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SoCal-Canuck

AOS Submittal When TN Visa Expires In 4 Weeks

By SoCal-Canuck in Adjustment of Status from Work, Student, & Tourist Visas

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SoCal-Canuck Apprentice

SoCal-Canuck   0

Posted
Filed: Country: Canada
 Timeline
Posted

My wife and I have been married since 11-2008 after 8 years of courtship. I was delayed from applying for my green card by factors outside my control and of course, some procrastination. I have everything I need now but my TN expires in 4 weeks from today. Should I have my company file an I-129 or should I submit my I-130 and AOS? I do not want to risk leaving the country only to be not permitted to return as we are now expecting a baby girl in October.

Thanks for your help,

W.

My Timeline:

Nov.30, 1999 - Enter US with TN Visa.

Mar., 2001 - Met B through mutual friends.

Oct., 2007 - Proposed to B and she accepted.

Nov., 2008 - B & I get married.

Sept. 25, 2009 - Filed I-130 & I-485 with I-765 & I-131. (Sent Individually - Doh!)

Sept. 27 & 28, 2009 - Delivery of I-130 & AOS packages confirmed.

Oct. 8, 2009 - AOS package rejected due to missing I-130.

Oct. 10, 2009 - I-130 NOA received.

Oct. 13, 2009 - I-485, I-765, & I-131 re-sent with I-130 NOA.

Nov. 18, 2009 - Biometrics appointment (Dec. 1, 2009) notice received.

Nov. 20, 2009 - Walk-in biometrics completed.

Nov. 30, 2009 - Notice received; I-130 transferred to MO CSC.

Dec. 2, 2009 - AP Approved.

Dec. 3, 2009 - EAD production ordered.

Dec. 16, 2009 - Interview Appointment (01/25/09) Letter Received.

Jan. 25, 2010 - Interview Completed - Green Card To Be Received In 3 Weeks!!!

Feb. 12, 2010 - Green Card received.

Oct. 30, 2011 - Notification of removal of conditions received.

Nov. 17, 2011 - I-751 package sent.

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SoCal-Canuck Apprentice

SoCal-Canuck   0

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted (edited)
File I-130 and I-485, then you will maintain your status.

My understanding is that if I file the I-130 & AOS, once my TN visa expires I am ineligible for work in the US until I receive employment authorization documents which could take as little as 30 days or as long as 90 days.

Can someone please verify that this is the case? I'm getting nervous here that I may have to quit my job of 10 years as they cannot have no one employed in my position for an extended period of time.

Edited by SoCal-Canuck

My Timeline:

Nov.30, 1999 - Enter US with TN Visa.

Mar., 2001 - Met B through mutual friends.

Oct., 2007 - Proposed to B and she accepted.

Nov., 2008 - B & I get married.

Sept. 25, 2009 - Filed I-130 & I-485 with I-765 & I-131. (Sent Individually - Doh!)

Sept. 27 & 28, 2009 - Delivery of I-130 & AOS packages confirmed.

Oct. 8, 2009 - AOS package rejected due to missing I-130.

Oct. 10, 2009 - I-130 NOA received.

Oct. 13, 2009 - I-485, I-765, & I-131 re-sent with I-130 NOA.

Nov. 18, 2009 - Biometrics appointment (Dec. 1, 2009) notice received.

Nov. 20, 2009 - Walk-in biometrics completed.

Nov. 30, 2009 - Notice received; I-130 transferred to MO CSC.

Dec. 2, 2009 - AP Approved.

Dec. 3, 2009 - EAD production ordered.

Dec. 16, 2009 - Interview Appointment (01/25/09) Letter Received.

Jan. 25, 2010 - Interview Completed - Green Card To Be Received In 3 Weeks!!!

Feb. 12, 2010 - Green Card received.

Oct. 30, 2011 - Notification of removal of conditions received.

Nov. 17, 2011 - I-751 package sent.

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