My TN visa expires April 15. My boyfriend and I have decided to get married and apply for a change of status.
I've been in the US for more than 10 years, first as a student for college, then on a G-4 visa, then again as a student for grad school, then OPT. about 4 months before my OPT visa was ending in march 2011 we fell madly in love. Although I had to go back to Mexico I found a job that sponsored me for a TN1 and came to the US and continued our relationship. While I was in Mexico he visited me, stayed at my parents' house and met them.
Our relation ship is real, but short (about a year) and we've decided to get married and apply for a change of status. Since time is running out I'm afraid we will look "bad" applying so close to the end of my TN. What advice do you have for me?
Good luck is the best advice! You shoud be fine immigration wise
Please see this link for info about the process. We give free consults to AVVO customers if you call
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
This appears to be a straight forward immediate relative/adjustment of status case. Chose your attorney wisely, document your relationship as thoroughly as possible. Good luck
Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com [email protected] 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Get an experienced immigration attorney to handle the case so that it is not unnecessarily delayed or complicated by errors.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
There are a few issues TN visa workers should be aware of when applying for a green card based on marriage to a U.S. citizen by filing for adjustment of status (AOS). Here are four main ones:
1. Employment authorization: You will not be able to renew your TN visa status once you file your AOS application due to immigrant intent. You would, therefore, need to rely on the Employment Authorization Document (EAD) received as an ancillary benefit to your AOS application in order to lawfully continue working with your employer. Normally this is issued within 30-60 days of filing your AOS application. While working without authorization after your TN expires would not jeopardize your AOS application based on an exception to the normal rule, the law does not provide any such immunity to your employer for continuing to employ an unauthorized worker.
2. Travel authorization: TN visa workers with pending AOS applications can only depart and re-enter the U.S. if they have obtained Advanced Parole. Otherwise, their AOS application will be deemed abandoned. Advanced Parole authorization is now issued on the same card as the EAD. See http://www.tnvisabulletin.com/nafta-tn-blog/2011/8/4/tn-visa-workers-adjustment-applicants-traveling-with-advance.html
3. Preconceived intent: The government has previously denied AOS applications if the applicant had a preconceived intent to enter the U.S. under a temporary visa classification (like the B1/B2 visa, F-1 visa, or TN visa) and then remain permanently in the United States by filing an AOS application. The government may presume such an intent if the individual files for AOS within 30 days of entering the U.S. See 9 FAM 40.63 N4.7 at http://www.state.gov/documents/organization/87011.pdf. There is no presumption of preconceived intent if the AOS application is filed more than 60 days after entry. However, the courts have held that where the preconceived intent is the only negative factor in an application for AOS, the application may still be approved where it is based on marriage to a U.S. citizen.
4. "Bona fides" of marriage: Another issue prevalent in all marriage-based green card applications particularly when the marriage is recent is documenting that the marriage is legitimate. Such evidence would include documentation showing joint ownership or property, or documentation showing co-mingling of financial resources. When such documentation is lacking, alternative evidence may include affidavits from third parties that have personal knowledge of the legitimacy of the marriage.
More information on applying for AOS while on TN visa status is available at http://www.tnvisabulletin.com/adjustment-of-status-aos/.
The information contained in this reply is provided as a public service for informational purposes only. This reply does not constitute legal advice and should not be used as a substitute for legal advice .
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