TN-1 to GC - potentially interrupted?

[skilledcanuck 0]

Hi there.... somewhat of an interesting situation...


I am currently on a TN-1 in the US, sponsored by my employer in NYC. I came in february of 2015, while I was engaged to my gf who is american (and was living with me in Canada for 7 years). She came to NYC with me.

Anyways, we had no intent of initially of getting married and staying - we really did intend for this to be temporary, however things change of course.

due to the recommendation of retained counsel, we waited over two months before last entry, then we married and then filed for AOS to GC

all is fine, going in for biometrics very shortly, everything is proceeding well on that front. My (now) wife is also employed at a great job making 6+ figures as well, so I envision no issues at the interview (if there is one)

however, now there are rumblings at my workplace of layoffs, RIFs and other activities that may curtail our plans..

At this point, I have not received my AP/EAD yet, biometrics is in a few days.

The way I understand it, since I have filed for AOS, at this point I actually don't even have a visa at this point (hence why I can't leave the country and try to re-enter).

1) if the worst happens (I lose my job), but my wife is still very much gainfully employed and making a very good salary - does this impact the GC interview/review process?
2) if the second worst happens (I am going in for a semi-serious surgery - may be on STD for a few weeks) - does being on STD Affect the GC review process at all?
3) if I get laid off, and pick up contract work, or other fulltime work based on my newly received EAD - does this impact the GC receive process at all?


Basically, I am very concerned about the rumblings of the layoffs at my current employer-and any impacts on my current GC journey...

thanks for any feedback!

[NikLR 13,232]

1) no as she is the primary sponsor anyhow

2) Std?

3) no

You are adjusting status based on your marriage, not your work as your TN visa is not meant to adjust from work wise. Anything with your job doesn't affect the AOS. Only your wife losing her job and you two not having the assets to cover or a joint sponsor would affect it in a monetary manner.

Also moving

~~moved to AOS from work, tourist, and student visas from work visas~~

[skilledcanuck 0]

Thanks very much! STD = Short term disability

[skilledcanuck 0]

Thank you - I have received my combo card and all is well.. the USCIS entry for the i485 itself has no been updated - and from what I read I should not expect it to be for several months potentially.

I have resigned from my initial employer whom I came in on via TN-1 and starting with a new employer on monday on the EAD. We have been planning a move from NYC to the south for some time now - this would probably include my wife leaving her job, taking a break getting the household reset and then looking for work in the new location.

however, we are concerned that if we get the call to go in for the interview and she is not currently employer, but I am - that this may be a problem.

Or is it that at least someone has to be gainfully employed in the relationship?

Cheers!

[Harpa Timsah 13,258]

If she is not currently employed then you will need a co-sponsor.