US citizen marrying TN visa holder

[justweddingstuff 0]

Hi everyone. I hope someone can provide some clarity on where to start. I'm a US citizen engaged to a TN visa holder from Mexico. We met in the US and live in the US. We're getting married in about a month and their TN visa expires in 16 months. My partner can get the TN visa renewed but they said the process is very complicated and required help from an attorney which cost $5,000 last time. We can pay for that if necessary but would like to avoid it if possible. We don't want to take any risk of them having to go back to live in Mexico (if it were to come to it, I would go with them), and it would be ideal if they could keep working continuously.

 

What do we apply for once we get married so we can continue to live together in the US? I've read different things in different places and I'm a bit confused. Our marriage is 1000% bona fide- we're madly in love, live together, have a joint credit card and joint checking account, text logs, many photos of us together over the past year, etc. Would there be an issue with dual intent since we met on a dating app while they were in the US on a TN visa? Thanks in advance to anyone who takes the time to answer.

[Dashinka 24,512]

If you are both currently in the U.S. and are married, follow this guide.  
 

Good Luck!

 

 

[justweddingstuff 0]

This part is scary: "You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy." How do we know if we qualify or not?

[OldUser 6,709]

16 minutes ago, justweddingstuff said:

This part is scary: "You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy." How do we know if we qualify or not?

Consult with a lawyer if in doubt.

[Dashinka 24,512]

1 hour ago, justweddingstuff said:

This part is scary: "You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy." How do we know if we qualify or not?

If memory serves, that applies to people applying for a numerically limited visa such as a family based visa or people that entered the US without inspection.  There are no limits to the visa of an immediate relative such as a spouse if you were pursuing consulate processing, so you can file an AOS package if you entered the US with inspection, and are the immediate relative of a USC (i.e. a spouse). 

 

Good Luck!