Canadian TN to GC, my checklist and questions.

[mrxaudio 0]

Hi All,

Some background:

I'm a Canadian working in Texas for the past two years on TN-1 status. My wife, born Canadian came down with me on a TN-1 as well for her work. Recently (6 months ago, she applied for dual citizenship given that her father is American and obtained her US passport in January this year). Now, I am looking to apply for a green card since A) we may be staying long-term in the US and B) since my "intent" has changed since I am married to an American and therefore my TN may not be renewed next time. My TN expires in May 2016.

I've followed many of the helpful lists in these forums and think that I am just about ready to file my I-485 concurrently with I-130, I-765 and I-131. I would, however, love some feedback as to what I may be missing or could add and have a couple more questions at the end as to what to mark on the forms.

Thanks a lot and I hope this is helpful to some:

Nature of the Submission:
Original Submission of Immediate Relative (Spouse) Family Based Adjustment of Status Application (I-485) with concurrent filing of I-130, I-131, and I-765

Date

To Whom It May Concern:

Please find enclosed concurrent filing of forms with payment for:
Petitioner: XXX

Beneficiary: YYY

• I-485 (Application to Register Permanent Residence or Adjust Status)
• I-130 (Petition for Alien Relative)
• I-765 (Application for Employment Authorization)
• I-131 (Application for Travel Document)

Package1: Form I-485, Application to Register Permanent Residence or Adjust Status and supporting evidence in the following order,

Contents included:
-This present cover letter

-Check for the amount of $1070.00 for Form I-485 ($985) and Biometrics assessment ($85)
-Two passport-style photographs of intending immigrant in a plastic bag.
-Form I-485: Application to Register Permanent Residence or Adjust Status
-Copy of Marriage Certificate
-Copy of intending immigrant’s Birth Certificate
-Copy of intending immigrant’s passport biographical page

-Copy of intending immigrant’s electronic form I-94

-Copy of Enrollment Verification Letter from University
-Form G-325A for intending immigrant

I-693, Report of Medical Examination and Vaccination Record (sealed and signed by designated civil surgeon)
I-864 Affidavit of Support (filed by Spouse/Sponsor)
-Form I-864 filed by U.S. Spouse/Sponsor
-Copy of Sponsor’s Passport Biographical Page

-Copy of Sponsor’s Social Security Card
-Resignation letter for US Spouse (9/05/14)

-Offer of employment letter for US Spouse (9/11/14)

-IRS Transcript for tax year 2013

-IRS Transcript for tax year 2012

-Income tax return for tax year 2011 from Canadian Revenue Agency.

Package 2: Form I-130, Petition for Alien Relative, payment, related forms, and supporting evidence:

Contents included:

-Form G-1145, e-Notification of Application/Petition Acceptance

-Check for the amount of $420.00 for the I-130 form filing fee
-Form I-130, Petition for Alien Relative
-Copy of Petitioner’s United States of America passport (all pages)
-Copy of marriage certificate
-Copy of Beneficiary’s passport biographical page
-Copy of Beneficiary’s birth certificate

-Copy of Beneficiary’s electronic form I-94
-Form G-325A of U.S. Spouse (Petitioner) with her passport style photo attached to her G-325A form in a plastic bag.
-Form G-325A of Intending immigrant (Beneficiary) with his passport style photo attached to his G-325A form in a plastic bag.
-Letter from petitioner describing process of obtaining US citizenship.

Proof of a bona fide marriage:
-IRS Transcript of Joint Federal Tax Return for Year 2013
-Copy of Joint Apartment Lease (past: 2013-2014)
-Copy of Joint Apartment Lease (current)
-Copy of joint bank account statements
-Copy of Joint Health Insurance ID Cards
-Copy of Joint Health Insurance Policy

-Copy of Joint Auto Insurance Coverage Summary
-Copy of Joint Renters’ Insurance Coverage Summary
-Copy of Pictures from Wedding Ceremony

-Copy of Wedding Invitations

Package 3: I-765 (Application for Employment Authorization) and evidence:

Applicant: YYY

Contents included:

-Form I-765, Application for Employment Authorization

-Copy of passport identify page

-Copy of electronic form I-94
-Copies of Enrollment Verification Letter from University

-Copy of identification cards (Texas Driver’s License and Work Identification)
-Two passport-style photographs

Package 4: I-131 (Application for Travel Document) and evidence:

Applicant: YYY

Contents included:

-$360 check for filing fee

-Form I-131, Application for Travel Document

-Justification for I-131 Part 7 (step-father is sick)
-Copy of state driver’s license
-Copy of passport identity page
-Copy of electronic form I-94

-Two passport-style photographs

----------

There will be four independent packages all put in a single larger package that I will mail USPS priority mail to the Arizona office.

My questions were as follows:

1)Form I-485, P2, Were you inspected by a US immigration officer? I imagine that the answer is YES but under "nonimmigrant visa number, consulate and date, I do not mark anything since I am under TN-1 status and not a visa, right?

2) Form I-864, P5, Under sponsor's income and employement. Do I put myself in the houshold as "person 1" given that we live together and file joint taxes? Her income much above the poverty line (95k).

3) Form I-130, P1, #13, "If you are a US citizen, complete the following" My citizenship was acquired through (check one): checked PARENTS and then put NO under obtained a certificate of citizenship under your own name since all she has is a passport?

4) Form I-765, #14 and 15 I wrote "TN-1 Status and TN-1 Professional (Biologist). Should this be sufficient? Also, for #16, is it ©(9)? I think so...

Any helps is much appreciated.

Cheers

M

[Pitaya 2,577]

~

Edited September 11, 2014 by A&B

[NikLR 13,227]

Yes you were inspected. I assume you didnt sneak into the USA? Lol. TN is a visa. You dont just get a TN without applying.

Only if your job will be continuing after. It does make it easier since you file joint taxes. That means you complete and I-864a.

Please reread the I-130 instructions. You're including extraneous info like beneficiary info that's not needed with that petition.

[mrxaudio 0]

Hmm. Thanks for the info NLR. Actually, TN is not a visa and is rather a status that one gets through NAFTA. Though we may just be arguing semantics
http://en.wikipedia.org/wiki/TN_status

Thanks for the points on the I-130 and I-864a, I'll look into them.

[Pitaya 2,577]

Hmm. Thanks for the info NLR. Actually, TN is not a visa and is rather a status that one gets through NAFTA. Though we may just be arguing semantics

http://en.wikipedia.org/wiki/TN_status

Thanks for the points on the I-130 and I-864a, I'll look into them.

Actually that is open to interpretation, according to the US Department of State (DOS), TN is a visa.

http://travel.state.gov/content/visas/english/employment/nafta.html

I will side with the DOS.

YMMV.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[CdnRN 40]

Hey, I'm a Canadian AOS from TN Status also.

I followed this old thread to help me ensure I was doing it correctly for my situation. I'm in the seemingly endless wait for an interview, no RFEs etc.

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

[CdnRN 40]

Oh, and you don't pay for the I-131.

[Harpa Timsah 13,258]

You have a lot of extraneous stuff, like SSN card, university letters, state IDs, etc. Get rid of all of that and just give what they ask for in the instructions.

You can add you income to your spouse's affidavit, and no need for I-864a, but there is no need because her income qualifies on its own. That would be further extraneous information.

I-131 is free. You also no net need justification for it.

C9 for EAD.

I would read over the instructions for each form again.

[rockstar 0]

We are also AOS from TN via marriage to USC. We are in testing and interview - no RFE's (woohoo) and we followed the legendary Warlord and the awesome Curious George's examples. We did consult in depth with an attorney who specializes in TN Status (I agree - it is a status! though it might as well be a de facto visa as the difference is just semantics). If you are going to include your income on the I-864 (which we did not do), you need a letter from your employer stating you are an employee in good standing and the company expects your employment to continue into the future once you have your greencard. By nature, this letter and documentation can make the initial TN employment letter (showing a temporary position) seem contradictory, and I didn't want to ask my company for a new letter. We didn't need to county the TN income, so we didn't. In retrospect, I think it was a great decision for us as the company may have layoffs and we won't have to worry about re-doing the I-864 if that happens prior to the green card interview.

We are currently waiting to be scheduled for our interview. I have learned from the forums and the private messages that there are quite a few couples in the TN to GC through AOS/USC marriage - best of luck to you!!!