TN-1 Status to AOS to GreenCard Help

[CanadianMutt 2]

Background

-Met fiancee in 2017. Fiancee is a US Citizen via her parents. 

-2018 I moved to the United States on a TN-1 Visa, which expires in 2021. 

-2019 August, got engaged, intend to get married this month as I worry this could put my visa status in danger if a recession hits and I have to switch jobs.

-Want to pursue AOS with EAD and travel parole.

 

Questions

1) On the I-765, what eligibility category do I fall under? I feel like I've had good progress on these filings so far but feel clueless on messing this up.

2) When people refer to the package, does that mean you submit all at once?

3) I filed for an extension on my tax returns for 2018, meaning that I do not have filed tax returns currently and only draft - is this an issue? I can obtain pay stubs for myself as well as my spouse/principal.

4) Do you space out your filings? Do you just send a big package all at once via mail to a USCIS office?

 

Our plan is essentially to get married next week, then file I-130, I-485, I-765, I-131 all at once. 

 

Is that reasonable? Should we not be married before filing I-130, is there anything I haven't considered?

 

Guidance

I've been using the below as guidance for my package

 

 

[Hank_ 9,173]

You have to be married to file the I-130 (in your case)

[HRQX 4,145]

1 hour ago, CanadianMutt said:

Our plan is essentially to get married next week, then file I-130, I-485, I-765, I-131 all at once.

Yup; marry first and then mail the forms together to the Chicago Lockbox: https://www.uscis.gov/i-485-addresses She fills out Form I-130. You fill out forms I-130A, I-485, I-765, and I-131. With the I-485 include a I-864 packet.

1 hour ago, CanadianMutt said:

On the I-765, what eligibility category do I fall under?

(c)(9)( )

https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

1 hour ago, CanadianMutt said:

I've been using the below as guidance for my package

 

 

Some things have changed. After 04/28/2017, G-325A is no longer relevant: https://web.archive.org/web/20170427000641/https://www.uscis.gov/i-130 That is why I mentioned that you will fill out Form I-130A, Supplemental Information for Spouse Beneficiary. https://www.uscis.gov/i-130

Edited August 15, 2019 by HRQX

[Ontarkie 13,917]

~~Moved to AOS From Work, Student & Tourist Visas, from IR1/CR1 P&P - The OP is asking about AOS from TN~~

[CanadianMutt 2]

1 hour ago, Hank_ said:

You have to be married to file the I-130 (in your case)

Thank you - wanted to confirm that.

 

1 hour ago, HRQX said:

Yup; marry first and then mail the forms together to the Chicago Lockbox: https://www.uscis.gov/i-485-addresses She fills out Form I-130. You fill out forms I-130A, I-485, I-765, and I-131. With the I-485 include a I-864 packet.

(c)(9)( )

https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization

Some things have changed. After 04/28/2017, G-325A is no longer relevant: https://web.archive.org/web/20170427000641/https://www.uscis.gov/i-130 That is why I mentioned that you will fill out Form I-130A, Supplemental Information for Spouse Beneficiary. https://www.uscis.gov/i-130

 

Thanks for the details - this really helps. 

 

7 minutes ago, Ontarkie said:

~~Moved to AOS From Work, Student & Tourist Visas, from IR1/CR1 P&P - The OP is asking about AOS from TN~~

Thank you - apologies - my bad.

[HRQX 4,145]

34 minutes ago, CanadianMutt said:

Thanks for the details - this really helps.

Regarding the I-693 medical exam, you have 2 options: you can submit it with the I485, etc. OR you can wait until the I-485 interview is scheduled and then do the medical exam and take the results to the interview. I personally recommend the latter. https://my.uscis.gov/findadoctor

 

The current fees are:

I-130 $535

I-485 $1225 if you are aged 14-78

I-765 $0 https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf Page 23

I-131 $0 https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf Page 13

[CanadianMutt 2]

1 minute ago, HRQX said:

Regarding the I-693 medical exam, you have 2 options: you can submit it with the I485, etc. OR you can wait until the I-485 interview is scheduled and then do the medical exam and take the results to the interview. I personally recommend the latter. https://my.uscis.gov/findadoctor

 

The current fees are:

I-130 $535

I-485 $1225 if you are aged 14-78

I-765 $0 https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf Page 23

I-131 $0 https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf Page 13

Actually on my way for the medical exam. Is there a reason for the recommendation (risk of results expiring?)

[HRQX 4,145]

Just now, CanadianMutt said:

risk of results expiring?

The risk is relatively small since it's valid for 2 years from the date the doctor signed (assuming you file the I-485, etc. within 60 days): https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4 In my pending I-485 case, the I-693 is inching closer to it's November 2019 expiration; but my case is a bit more complicated: https://www.visajourney.com/forums/topic/704424-what-to-take-to-aos-interview-father-of-22-yo-usc/