saw read somewhere about being married for 2 yrs before applying but being on TN I can’t do that. My TN does not expire until July 2014 but we travel a lot and am concerned about that condition I read about ‘temporary’ intent and being engaged when crossing borders.

- Also, since I’ve been here for over 10 yrs, I should be able to submit I-864W (waiver). Has anyone had any experience with this and are there any concerns?

- Do you recommend consulting with a immigration lawyer to check over everything?

Any advice or help would be most appreciated. So glad to have found this site. Thanks!

[Little_My 464]

I assume that by "getting our marriage license" you mean you would also be getting married in a civil ceremony? Marriage license is just the permission to get married. It doesn't matter how soon after the marriage you file - we filed in two weeks after our civil ceremony in Manhattan. Better to file the paperwork as soon as you are married and before you have any reason to travel internationally, as this may become an issue now that you clearly have intent to immigrate. Also keep in mind that once you have filed the paperwork, you won't be able to travel abroad for about three months, until you have the AP travel document - so plan any looming trips accordingly.

I don't have any experience with the I-864 waiver, but if you've worked here for those 10 years in full (altogether 40 quarters) and can establish that you have been earning more than the required minimum.

Whether or not you feel you need a lawyer to help you is entirely up to you and a decision you should be making on your own. However, if you can read instructions, pay attention to detail and double- and triple-check all you are putting together and submitting, you'll probably end up doing more than any immigration lawyer ever would for your case. It seems like a straight forward AOS, which basically means it's all about filling out forms. Lawyers tend to not really fill out forms - they have someone do it for them. I wouldn't have trusted anyone else to put together my AOS package than myself and my husband. There's little a lawyer can do to make the process any smoother or faster, but that's my personal opinion.

[moon369 1]

I assume that by "getting our marriage license" you mean you would also be getting married in a civil ceremony? Marriage license is just the permission to get married. It doesn't matter how soon after the marriage you file - we filed in two weeks after our civil ceremony in Manhattan. Better to file the paperwork as soon as you are married and before you have any reason to travel internationally, as this may become an issue now that you clearly have intent to immigrate. Also keep in mind that once you have filed the paperwork, you won't be able to travel abroad for about three months, until you have the AP travel document - so plan any looming trips accordingly.

I don't have any experience with the I-864 waiver, but if you've worked here for those 10 years in full (altogether 40 quarters) and can establish that you have been earning more than the required minimum.

Whether or not you feel you need a lawyer to help you is entirely up to you and a decision you should be making on your own. However, if you can read instructions, pay attention to detail and double- and triple-check all you are putting together and submitting, you'll probably end up doing more than any immigration lawyer ever would for your case. It seems like a straight forward AOS, which basically means it's all about filling out forms. Lawyers tend to not really fill out forms - they have someone do it for them. I wouldn't have trusted anyone else to put together my AOS package than myself and my husband. There's little a lawyer can do to make the process any smoother or faster, but that's my personal opinion.

Thanks for your thoughts. My sense is the same re: lawyer. I was a bit overwhelmed when I first read the AOS process but after I spent an afternoon reading everything, it seemed less daunting. I was just curious about other's experience.

[wifi 6]

Hi,

I’m a Canadian on TN and have been in US for over 10 years. I’m recently engaged and looking over the AOS package and have a few questions:

- Am I applying for AOS too soon? - Our wedding is not until next year July/Aug (destination wedding) so we need to get our marriage license at home anyway (NYC). We were thinking of getting our marriage license this Nov/Dec and then applying for the green card right afterwards. Should I be concerned about applying so quickly? I saw read somewhere about being married for 2 yrs before applying but being on TN I can’t do that. My TN does not expire until July 2014 but we travel a lot and am concerned about that condition I read about ‘temporary’ intent and being engaged when crossing borders.

- Also, since I’ve been here for over 10 yrs, I should be able to submit I-864W (waiver). Has anyone had any experience with this and are there any concerns?

- Do you recommend consulting with a immigration lawyer to check over everything?

Any advice or help would be most appreciated. So glad to have found this site. Thanks!

I was in the same boat and filed for AOS this past April and approved in June. I also had a destination wedding. A few simple rules:

- At the border don't over-answer or offer up any additional information. Just answer their question(s). I crossed many times using my TN while engaged and married prior to filing for AOS.

- Going from TN to AOS is NOT a problem. And you can file a minute after you have a valid marriage license.

- Once you file for AOS, you CANNOT travel. You should file for Advance Parole the same time you file your AOS. Once you receive Advance Parole (usually in 60 - 70 days) you can travel again.

- I-864W is doable and I did it. Just ensure you have enough credits -- you can get this report by visiting any social security office. I included a copy of my eligible credits via the Social Security report with my I-864W.

I did NOT use an attorney. I used this site and this book from Amazon (which I found prior to the site): http://www.amazon.com/Fiance-Marriage-Visas-Couples-Immigration/dp/1413317375/ref=dp_ob_title_bk

You can read about my interview experience here: http://www.visajourney.com/forums/topic/360160-april-2012-aos-filers/page__view__findpost__p__5502110

[Hypnos 6,576]

If you qualify to file an I-864W then absolutely file it, it's much less hassle than one of the other I-864s.