From TN Status to Green Card

[HeatDeath 430]

For the I-485 question: "Were you inspected by a U.S. Immigration Officer?", shouldn't the answer be "Yes"?

In response to a question in a PM:

As long as you entered through a manned CBP border station, and spoke to or at least saw and were waved through by a CBP officer, you were inspected.

Entry without inspection means crossing the border by water, or on foot in the wilderness, or through a BC drug tunnel, with no interaction with CBP at all. Think "swimming the Rio". It is very very unusual for someone to try to cross the US/Canada border without inspection, and it is virtually always done in conjunction with either smuggling or mental illness.

The uncertainty here only really works one way. Law abiding people who entered via a normal channel [with inspection] are sometimes uncertain if they entered with inspection. The people who intentionally entered without inspection always know that they entered without inspection

I think it's safe to say you were inspected when you entered the US.

[brit2011 0]

Hi hoping some of you can offer me some guidance. I moved to states Nov 2010 on L1A visa. My intent when I moved was just to transfer with work etc. Anyway I met someone very special and we got married May 28, 2011. When I went through POE in Nov I had finger prints done and picture, do you know if I will still be required to have Biometics completed? Secondly If i file all forms together do I pay a fee for each one ie I-130, I-485 and I-765 or is there a one fee for processing as a package? Third I can contunue to work for my present employer that I came with on L1A correct? Fourth do I still need to file I-864 as I am working as well? Any help you can offer would be great.

Thanks

[stephs782 0]

Great thread, so helpful! I have been in the US for 2 years on TN, and I noticed in your thread that they ask for 3 years worth of tax returns (I only have 2). Will this be a problem?

[la2011 5]

Great thread, so helpful! I have been in the US for 2 years on TN, and I noticed in your thread that they ask for 3 years worth of tax returns (I only have 2). Will this be a problem?

As the Canadian citizen adjusting status from a TN to a Green Card through marriage, you don't need to present your tax returns, your US spouse does!!. And it's one year of tax returns. He/She may send the last 3 years if you wish but the I-864 form indicates that is optional. They must also meet the minimum income requirement, which is 125% over the poverty line

Good luck!

[stephs782 0]

When filling out the I-485, under Part 2 "Application Type" which one should I choose?

[HeatDeath 430]

When filling out the I-485, under Part 2 "Application Type" which one should I choose?

The options on the I-485 form in part 2 seem to line up, roughly, with paragraphs 1-9 of the I-485 instructions. Based on this, and based on the fact that options "b"-"g" on the I-485 form are obviously incorrect, and that your situation is discussed in the instructions under paragraph 1, I would select option "a" , on the assumption that your USC spouse is filing an I-130 immigrant petition for you concurrently with this I-485 (as described under option 1b on page 1 of the I-485 instructions).

The other possible choice under part 2 of the I-485 form would be to check "h" and attach a sheet explaining your situation. But I am virtually certain that "a" is the correct option for someone with a concurrent or approved I-130, based on where that option is described in the instructions. "H" seems to be used as a catch-all option for more unusual circumstances.

I agree that it isn't terribly clear. But I'm virtually certain that "a" is the correct option.

[bTW, you'll get better and quicker answers, from a broader base of people, by creating your own thread. If I hadn't posted previously in this thread [and made a habit of periodically checking my old threads for new posts] I would not have seen your question.]

Edited August 9, 2011 by HeatDeath

[la2011 5]

When filling out the I-485, under Part 2 "Application Type" which one should I choose?

The answer is A

[TNLizNYC 0]

Thanks Phil80, this is super helpful! I have one question though. You said you had trouble getting the medical form filled out and paying for all the vaccinations. If I have my Canadian (Ontario) vaccination record (my "yellow card" with a few supplemental print outs from various doctors over my life) that shows my vaccinations are all up to date (which they should be) will I have to get them over again? Is the yellow card hand written vaccination record sufficient for the doctor to copy the vaccinations onto the medical form? I've always thought that the yellow cards were a pretty sketchy form of vaccination records (way to go Canada), and I don't see any centralized vaccinations records through the government like they have here in the US. I'll obviously do whatever I need to do but I'd really rather not get all my vaccinations over again, as I don't think that's necessarily the most healthy thing to do. Especially since if they make me get for example the Hep B vaccines over again (which I already had to re-do in 2007) it would take a few months to get all three shots. Anyone been through this process and tried to use your yellow card vaccination record?

[Harpa Timsah 13,258]

If you have proof of your vaccinations, then you don't need to get them again, just show your proof to the CS.

We have centralized vaccines here? I believe that's a future plan, not a current reality.

[TNLizNYC 0]

Thanks Harpa! I thought they did or if they do it's a better system than Canada I think. Maybe it's a New York State thing? I work in foster care and our medical staff are able to search and print out the vaccination records for the kids we work with. I think. I could be mistaken though...

[Harpa Timsah 13,258]

Must be a state thing, or something with the institution you work for. I have random slips and my memory I got some shots in a series in a different state, and my main doctor has said "looks like you are missing this" and I say no, I got that elsewhere. There is no system that lets them know.

But anyway, what you have is fine. They can also do blood tests on you to see what antibodies you have, so there is no need to get shots you already have.

[desmond&molly 5]

I didn't have any vaccination records so got the blood test. Ended up just getting a booster tetnus vaccine.

[Pikesters 0]

Thanks for the informative thread. I've been getting some conflicting information on how/where we need to file because of the TN Status. My husband is here from Canada on a TN, which is good through September 2012. We were married in January 2011 and were planning to file this month, from here in the U.S., for his Adjustment of Status. I was under the assumption that it would be fine to do this, but the visa lawyer he has used in the past contacted him last week and when my husband told him that we were married in January, he told him that he needed to apply for the green card through the consulate in Montreal. From everything that I had read, consular processing is the route to go if you're currently residing out of the United States. I asked him to clarify the reason, with the lawyer and he received this response this morning.

You are required to return to Canada to apply for your green card because when you received your current TN visa, you represented that you did not intend to stay in the U.S. permanently. By applying for permanent residency while still in the U.S., you will be violating the terms of your visa. That is technically against the law and could cause CIS to deny your green card and order you to leave the U.S. That can get very expensive and very traumatic. Your other option, which I do not recommend, is that we apply for your green card without you returning to Canada. Most people who do that get away with it. However, some people get hassled by CIS and incur a lot more expense than the cost of travel to Canada. I always advise my clients to do it the correct and legal way. I know it sounds a little ridiculous but many of our immigration laws are ridiculous.

Would someone mind leading us in the proper direction?

[TNLizNYC 0]

Thanks for the informative thread. I've been getting some conflicting information on how/where we need to file because of the TN Status. My husband is here from Canada on a TN, which is good through September 2012. We were married in January 2011 and were planning to file this month, from here in the U.S., for his Adjustment of Status. I was under the assumption that it would be fine to do this, but the visa lawyer he has used in the past contacted him last week and when my husband told him that we were married in January, he told him that he needed to apply for the green card through the consulate in Montreal. From everything that I had read, consular processing is the route to go if you're currently residing out of the United States. I asked him to clarify the reason, with the lawyer and he received this response this morning.

Would someone mind leading us in the proper direction?

I'm about to file AOS from TN to green card after getting married last week and I'm not planning to go home (to Canada). I think the key in what your lawyer said is "most people do it this way and get away with it... etc etc". It's not technically the right way to do it but from what I've read on here the vast majority of people don't have a problem (as long as you file everything correctly). However, a lawyer would have to advise you to do the most legally correct thing because heaven forbid something goes wrong and your husband has to go back to Canada and he didn't advise you of that possibility you could blame him. Again, just starting to go through this myself, I'm by no means an expert but that's my two cents and how interpret what your lawyer was saying...

I am a Canadian, working in NYC for the past 3.5 years on TN Status as a social worker. I just married my American husband last week and I'm getting our Alien Relative Petition (i130) and AOS (i485) ready to send off but I have a few questions about the EAD and advance parole. If anyone can help me that would be great!

For the advance parole (i131) the application type is D right (applying for advance parole to allow me to return to the US after temporary foreign travel)? If I'm adjusting my status from inside the US and currently have TN status? Basically I don't have any travel dates (until a friend's wedding in July) but I want to be able to travel to and from Canada to see my family and god forbid if there is any family emergencies. I've read that it's pretty standard for them to grant the AP even if you don't have specific dates but does anyone have a template of the letter they used to attach to explain why they want advance parole that had a similar situation to me?

With regards to the EAD (i765), for people that have TN (and are going to keep their current job)did you include an employment letter? The way the instructions are written for the i485 it sounds like you only need to include one if your adjustment of status is related to an employment visa, but my adjustment of status is due to my marriage. But I read that at least one person on these forums that was working here on TN got a RFI for the employment letter. If anyone that has TN (and applied for the green card through marriage) has submitted an employment letter, do you have or know where I can find a template?

Thanks in advance for any help!!!

Edited December 17, 2011 by TNLizNYC

[ajcanandian 0]

Thanks for posting this. It was extremely helpful in adjusting from a TN. Pretty much followed it to the letter, and we have our interview next week!