Is AOS from TN visa overstay tougher than from k1? (merged)

[wookiwiki 0]

I initially came to the US on a TN status late last year. However, I was fired from my job shortly after. A couple of months after I was fired, I met someone whom I would like to marry and start a life together. Would it be possible to adjust status from inside the US in this situation? My actual i-94 date doesn't run out for a further two months. The problem is, I have only known this person for a couple of months, but have proof of a bona-fide relationship - chat logs, receipts, etc. What would be the best course of action in my situation?

Edited March 3, 2018 by Penguin_ie

[Creamsoda1983 7]

I entered under TN status as well. But it is my understanding that your entry via TN is only valid as long as you are employed by the company that you entered the TN with. Those documents that you give to the customs guy are your employment offer letter. Your TN is specific to your employer. I think that once you are fired you are expected to leave the USA imediately.  (yeah the logistics of that suck im sure). It sound like you are out of status to me. (im definitely not an expert), but thats what it looks like to me. Just because your i-94 expiration date is not expired does not mean that you are currently legally admitted. With a quick search though it looks like you might have a 60 day grace period from being fired to leave.

 

I think you will have a very hard time convincing any one that this is a legitimate marriage if you adjust status.

 

Lets see, Got fired, overstayed your visa and now presumably out of status, few months later you met someone and after a few months decide that you want to spend the rest of your life together. Good luck proving your bonifide relationship. Chat logs I doubt will cut it. To me it looks like after you overstayed you are trying to find a way to stay. Im not trying to be mean but this sounds shady. And maybe its not but I would suggest talking to a lawyer for the best course of action. Ignorance doesnt give you a free pass. I dont think "oh i didnt know better" will go far. Perhaps consular processing? But you would have to go home for that. 

[azblk 338]

The basic requirement to adjust status is that you entered the country legally ( which you did) and that you are in a bonafide marriage, your immigration status is irrelevant .

 

So if you want to marry this person and build a life together then go for it, you are within your rights.   Evidence of a bonafide relationship is gotten over time and you should not be discouraged that you have to little now. Get married and start combining your legal and financial lives. when you move in together get on the lease. Get gym memberships together, get insurance together, evidence of trips together, joint property purchases and the like.

 

The only thing you need to start the process is a marriage certificate.  You can start collecting evidence as times goes on. It will be at least six months to a year before you get your interview and as such you can use that time to collect more evidence of a bonafide marriage.

 

Since you are likely out of status for more than 6 months,  DO NOT LEAVE THE COUNTRY under any circumstances unless you have approved advance parole. If you do you will not be able to return for 10 years unless you get a waiver which is not easy to obtain.

 

Below is a guide of what you will need. Good luck on your AOS journey.

 

Marriage based AOS guide:

Form I-130 Petition for Alien Relative
https://www.uscis.gov/i-130

Form I-130A Supplemental Information for Spouse Beneficiary
https://www.uscis.gov/i-130

Form I-485 Application to Register Permanent Residence or Adjust Status
https://www.uscis.gov/i-485

Form I-693 Report of Medical Examination and Vaccination Record (Must be sealed by civil surgeon and you dont need to send it with your original package, you can send it later on or take it to interview with you)
https://www.uscis.gov/i-693

Form I-864 Affidavit of Support under Section 213A of the INA
https://www.uscis.gov/i-864

Form I-765 Application for Employment Authorization
https://www.uscis.gov/i-765

Form I-131 Application for Travel Document (File this if you are planning to travel during AOS process)
https://www.uscis.gov/i-131

Form G-1145 E-Notification of Application/Petition Acceptance
https://www.uscis.gov/g-1145

 

-----------------------------------------------------------------------------------

Form I-130 Completed and signed form by Petitioner (U.S. Citizen).

Form I-130A Completed and signed by spouse beneficiary.

A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.

https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.

Copy of U.S. Citizen`s Driver License or Passport Biographical Page.

Copy of Marriage Certificate.

Copy of Divorce Decree (If you are divorced previously).

Copy of beneficiary`s passport biographical page.

Copy of beneficiary`s most recent I-94.

https://i94.cbp.dhs.gov/I94/#/recent-search

 

Examples of Evidence Showing Bona Fide Marriage:

 

 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).

 

☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 

☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 

☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.

 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)

 ☐ Affidavits from your family, friends having personal knowledge of your bona fides marriage.

 

-------------------------------------------------------------------------------------------------------------------------------

 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).

A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).

Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.

Copy of beneficiary`s passport Biographical page.

Copy of beneficiary`s passport nonimmigrant visa page (if you have)

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

Copy of beneficiary most recent I-94.

https://i94.cbp.dhs.gov/I94/#/recent-search

 

Copy of Marriage Certificate.

Copy of Divorce Decree (If you are divorced previously).

 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)

“You do not need to send with your initial application but you need have it with you during the interview”

Form I-864, Affidavit of Support Under Section 213A of the INA:

 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).

 ☐ Copies of Petitioner`s W2`s or 1040`s forms.

 

 ☐ Copies of Petitioner`s pay stubs.

 ☐ A letter of employment verification for the petitioner.

 

--------------------------------------------------------------------------------

Form I-765 Completed and Signed by Beneficiary.

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

Copy of beneficiary`s passport Biographical page.

Copy of beneficiary most recent I-94.

https://i94.cbp.dhs.gov/I94/#/recent-search

 

*No Filing Fee is required for I-765 since it is being submitted along with I-485.

 

------------------------------------------------------------------------------------------

 

Form I-131 Completed and Signed by Beneficiary.

Copy of beneficiary`s passport Biographical page.

Copy of beneficiary most recent I-94.

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

 

 

 

 

 

 

[nnbc1234 0]

I'd strongly suggest you speak with a lawyer. Chats and receipts could only go so far and a few months of knowing someone in light of a real immigration threat makes the argument less convincing on face value that you'd be entering into marriage in good faith.

[Ontarkie 14,557]

If you haven't left the US and are still wanting to marry. You are able to AOS only if you are still here. 

 

~~Moved to AOS From Work, Student & Tourist Visas, from What Visa Do I Need.- As the OP is asking about adjustment of status from work visa.~~

Edited February 2, 2018 by Ontarkie

[wookiwiki 0]

I'm a Canadian citizen who's been fired from his job on a TN visa, but I also have a USC fiancee. I was wondering if I can file for adjustment of status within the US or if it's a good idea to fly out and do the K1? I don't have a lot of proof of a bonafide relationship as I've only known my fiancee for 3.5 months.

[wookiwiki 0]

Is there any risk to marrying a us citizen and filing for adjustment of status if all you've done is overstay your visa, especially in this environment in the USA? Or should I wait until the next administration? I'm not in a hurry. 

Edited March 3, 2018 by wookiwiki

[JFH 12,191]

Not in a hurry for what? Deportation or marriage? 

 

Overstay is forgiven for spouses of USCs when you file for adjustment of status. However, such cases face intense scrutiny and you will be interviewed to ascertain if the marriage is bona fide. It is even more difficult if removal proceedings have commenced before the marriage took place.  

[Penguin_ie 5,997]

***** four threads merged.  Do not post more than once on an issue, that is considered spamming.  If you have follow on questions or more info to give which may change member's answers, post them as a reply in this thread. *****