Need advice

[pedrove 0]

Hello to all,

I'm completely new to this forum. I found it while looking for information on this whole process.

My situation is this:

I'm currently in the US with a tourist visa. I'm not married but I have had a long relation with a LPR, we have two kids. We were living in Mexico but later we came to the US to have our children here. After our baby girl was born and all her papers were obtained, we went back to Mexico and lived there normally. Then we get pregnant with our second child and we returned to the US. Our second baby was born a month ago and we are still in the US. So both of my children are US citizens and my "girlfriend" is a LPR.

We want to live here in the US, so we were thinking on getting married, then I will return to Mexico and wait until the process to "Bringing Family Members of Permanent Residents to America" is completed. I have the option to work from "home" for a Mexican company, so I could be here living with them until the process is completed. This is option 1 for us.

The second option is that my employer is offering me work in the US with a TN visa. I have read that if we get married and then we start the process for the immigrant visa, I'm no longer eligible to obtain a TN visa. But if we go back to Mexico and then we start the process for the TN visa, return to the US, get married, then we need to file for the AOS, right? is this correct? is this our best option for our situation? is it possible to have problems with the application for the TN visa since both my children are US citizens?

I'm really lost with all this processes and option and all. I have also read that most of the time, immigrant lawyers are a waste of money.

All advice is welcome. thanks beforehand

[Chantal&Marjo 4]

Yes, I think is the better way for you get married in the US and after do the Adjustment of Status.

Is the best way to remain united, because if you get married and after ask for a work visa they dont' give it to you because they will think that you'll be there.

Good Luck

[NigeriaorBust 4,087]

You can't adjust status in the US as a spouse of an LPR and the fact your children are USC doesn't help until they can petition at the age of 21. If you stay in the US you will be accruing illegal presence ( how did you enter the US now ) and that is NOT forgiven for the spouse of an LPR

[Chantal&Marjo 4]

You can't adjust status in the US as a spouse of an LPR and the fact your children are USC doesn't help until they can petition at the age of 21. If you stay in the US you will be accruing illegal presence ( how did you enter the US now ) and that is NOT forgiven for the spouse of an LPR

The Adjustment of Status is only for US Citizen?

I'm sorry Pedrove, I didn't know

[NigeriaorBust 4,087]

The Adjustment of Status is only for US Citizen?

I'm sorry Pedrove, I didn't know

Adjustment of status can only be filed if the priority date is current there was a rare window when that was true last fall but not anymore and probably won't happen again for years. Another key would be how he entered the US.

[Chantal&Marjo 4]

Adjustment of status can only be filed if the priority date is current there was a rare window when that was true last fall but not anymore and probably won't happen again for years. Another key would be how he entered the US.

Ok, now I understand, thanks for the explanation

[matthewmaria 3]

I went through same conversation with my attorney for my stepdaughter. She currently is a LPR looking to get married and bring her husband over here

I was advised that that process takes about 1.5 - 2 years to complete since she is an LPR. if she was a citizen it would take about a year.

If you get the LPR visa then there is no need to get the TN visa. you run into trouble when you start to apply (per my attny) for various visas because it could confuse your motives to immigration.

If it was me, i would have a consult with an atty just to ensure you're not going to put yourself through any unneeded hardship (going back to Mexico). they normally don't charge for a consultation and you can get the answers you need. I know if you're here illegally less than a year, you can apply for a waiver. Being here legally on a tourist visa, not sure how that would transfer, but it wouldn't hurt to ask.

[pedrove 0]

Hi all,

Thanks for your replies.

I came to the US with a tourist visa and I'm returning to Mexico next weekend. I'm going to apply for a TN visa during the next months (I'm not married yet), and hopefully I will work legally in the US for the next 3 years.