TN1 COS

[cc2867 24]

Hi, I'm a Canadian citizen who has lived and worked in the US for 17 years on a string of TN1's.  Ten of those years I have been married to a natural born US citizen.  My spouse and I have recently decided to make the US our permanent home.  Can someone please share advice and/or existing threads advising on COS from Canadian TN1?  I'm suddenly concerned with the dual intent nuance that is afforded H1B, but not TN.

 

We have forms I-130, I-130A, I-485, G325A, I-864, I-765, I-693 nearly ready to submit.

 

Thanks in advance

[Transborderwife 4,666]

You're fine to AOS.  Also since you're on a valid visa your income counts as well towards the I-864 as well which is fortunate.

http://www.visajourney.com/content/i130guide2

[NikLR 13,227]

~~moved to AOS from work, tourist, and student visas from IR1/CR1 process and procedures~~

[cc2867 24]

How would things change If the TN has expired?  USCIS rejected a current mail-in extension of my TN.  An attorney has been hired to assist with reopening/reconsidering the petition.  Expedited processing has USCIS's deadline for response set for the end of the week.

[NikLR 13,227]

Don't leave the USA.  You're married so any overstay will be ignored/forgiven.  As long as you were legally allowed into the USA, you can AOS.