Wife TN AOS application for greencard

[MikeNYC 0]

Hello everyone, this forum has been a great resource so far and I wanted to have another set of eyes check over the packet that we are getting ready to send in.

 

My wife is a Canadian citizen who came to the US on a TN visa in 2018 and I am a US naturalized citizen. We were married in NYC last month and will be applying for adjustment of status for her TN to greencard.

 

We have completed and will be filing all together:

I-130

I-130a

I-485

I-693 Medical exam

I-864

I-765

I-131

 

My wife is currently working full time with her TN status but would actually like to quit her job. Currently if you are TN and quit your job you must leave the country. At what point in the application process can she legally quit her job but remain in the US? I understand she cannot get a new job until she has the EAD but I wasn't sure if she can be unemployed while awaiting the adjustment of status.

[azblk 338]

55 minutes ago, MikeNYC said:

Hello everyone, this forum has been a great resource so far and I wanted to have another set of eyes check over the packet that we are getting ready to send in.

 

My wife is a Canadian citizen who came to the US on a TN visa in 2018 and I am a US naturalized citizen. We were married in NYC last month and will be applying for adjustment of status for her TN to greencard.

 

We have completed and will be filing all together:

I-130

I-130a

I-485

I-693 Medical exam

I-864

I-765

I-131

 

My wife is currently working full time with her TN status but would actually like to quit her job. Currently if you are TN and quit your job you must leave the country. At what point in the application process can she legally quit her job but remain in the US? I understand she cannot get a new job until she has the EAD but I wasn't sure if she can be unemployed while awaiting the adjustment of status.

TN visa holders have 60 days to wind up their affairs and leave the country or find another job if the employment ends. So If you are going to file for her in the next 60 days then she can quit her job anytime she wants without her going out of status. Also as the spouse of a US citizen being out of status is not a bar to AOS, so she can quit anytime.

 

[Nouchigang 200]

Hello,

 

Everything the previous poster is correct. But avoiding being out of status is best in my opinion.

My suggestion is to wait for her to get the NOA/I-797 for all applications before quitting her job and if she can wait a few more months then wait until the EAD so that she can find a new job. With the NOAs you will be reassured your package was complete and ready to move forward. Or if she really cant stand her job anymore maybe wait after biometrics just to be safe.

Current processing times for EAD are 3.5 to 5.5 months but before that it was 6 to 8 months. And processing times can change at any time.

I read on the forum some people who applied in January 2019 are still waiting for EADs. Also think about Having a gap on your resume, financially living with 1 salary for  a good 6 month etc.

So take all of that into consideration to make your decision. 

Take care and good luck 

[Nouchigang 200]

1 thing I forgot to mention if she plans on changing her name to your name, she can do so by putting her newname on all applications even though she hasnt changed it yet on her SSN and IDs. 

Afterward she can use her marriage certificate to change her SSN, DLs, etc

[MikeNYC 0]

13 hours ago, Nouchigang said:

Hello,

 

Everything the previous poster is correct. But avoiding being out of status is best in my opinion.

My suggestion is to wait for her to get the NOA/I-797 for all applications before quitting her job and if she can wait a few more months then wait until the EAD so that she can find a new job. With the NOAs you will be reassured your package was complete and ready to move forward. Or if she really cant stand her job anymore maybe wait after biometrics just to be safe.

Current processing times for EAD are 3.5 to 5.5 months but before that it was 6 to 8 months. And processing times can change at any time.

I read on the forum some people who applied in January 2019 are still waiting for EADs. Also think about Having a gap on your resume, financially living with 1 salary for  a good 6 month etc.

So take all of that into consideration to make your decision. 

Take care and good luck 

Thank you for the advice about how long she should wait before quitting her current job.

 

What is her visa status once the AOS is received and being processed? I thought that her TN status would become invalid since applying for a greencard violates the temporary intent of the TN status. 

[azblk 338]

15 minutes ago, MikeNYC said:

What is her visa status once the AOS is received and being processed? I thought that her TN status would become invalid since applying for a greencard violates the temporary intent of the TN status. 

She stays in the status she is in until it either expires or she does something that invalidates it like quit her job. I she quits her job after you file she will have no status until she gets her green card. She also can not leave the country without advance parole or she will abandon her AOS.

 

No simply applying for a green card does not invalidate her TN status. She loses her TN status if she leaves the country , if she quits her job or if she uses advance parole to renenter the US after a short absence.

 

[Nouchigang 200]

8 hours ago, MikeNYC said:

Thank you for the advice about how long she should wait before quitting her current job.

 

What is her visa status once the AOS is received and being processed? I thought that her TN status would become invalid since applying for a greencard violates the temporary intent of the TN status. 

She has still the TN status until she either quits her job, or travel out using the AP or starts working with the c 9) AOS EAD.

Applying does not make the TN invalid, but as soon as she starts using a document related to her AOS  then yes it becomes invalid.

In the period between applying and until her GC is approved she is in authorized stay.

I hope I make sense 

Once you send the applications Please make sure she doesnt travel out until she receives her AP or else the AOS will be considered abandoned and you will start over everything and pay again.