Entered on TN visa, Quit job, Married USC and applied for AOS

[serena28 2]

Hi guys,

I just filed my I-130 & I-485 today and I am a little worried about the following things:

1. I did not submit 2013's tax return form with I-864 yet because he hasn't filed for it yet. (Sent 2011, 2012 returns+W2's copies as well as 2013's W2s only with employer letter + pay stubs)

2. I did not write my former spouse's DOB because I don't remember (I attached the divorce decree though)

3. Did I mail it to the right address? this is the address I found on I-130 instructions (if filing both i-485+I-130)

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor,

Chicago, IL 60603-5517

4. Was I not suppose to file I-131 (EAD) since I have already quit my job back in October and so my TN visa isn't really valid anymore ?? Can you only file I-131 if in valid status? It's too late now, I've already mailed it in today.

THANKS!!!

I think I'm panicking too much!!

Edited February 19, 2014 by serena28

[warlord 73]

4. Was I not suppose to file I-131 (EAD) since I have already quit my job back in October and so my TN visa isn't really valid anymore ?? Can you only file I-131 if in valid status? It's too late now, I've already mailed it in today.

Theoretically when your TN status ended (when you quick) you have been out of status in the US since then. You theoretically needed to return to Canada within a week or so (however they do usually grant you longer to wrap up affairs).

Now with that said, they also have an amnesty (or at least they used to) once you get to the GC interview. You will have to explain your situation and why you remained here, but that still should allow you to be granted the GC due to the Amnesty. It's weird, but that's how it is. So if you are already in the US, you should not have any problems getting your GC. At least not with this part of your question...

[serena28 2]

Thanks, I guess I will just have to explain it to them that I was working till October but we got married in August. And then we waited for paperwork to put together before mailing it in February of next year. Oh GOD! I really did take forever to mail this thing in.

But thanks for your reply, I couldnt find too many people here with a TN to GC transition. Wouldn't my stay here (over stay I should say) not be considered as bad as being here on a visitor visa? I mean, I was really here to work to and didnt even know who my husband was at the time I entered the country so really there was no intent.

[Flames9_RN 358]

Not many Cdns on this forum come via your route. Actually many Cdns do, do it via a tourist relationship, it is one of those loop holes--one that is not discussed a lot on this site for legal reasons.

[Erica & L 50]

1. Like I said in my thread, 2012 returns and W2s (or transcripts) are just fine, as well any prior year returns. 2013 paperwork wasn't necessary but I don't think they will care they'll probably just not refer to it.

2. Not sure how that would play out. I might have attached a separate sheet explaining the circumstances to why you don't know it, but I mean, if you don't know it then you can't just force yourself to suddenly remember or put a set of numbers down.

3. Yes correct address.

4. I have been in overstay since December 24th, 2013 and wasn't able to mail mine out due to co-sponsor issues and money reasons and I did not apply for the I-131 AP because there really was no point since the grace period for being able to use it when you're already out of status was just cutting it too close. I saved money on the additional two passport photos that would have had to go with it too

Overstay as a spouse is forgiven and they will process your case all the same. You've been out of status for a few months so it would not have been beneficial to you. Just gotta stay put until you get that GC in your hand!

Best of luck.

[serena28 2]

Thanks everyone for the detailed response. I wish I had researched a little more and asked these questions before mailing it out.

Hopefully it will work out!!!

Thanks!!

[warlord 73]

Thanks, I guess I will just have to explain it to them that I was working till October but we got married in August. And then we waited for paperwork to put together before mailing it in February of next year. Oh GOD! I really did take forever to mail this thing in.

But thanks for your reply, I couldnt find too many people here with a TN to GC transition. Wouldn't my stay here (over stay I should say) not be considered as bad as being here on a visitor visa? I mean, I was really here to work to and didnt even know who my husband was at the time I entered the country so really there was no intent.

That's the wonder of the amnesty part during the interview. People have just literately crossed the border without ever having a valid status (like a TN) or visa (like an H1B) and "visited" their significant other and gotten married and obtained their GC. I even knew a friends sister who actually came across, worked illegally in Florida, met her future husband, got married and obtained her GC.

So yeah, it's not the way that most of us would like to see happen, but that's how immigration deals with it and the amnesty. I don't get it, but that's the INS for you...