TN status to Green Card through marriage

[verochampagne 0]

Hello everyone,

I would like to share my experience of how I adjusted from a TN status to a Green Card through marriage. This wasn't easy and it caused us a lot a headaches. So if I can help some people I will glad to! We didn’t use a lawyer. If you read the forms and instructions carefully everything should be fine.

Our story: I met my husband back when I was on a J1 visa summer 2012. Since then, I had another J1 visa in 2013 and I had a TN visa since June 2014 (oh and I got a new job in June 2015 so I asked for a new TN at the border). So we got married November 2015 and decided to apply for an adjustment of status (AOS). Our AOS package included 4 forms (I-130, I-485, I-131, I-765).

General advice:

- Do not send real documents.

- Send copies and scan everything you sent them just in case!

- I didn’t have an alien number or visa number since my TN isn’t a “visa”. You write none or N/A (read instructions on the forms)

- When the form asks for your class of admission, visa type, current status, how you arrived in the country etc. We put “TN-1 Status”

- Make sure you have enough time remaining on your TN status. It can take a few months for the application to process. As soon as you get married you should sent the AOS package.

- You should receive a work authorization/Advance parole card within 90 days. This card allows you to work and travel while your application is processing.

- For the medical exam, make sure it is completed by a Civil Surgeon. You can find one on this website: https://my.uscis.gov/findadoctor . You can get prepared and make sure you have all the immunisations done first. The physician says that people are frequently missing the flu and tetanus shots. It costs about $200 for the exam.

- When filling out the I-864 it will ask you for 3 previous year’s tax records. You can easily request these records from the IRS.

- Send your package with tracking features so you know when it gets there.

- Once they get your case, you can look on the USCIS website to know if they updated your cas

- I was so nervous for our interview. The lady was very rude (but i guess this is their job). No questions about the TN at all. She just wanted to verify that we were a real couple. We learned the next day that our case was approved. She didn't tell us right away if we were approved. I was so anxious for that 24 hours! So relax and just answered the questions they will ask you.

Our package looked like this:

COVER LETTER

We wrote a little introduction and list down what that packaged included

I-130 PETITION FOR ALIEN RELATIVE

- G1145 E-Notification of application/petition acceptance

- Form I-130 signed by petitioner

- Check of $420 made payable to U.S. Department of Homeland Security

- Copy of petitioner birth certificate showing birth in the U.S

- Copy of petitioner’s United States passport biographical page

- Copy of marriage certificate -Copy of applicant’s passport biographical page

- G325A signed by US Citizen petitioner

- G325A signed by applicant

- 2 Passport-style photos of petitioner

- 2 Passport-style photos of applicant

- Evidence of Bona fide Marriage (Copy of joint bank account statement, affidavit letter from family friend, selection of pictures that document relationship and marriage)

I-485 APPLICATION TO ADJUST STATUS

(This form allows you to adjust to permanent residency)

- Form I-485 signed by applicant

- Check of $1070 made payable to Department of Homeland Security

- I-693 (Medical examination completed by a Civil Surgeon sealed in an envelope)

- Copy of passport's biographical page

- Copy of I-94

- Copy of Marriage Certificate

- Copy of Birth Certificate with translation

- G325A signed by applicant

- Two (2) Passport-style photos from Applicant

- Affidavit of Support from the petitioner US Citizen:

§ I-864 Affidavit of Support form completed

§ Copy of Petitioner’s IRS tax return transcript and W2 for the year 2014

§ Copy of Petitioner’s pay stub (leave and earnings statement) from actual job

I-765 APPLICATION FOR EMPLOYMENT DOCUMENT

(This form allows you to work while you green card is being process. It doesn’t cost anything extra)

- Copy of I-94 form of applicant

- Two (2) Passport-style photos from applicant

- Copy of biographical page of applicant’s passport

- Copy of marriage certificate (for name change)

I-131 - APPLICATION FOR TRAVEL DOCUMENT (ADVANCE PAROLE)

(This form allows you to travel while you green card is being process. It doesn’t cost anything extra and if you leave the country while your application is pending they think you are dropping your application)

- Copy of I-94 form of applicant

- Copy of applicant’s passport biographical page

- Two (2) Passport-style photos from Applicant

FYI, Our time line:

05/2012: J1 Visa

05/2013: J1 visa

06/08/2014: TN visa

05/27/2015: New TN visa (changed my job)

07/24/2015: We got engagement

11/13/2015: We got married

11/16/2015: We sent the AOS package

11/18/2015: Email saying that they received my case

11/24/2015: Email saying that my case has been accepted

12/22/2015: Biometrics appointment

01/06/2016: Email saying that we have an interview schedule for 02/10/2016

02/03/2016: Work authorization/Advance parole card is on production

02/10/2016: Interview day

02/11/2016: Email saying that my case was approved

02/11/2016: Received my Work authorization/Advance parole card in the mail

Now waiting for the green card to get in the mail!

Good luck!

[khuranak 0]

Hi,

Thanks for the detailed post. I'm in the same position as you and have my application all ready. Just had one question - what did you put in the I-765 - "applying for" field right at the beginning? I also have a TN like you - so did you put renewal or permission to accept employment or replacement? Also did you have to attach any job letter or such?

Thanks

Edited February 16, 2016 by khuranak

[verochampagne 0]

Hi Khuranak,

I checked the box renewal of permission to accept employement. I joined a copy of my I-94 (my TN paper in ma passport). I hope this helps!

Edited February 16, 2016 by verochampagne

[khuranak 0]

Hey thanks for the quick reply.

[newacct 688]

Hi,

Thanks for the detailed post. I'm in the same position as you and have my application all ready. Just had one question - what did you put in the I-765 - "applying for" field right at the beginning? I also have a TN like you - so did you put renewal or permission to accept employment or replacement? Also did you have to attach any job letter or such?

Thanks

You should put "Permission to accept employment". You are applying for EAD on a new basis, so it should always be a new permission, regardless of whether he had an EAD before or has an EAD now. (And people on TN don't get EADs anyway, so they have never gotten permission before.)

Edited February 16, 2016 by newacct

[khuranak 0]

hmm...well that does makes sense as well and that was what I was leaning towards in the beginning and I thought "verochampagne" cleared it up but this creates a confusion . Anyone else to break the tie here? Do they even care? It seems like maybe they don't really care about what box you picked and let you make the mistake? I mean, I'm sure its not a big deal if you checked the wrong box here...

[verochampagne 0]

https://my.uscis.gov/helpcenter/article/under-the-i-am-applying-for-area-of-form-i-765-application-for-employment-authorization-there-are-three-different-blocks-which-one-should-i-check

So i guess if would be "Permission to accept employment" since it's your first application under a specific category (since the TN isn't the same category). That wasn't what i did but they probably understood what i meant...

[newacct 688]

https://my.uscis.gov/helpcenter/article/under-the-i-am-applying-for-area-of-form-i-765-application-for-employment-authorization-there-are-three-different-blocks-which-one-should-i-check

So i guess if would be "Permission to accept employment" since it's your first application under a specific category (since the TN isn't the same category). That wasn't what i did but they probably understood what i meant...

In fact, TN is no category, since TN does not get EAD.

[khuranak 0]

Thank you folks! Makes much more sense now. I've updated my form accordingly.

[Jbcan 0]

Great info. Question about name change. I am Canadian. Married my us husband. Can i use my previous passport with my Maiden name or do i need a new passport with my married name before i apply for aos. Also in usa on tn. Still on tn.

[verochampagne 0]

No you can do you passport name change afterwards. In fact, I still have my maiden name on my Canadian passport. I need to get on that :/

[Jbcan 0]

So i can use my current passport with my maiden name when applying for my aos? My name has legally changed although 

Edited June 22, 2017 by Jbcan
Add

[verochampagne 0]

Yes that's what I did. I joined my marriage certificate and a little explanation note to clarify just to be on the safe side.

[Jbcan 0]

What did you state in the letter?

 

[verochampagne 0]

I joined an additional information page for my medical form that basically said that my name changed on *date* and my medical evaluation was on *date*.

 

I also joined a copy of my marriage certificate for every forms that required a copy of my passport to prove my name changed.

 

It happens a lot and they understand that you passport has your maiden name when you apply.

Edited June 23, 2017 by verochampagne