I have a question, my wife is the petitioner she is an US citizen, but I'm working in the States since 2017 under a TN visa , we got married two months ago and I would like to start my green card process but my concern is if I start this process am I would be still able to keep working with my TN visa? Do I need to fill out the form I-864 even though I'm the one who is supporting my wife and paying for her school since before we got married?
Does anyone has any experience like my case trying to adjust the status from a TN visa to a family based status?
It’s the same process as entry on basically any other visa (except K-1 as that doesn’t need the I-130).
Filing for AOS doesn’t terminate TN status. So go to using to work until that status expires or terminates is fine. Just note that you can’t exit the US and re-enter without AP.
Your income can be included in the household income for the I-864 the petitioner provides. But yes, they must provide an I-864 and be responsible for you under its terms. What exactly will convince the IO that you won’t become a public charge is a judgement call based upon the totality of the circumstances.
Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US
in US Immigration & Visa Guides
Posted
It’s the same process as entry on basically any other visa (except K-1 as that doesn’t need the I-130).
Filing for AOS doesn’t terminate TN status. So go to using to work until that status expires or terminates is fine. Just note that you can’t exit the US and re-enter without AP.
Your income can be included in the household income for the I-864 the petitioner provides. But yes, they must provide an I-864 and be responsible for you under its terms. What exactly will convince the IO that you won’t become a public charge is a judgement call based upon the totality of the circumstances.