Confused about TN to GreenCard

[smurrito 1]

Hey all,

I found this website:

http://www.naftatnlawyer.com/marrying-a-usc-while-in-tn-sta/

Which lists two different ways to go from TN status to greencard. One is the way i've read about (AOS) but they also list applying for an I-130 and processing through a consulate? It also says that if you do this, you can still travel with the TN status and still work? I thought if you applied through a consulate you had to be back in Canada while it was processing?

So confused.?

[zooch76 9]

Why not call that lawyer and ask him? Most immigration lawyers offer either a free or cheap consultation and you can usually get some good info from them. When I got married to a USC and needed to apply for my GC we went to three or four different consultations (all free) to gather info and then ended up filing everything ourselves. Obviously, don't tell them that's the plan and make them think they will get your business but I would definitely ask around!

Also, I had this article bookmarked when I was thinking of trying to go from TN to GC:

http://forums.immigration.com/showthread.php?152852-I-am-no-longer-Curious!!!-I-am-APPPPPRRRROOOOOVEEEDD!!!!!!!&p=984692#post984692

It seems like a long process so good luck!

[naomi55 0]

You can adjust through marriage to a USC or through work sponsorship. I did the TN to GC through marriage to a USC and once we filed for AOS, there was no more travelling outside the U.S. unless i had AP (which I didn't apply for). You can still work at your TN job while your application is being processed. If you plan to stay at that job, you don't need to apply for your EAD. If you don't want to stay at that job, then apply for the EAD and once you receive it, you can work anywhere you please.

I've never heard of applying for AOS through a consulate though.

Hope that helps,

Naomi

Edited October 22, 2010 by naomi55

[JimVaPhuong 4,863]

I've never heard of applying for AOS through a consulate though.

You don't apply for AOS through a consulate. You apply for an immigrant visa. If approved, a green card is generated automatically when the visa is used to enter the US. The I-130 is a petition to make an immigrant visa number available for a foreigner. When the I-130 is approved, the foreigner can either use the immigrant visa number by applying for AOS (if they're in the US), or applying for an immigrant visa at a US consulate (if they're outside the US). Applying for the immigrant visa is less risky because there's no chance of violating the non-immigrant intent requirement of the TN visa.