freddy_vee

Thanks for your help CdnRN!

Sending out the forms tomorrow - exciting stuff!

Sorry for the late reply - but thanks RiceAgain! your replies helped a lot!

Finally ready to file now I pretty much have the package ready to go.

One last set of questions to anyone reading -

1. I need 3 cover letters right? 1 main cover letter, 1 for the i-130 and 1 for the i-485, i-765 and an i-131?

2. Do the checks go at the top (even before the cover letter?)

3. I am using ACCO fasteners and have the i-130 and i-485 in separate colored folders. - Should I separate the i-765 and i-131 into separate folders also? (since the are at the bottom of a thickish i-485.

Thanks for to everyone reading. Cannot say how much I appreciate all your help.

Cheers

-Vee

I was in the same situation - I've been on a TN for about a year and a half but got married about 30 days after re-entry.

I;ve been told by senior/respected members (not necessarily on VJ) that it should not be a problem for marriage based filings - AOS/marriage within 90 days of entering is questioned if its a work based filing etc. I was assured that it should not pose a problem.

Not sure if that helps - and I would recommend taking to a lawyer if you have the means for it. Let us know what you find!

Cheers

Hi guys,

I am adjusting from a TN visa (by marriage) - I had a question about the i-485 under PART I - i-94 number.

The box before it says Date of Last Arrival (which is fine) - but the box after it is the i-94 number. I have a i-94 slip that USCIS gave me when I got my TN in 2012. I have left the country and entered a couple of times since then so when I go online to get my travel history - it gives me a different electronic i-94.

My question is - which I-94 do I put in that box? - the number from the white slip stapled to my passport? or the electronic one that reflects my last entry into the States?

Thanks for your help guys.

- Vee

Thanks a bunch guys!! CdnRN - I can get her last few pay stubs, but I only have tax receipts for last year (she did not file prior since she did not meet the $10k minimum.

I also have my tax transcripts from last year so maybe that can help. The instructions for the i-864 say that you can add other supporting docs with the form - so I am thinking I can just write a letter to explain our case (since she does technically meet the poverty guidelines based on her current job) - just not last year since it was a partial year for us - AND I also have a letter from my work saying that I am employed etc etc.

Re: RiceAgain - would you mind sharing what you included with your i-864? - In Part 5 of the form - which section did you include yourself - because I could be in 1 OR 3 - but if I put 3 - wouldn't that negate the need for the form itself?

Also, if you included your own income as part of the household, you just add yourself to Part 6 of the form right?

Last question for the night (for anyone reading) - In part 6 , question 13 - I am including my wife's tax transcript for last year - but she has not filed taxes for the 2 years prior to that - does that mean I cannot check the box?

Thanks everyone for your help again!

I think it should be fine Rob - I'm a first timer myself so still researching

For anyone else reading - can you impart any knowledge for my i-864 questions? (pasted from above). Thanks for your help!

My questions about the i-864 are:

1. I have an official letter from her employer stating that she is an employee at POSITION and making $XXXXX amount per year. Is this enough show them that she can support me?

2. I am also working on a TN visa, and I have an official letter (contract) from my employer stating that my employment will continue in the same position and salary etc. I have filed taxes for last year and have receipts - can I include my income along with my wife (since we are living together it would count as joint income wouldn't it?)

3. If I were to use her mother as a joint sponsor - is it just another i-864 for her (so 2 total one from my wife and one from her mother)? Also - her mum does not live in the same household so I don't even know if that qualifies.

On the evidence don't forget a certified copy of your Marriage License.

On the evidence don't forget a certified copy of your Marriage License.

But doesn't the i-130 require a certified copy of the Marriage License anyway? Should I send in a second one (one that is required in the i-130 and another for evidence). i will also be sending another one with my i-485 right?

Hi everyone,

I am Canadian and am(was) on a TN visa. I recently married my wife who is a USC and we are going through the AoS process. We've filled out most forms but I have a few questions about the i-864, income and Evidence of a bona-fide marriage questions.

i-864 and income

My wife did not meet the 125% poverty line income based on her taxes last year because she only started work in Sept (her annual salary is comfortably over the 125%, but taxes last year don't reflect that). She also did not file taxes the 2 years prior since she did not make over $10k. Her mom is happy to help as a joint sponsor, but I had a few questions before going that route.

My questions about the i-864 are:

1. I have an official letter from her employer stating that she is an employee at POSITION and making $XXXXX amount per year. Is this enough show them that she can support me?

2. I am also working on a TN visa, and I have an official letter (contract) from my employer stating that my employment will continue in the same position and salary etc. I have filed taxes for last year and have receipts - can I include my income along with my wife (since we are living together it would count as joint income wouldn't it?)

3. If I were to use her mother as a joint sponsor - is it just another i-864 for her (so 2 total one from my wife and one from her mother)?

Evidence questions

We're just married but we have been living together for a while so we have some evidence. I wanted to run the evidence by you guys to see if we need the letters of support or not.

Our evidence of a bona-fide marriage are:

1. I am the beneficiary on her life insurance policy (my work does not offer one)

2. Gas & Electric bills in both our names

3. Joint credit cards (but this is recent - just after we got married)

4. Pictures of our wedding

5. Certificate of Domestic Partnership (we got it about a year ago)

6. I am on her family cell phone plan

7. Tickets of travel together for vacation (bought on my card)

We don't really have any receipts of gifts (we can show bank statements etc), but not the actual receipt from the shop (except amazon . We also have bunches of pictures of us together for the last 4 years and visits back and forth to Canada and US from us both.

I'm not sure if the above is "good" evidence and if I still need to get letters of support from friends and family to show that its a bona-fide marriage?

Thank you every for reading and would appreciate any insight.

- Vee

TN is just like any other visa F1 or H1 – H1 or F1 visa holder can be married to USC and they choose not to file for change of status than they don’t have to and continue to hold their visa.

Most people who are married to USC change their status as that gets them path to become perm resident and the regulation to maintain legal status in US is less stringent.

Example – someone on H1 can only work for the employer who filed H1, if that same person was married to USC and choose to change to Perm Resd he would not be restricted by the employer and he can choose to work for anyone.

In your case you are the TN holder and if you choose to continue on TN even after you are married to USC, you can do that as long as you are keeping up with your TN requirement.

Hope this helps.

Thanks for the insights. I guess I am trying to determine if having a domestic partnership will be seen as "intent to stay in the US" during re-entry.

We don't know if we will be in the US long term, so there isn't actually intent to stay on my part, just trying to get a great deal on health insurance. But I understand that "intent to stay" is interpreted in different ways at POE's?

I'd like to be able to go on her health plan, but not really at the cost of giving myself headaches during re-entry.

Thanks for your help Harsh! So a domestic partnership is not like being engaged married (where you have to get an AoS) etc etc?

That's awesome

Anyone have any advice/answers for this? Much appreciated. Thanks a bunch.

Yeah. I thought that would be the case too - but we clarified with the insurance company and some of her co-workers (who have done the same thing - added domestic partners). Thanks for your reply though I want to know if it getting a domestic partnership would affect my TN status.

Hi everyone, newbie here. I've been on the forums a couple of times before when was applying for my TN-1 last year. This place was a tremendous help and wanted to say thanks to everyone who contributes to the community.

I have a new question today - I did a search but could not find a thread/post that relates - or maybe I am just blind.

My question is - I am Canadian and am in the States on a TN. I live with my USC girlfriend (living together about a year now). Anyway, I wanted to know if it was possible to get a domestic partnership with her without affecting my TN 1 status.

We're a long term couple but not engaged yet, mainly because we don't know if we;re going to be in the states long term. That aside, her company insurance is a lot better than mine but we need to be in a domestic partnership before I can be added to her health insurance.

We have bills etc in both our names (but not our lease) - IF the domestic partnership is possible, I understand that the bills are enough proof?

Thanks a ton for all your help.

Best

freddy_vee