ladybug2010

In researching the AOS process a lot of questions have come up. I am hoping somebody can shed some light on this issue:

My fiance (here in the US legally under a TN visa/status) had an H1-B visa back in 2003 that was due to expire in 2006. In 2005 he was unexpectedly let go of the company that sponsored his H1-B. He found another job and obtained a TN visa. He never "did" anything with his H1-B. I actually still have a copy of it with the attached I-94. Was he supposed to "do" something with it? Is this going to come up during our AOS process?

Thank you for your advice.

Thanks for the quick response. After your post we are looking at dates and one of his 2 overstays is really close to 180 days he will do some research and see if he can figure out exactly how many days but he is thinking it is 185 days. (this overstay happened back in 2004) If it was longer than 180 days will it be an issue? He has obtained several TN visas since the layoffs occured. He had to go to the US/Canadian border for each TN visa and he was never denied any kind of entry. He has crossed the border numerous times since and hasn't had any problems.....

Advice, PLEASE!!!!

It has come to my attention that my fiance does have some overstays of his status from his past. Once, he was laid off while on H1-B and he stayed in the country for 2 months afterwards until he found a new job. Secondly, he was laid off while on TN status and he stayed in the country for 5 months afterwards until he found a new job.

Will these be an issue if we go for an AOS? He will be marrying me and I am a USC. Any advice would be greatly appreciated.....

PS: He has gotten TN "visas" several times since the overstays and they have never been brought up......

Thank you all in advance for responding. This is making me very anxious....

And I did state in my PP that he had always remained in status, but I realized that is not true. I will make a separate post regaring this. THanks!

Hi guys! My boyfriends is a Canadian and he recently proposed! (I am a USC). We want to get married and file for AOS (he recently got a new TN in December). We already have a child and want to have another one but he FINALLY agreed to stay in the US permanently which was my big sticking point for having another child together.

So we are looking at doing an AOS from his TN and I am hoping to find some others who have gone this process to hear your experiences and see what you think about our situation. I understand immigrant intent can be an issue and not sure what other things to look out for so that is why I am reaching out to all of you.

Look forward to hearing from you!

Hi guys!

My boyfriend/now fiance recently proposed and we are engaged. I am a USC and my fiance last entered the US with TN status (non-immigrant work status for Canadians) in December when he obtained a TN for a new job (he has been in the US working on TN status for almost 10 years - always in status). We already have a child together and would like to expand our family in the near future. He had always said he wanted to go back to Canada to live/work but now that we are going to get married he has decided to stay in the US and we would like to raise our child and any future children here permanently, especially as we are trying to get pregnant again.

1. I have been reading a lot that AOS is an option for someone in our situation and I would like to hear your thoughts. I would LOVE to hear from anyone who has gone down this exact route as well (AOS from TN).

2. My worries as I see it would be immigrant intent issues......my now-fiance was not asked any immigrant intent questions during his last TN interview in December and at that time he had not proposed and he was still planning on one day going back to Canada. But that has changed. What are your thoughts regarding any immigrant intent issues with regards to our situation?

3. Another concern I have is that my boyfriend has supported me since our son was born in 2 years ago - I have not worked at all and we have lived together and he has claimed me as a dependant on his US tax returns. I wonder if this in some way, shape or form would cause any issues?

Thanks for your responses!

Thanks so much for the reply JimVaPhuong. My husband is the intending immigrant and his newest statement DOES say he has earned enough credits to qualify for benefits (last statement said he had earned 36 credits but now I guess he has the full 40!)

I have ordered a "certified earnings statement" for my husband from SSA but it hasn't arrived yet. Do I just use these statements from SSA as "evidence" that he qualifies for the I-864W? I am worried it may be confusing because as you said, the statement says "You have earned enough credits to qualify for benefits" instead of saying, "You have earned 40 credits...."

Thanks again for an answer!

Has anybody used the I-864W in place of the I-864? The instructions are not clear on what evidence you need to show proof of 40 credits earned. If anybody has successfully used this I would love to hear from you and hear exactly what you used as evidence.

Thanks!

We are preparing to file an AOS for my husband (I am the US Cit) who has been in the US for quite a while (legally working) and is currently on TN status. In fact, he has been here working long enough in either TN status or on an H1-B that he has earned the 40 credits required through the Social Security Administration to not need a sponsor. This is great for us, because I am a Stay at Home mom and I have no income.

Has anyone used the I-864W before? What type of documentation did you use to prove the intending immigrant had earned all 40 credits?

Did the sponsor still complete an I-864 (my income is 0 but I do have some assets including savings and retirement- probably could get very close to what I would need to show ($23,000x3=$69,000 in assets)?

My brother is available to act as a co-sponsor and is willing to complete an affidavit of support and he certainly qualifies. However, it seems like it would be easier to just do the I-864 waiver and move on with it...............

Advice? Experiences? THANKS!!