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Posted

First I apologize if this has already been discussed I do appreciate any advise you can give...

Okay.... I am recently engaged to a wonderful wonderful man. I am a US Citizen and he is Canadian. He has been working here in the US for the last 8 years or so on a TN visa which was just renewed in July 07 and is renewed yearly. At this point. I have no idea where to go. Does he apply for his green card? I have heard that there is a loop hole when the TN visa is 6 months matured where you can apply for a green card.... He needs to continue to work and live here in the US, yet we need to get him something that allows him to marry me. What can we do and what is the time line for this?

I do appreciate any and all feed back.....

~May (L)

Filed: Other Country: China
Timeline
Posted
First I apologize if this has already been discussed I do appreciate any advise you can give...

Okay.... I am recently engaged to a wonderful wonderful man. I am a US Citizen and he is Canadian. He has been working here in the US for the last 8 years or so on a TN visa which was just renewed in July 07 and is renewed yearly. At this point. I have no idea where to go. Does he apply for his green card? I have heard that there is a loop hole when the TN visa is 6 months matured where you can apply for a green card.... He needs to continue to work and live here in the US, yet we need to get him something that allows him to marry me. What can we do and what is the time line for this?

I do appreciate any and all feed back.....

~May (L)

You start by clicking on the word "Guides" at the top of any page.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted
First I apologize if this has already been discussed I do appreciate any advise you can give...

Okay.... I am recently engaged to a wonderful wonderful man. I am a US Citizen and he is Canadian. He has been working here in the US for the last 8 years or so on a TN visa which was just renewed in July 07 and is renewed yearly. At this point. I have no idea where to go. Does he apply for his green card? I have heard that there is a loop hole when the TN visa is 6 months matured where you can apply for a green card.... He needs to continue to work and live here in the US, yet we need to get him something that allows him to marry me. What can we do and what is the time line for this?

I do appreciate any and all feed back.....

~May (L)

You start by clicking on the word "Guides" at the top of any page.

ouch! hahahahahaha good one P

May...first of all, when you post something...pls give the topic enough time to load so that you don't have triple threads.

If your fiance's intent upon his LAST crossing the POE into America was NOT one of marrying you and ultimately pursuing a GC for permanent residence in the USA, then my personal opinion would be to marry now, and file for AOS after the marriage.

The intent upon arrival at POE is the utmost importance here & where you go from here hinges on that fact alone.

Posted

Thanks.... And I did look over the GUIDES at the top of the page.... Thank you. However what exactly is our best corse of action given the provided details by me and personal advise from persons been through this sort of this is NOT in the guides which is why I posted a new topic. I have done a lot of reading on GC and K-1 Visa's.... That was something that I did not feel I needed more information on. I just wanted to get a feeling from people who have actually been though this, to help me figure out where to go with this and what is the best and fastest way to do it.

Thanks for the Support!

~May

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)

This is a case where you can just marry, and then file to adjust status based on this.

Again read the guides, but I will point you at one in particular.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Other Country: China
Timeline
Posted
This is a case where you can just marry, and then file to adjust status based on this.

Again read the guides, but I will point you at one in particular.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Yes, that's the one. I suppose it could be difficult for you to decide to select because you're not married yet but yes, your best option is to marry in the US then adjust status, with the stipulation that intending immigrant remain in the US during status adjustment process. The process of getting a green card is called Adjusting Status to Permanent Resident.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Citizen (apr) Country: China
Timeline
Posted
Well that is wonderful to hear! I will go back through and read that one. Thank you very much!!! Awesome!

Now second question and I probably should read the guide again..... BUT what about his 14yr old son?

Once married you can file for an immigrant visa for the son as a step parent.

Similar process as filing for a CR-1 visa for a spouse. Filing I-130.

A step parent can file for a step child as an immediate relative.

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
http://travel.state.gov/visa/immigrants/ty...types_1306.html

From form I-130 directions:

Who May Not File This Form I-130?

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Since the marriage will take place before the boy reaches age 18, You the US Citizen "Step Parent" can file for him, probably file for around same time you file for AOS.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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