Should I get married and submit my change of status or wait?

[Ctpcheng 1]

I’m a Canadian citizen currently working in the US via TN visa. Prior to the pandemic, I was talking to my significant other about getting married. We’re confident we want to move forward; however, everything appears more complicated than ever thanks to the closures. 

 

My significant other reached out to a few immigration lawyers colleagues causally and they informed her that biometrics and medical examination appointments are being cancelled. 
 

What should I do?

 

My original plan was to get married on June 8, which is 90 days from my last visit through the border and initiate my change of status from TN.

I was going to submit I-130, I-130A, I-864, I-485, I-131, and I-765 simultaneously and wait patiently for my biometrics appointment. Seeing as how biometric appointments are being cancelled at the moment, what are my options? Should I even bother initiating this process?

My concern is that once I initiate the change of status, I won’t have the ability to apply for other work as I’ll no longer be eligible for another TN visa. I’m extremely unhappy with where I am right now. Being able to find a new job is important to me; however, staying with my significant other is still my main goal. 

Thanks in advance!

[arken 4,197]

You two can initiate the petition by submitting those forms and i-944 form. It is likely that you may not get EAD until biometrics is done which is on hold at this point. It’s also likely that you may not be able to extend TN or change to any other non immigrant status moving forward. When does your current TN status expire? If it expires may be a year or later, i say you initiate the petition. If it’s expiring in a month or two and you can extend the status and keep working, you may wait till it’s extended. 

[NikLR 13,232]

It doesn't matter that biometrics is cancelled right now.  They will still accept and work on your file. You wont be issued EAD etc until biometrics but you should be able to keep working on your TN status.  (But obviously you cant renew it.)

Remember you shouldn't leave the US until you get AP after you send your AOS and you shouldn't leave before filing because you have intent to immigrate. 

Edited April 16, 2020 by NikLR

[Ctpcheng 1]

6 minutes ago, arken said:

You two can initiate the petition by submitting those forms and i-944 form. It is likely that you may not get EAD until biometrics is done which is on hold at this point. It’s also likely that you may not be able to extend TN or change to any other non immigrant status moving forward. When does your current TN status expire? If it expires may be a year or later, i say you initiate the petition. If it’s expiring in a month or two and you can extend the status and keep working, you may wait till it’s extended. 

A new form? Wow! Do I have to submit this I-864 if I am self sufficient as determined by I-944. 
 

Thanks for the heads up. 

[NikLR 13,232]

1 minute ago, Ctpcheng said:

A new form? Wow! Do I have to submit this I-864 if I am self sufficient as determined by I-944. 
 

Thanks for the heads up. 

Yes the I-864 is the contract between petitioner and government.  It's required.  Unless you've worked 40 quarters in the USA and can self sponsor with the I-864w. 

[Mollie09 1,543]

10 hours ago, Ctpcheng said:

I’m a Canadian citizen currently working in the US via TN visa. Prior to the pandemic, I was talking to my significant other about getting married. We’re confident we want to move forward; however, everything appears more complicated than ever thanks to the closures. 

 

My significant other reached out to a few immigration lawyers colleagues causally and they informed her that biometrics and medical examination appointments are being cancelled. 
 

What should I do?

 

My original plan was to get married on June 8, which is 90 days from my last visit through the border and initiate my change of status from TN.

I was going to submit I-130, I-130A, I-864, I-485, I-131, and I-765 simultaneously and wait patiently for my biometrics appointment. Seeing as how biometric appointments are being cancelled at the moment, what are my options? Should I even bother initiating this process?

My concern is that once I initiate the change of status, I won’t have the ability to apply for other work as I’ll no longer be eligible for another TN visa. I’m extremely unhappy with where I am right now. Being able to find a new job is important to me; however, staying with my significant other is still my main goal. 

Thanks in advance!

You don't have to wait 90 days from your last entry.