adjustment of status TN visa through marriage

[PabloVM91 0]

Hello and thank you for reading 

.

i came to the us on a tn visa en dicember 2019.

i never though about staying, but then i met my now wife, we where blessed with a baby boy and i been very happy since, we married in january 2022, sadly in april 16 i had a problem with my work and i got layed off.

my wife is an american citizen and we been gathering all of the information and documents and we partnered with a attorney and his team from a catholic charity.

we just need the sponsor who is one of my wifes uncle and aunt.

my question is,..is it convinient for me to stay during the grace period of 60 days, and send all the papper work to the uscis office. the attorney says that i should not be worried about it, because once we do this the grace perior will transition into a waiting period till the uscis agent make a decision.

the thing that worries me is that i dont have a job to support my family, sure my wife can find a job and work, because i also have the option to return home, to juarez mexico, which is a border town and i have a visitors visa also, and have my wife and my kid stay in el paso, and me just return home leave behing my tn visa in the consulate office and just restart the 90 day rule with the visitor visa?

thank you again for reading

[Chancy 6,243]

On 4/18/2022 at 5:12 PM, PabloVM91 said:

i also have the option to return home, to juarez mexico, which is a border town and i have a visitors visa also, and have my wife and my kid stay in el paso, and me just return home leave behing my tn visa in the consulate office and just restart the 90 day rule with the visitor visa?

 

Do not attempt to re-enter with a non-immigrant visa while planning to adjust status in the US.  That's fraud.  Don't do it.  If you want to adjust status, file your AOS paperwork ASAP while you are here in the US.  Do not leave the country until you get your AP travel permit, so make sure to submit an I-131 with your I-485.  After you get the I-485 receipt notice, you will be authorized to stay in the US while your I-485 is pending.

 

Make sure to also submit an I-765 for EAD work permit.  Although you are not allowed to work until you get EAD, you may search for jobs.  Once you get a job offer, you may request an expedite for your EAD.